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Karnataka High Court

M/S. Shine Crop Care Pvt Ltd vs State Of Karnataka on 2 May, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                               -1-
                                                          NC: 2025:KHC:17942
                                                        WP No. 10182 of 2025




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 2ND DAY OF MAY, 2025

                                          BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                        WRIT PETITION NO. 10182 OF 2025 (GM-RES)


                   BETWEEN:

                      M/S. SHINE CROP CARE PVT LTD.,
                      A PRIVATE LIMITED COMPANY,
                      NO. 6-32, SHED NO. 6-119/3,
                      LAXMA REDDY PALEM,
                      PEDDA AMBERPET VILLAGE,
                      ABDULLAPURMET MANDAL,
                      HAYATHNAGAR,
                      RANGA REDDY DISTRICT,
                      TELANGANA STATE - 50505
                      REG. UNDER COMPANIES ACT.

                      REPRESENTED BY ITS
                      MANAGING DIRECTOR,
Digitally signed
by NAGAVENI           SRI. G.KISHORE, S/O G. INNAIAH.
Location: High        AGED ABOUT 40 YEARS.
Court of
Karnataka
                      SALES/AT PLOT NO. 7/A,
                      WARD NO 5, 1 CROSS,
                      APMC YARD,
                      BELLARY - 583 103,
                      KARNATAKA STATE.
                                                                ...PETITIONER
                   (BY SRI. SANGAMESH R.B, ADVOCATE)
                            -2-
                                        NC: 2025:KHC:17942
                                      WP No. 10182 of 2025




AND:

1.   STATE OF KARNATAKA
     DEPT. OF AGRICULTURE,
     M.S. BUILDING, VIDHANA VEEDHI,
     BENGALURU - 01,
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY.

2.   THE COMMISSIONER AND
     DIRECTOR OF AGRICULTURE,
     OFFICE OF DIRECTOR OF AGRICULTURE,
     SESHADRI ROAD,
     BENGALURU - 560 001.

3.   THE JOINT DIRECTOR,
     O/O. JOINT DIRECTOR OF AGRICULTURE,
     SESHADRI ROAD,
     BENGALURU - 560 001.

4.   INSECTICIDE INSPECTOR
     AND AGRICULTURE OFFICER,
     BENGALURU DISTRICT,
     SESHADRI ROAD,
     BENGALURU - 560 001.
                                           ...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)

       THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT AUTHORITIES NOT TO INTERFERE WITH THE
SALE AND DISTRIBUTION OF BIO PRODUCTS/BIO STIMULANTS
BELONGING TO THE PETITIONER COMPANY, WHICH ARE MORE
FULLY DESCRIBED IN THE SCHEDULE HEREUNDER OTHERWISE
                                        -3-
                                                    NC: 2025:KHC:17942
                                                WP No. 10182 of 2025




THEN IN ACCORDANCE WITH LAW AND TO STRICTLY FOLLOW
THE GOVT ORDER DTD 23.02.2021 BEARING NO. SO 882(E)
WHICH IS EXTENDED UP TO 16.06.2025 AT ANNEX-C AND D
AND ETC.,

         THIS      PETITION,      COMING       ON   FOR   PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:         HON'BLE MR JUSTICE M.NAGAPRASANNA


                                ORAL ORDER

Heard Shri Sangamesh R.B., learned counsel appearing for the petitioner and Shri Shamanth Naik, learned Additional Government Advocate appearing for the respondents.

2. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of M/S SHRI PAVAN AGRI LIFE SCIENCES Vs. STATE OF KARNATAKA & Ors.1, the Co-ordinate Bench has held as follows:

"The learned Additional Government Advocate accepts notice for the respondent Nos.1 to 4.
1
W.P.No.34731/2024 Disposed on 19.12.2024 -4- NC: 2025:KHC:17942 WP No. 10182 of 2025
2. The petitioner seeks a directive to the respondents not to interfere with the sale and distribution of bio-products/bio-stimulants belonging to the petitioner company, as described in the Schedule herein, except in accordance with law, and to strictly adhere to the Government Order dated 23.02.2021 regarding the products listed, namely reads as follows:
"AMINO GOLD, NITRO FLOWER, HIGHGROW HUMIC, EXODUN, AVANTHIKA-SP, ATREYA EX, SUMITRA, DHAMAKA-3, KVP 369, MAHADEVA-3, ROVIN, NAYAR, VESPA, PROTAAN, BILWA-500, KABIR XXX, RISHI-3, AJAXI-Z, PHYTOZOLE, KENEVIA, LIGER XL, THRISHUL-5, AATRI, LEGENDARY, SPALSTAR, PAVAN STAR, APOORVA, INDUS HELP, ANAKIN PLUS, AB MYCIN, NEEM AZAL, VALLABHA ZYME, BHOOVIN, OSHO, RULER, KINNARA, VB CARE, DYLAN-F, ALPHA, ELLORA, PINAKIN, RUBEN SAVERA."

3. The issue involved in this petition has been addressed by the Co-ordinate Bench of this Court in W.P.No.17633/2024 [GM-RES], disposed of on 25.07.2024. In that order, the respondents were directed not to interfere with the sale and distribution of bio-products/bio-stimulants except in accordance with law and to strictly follow the Government Order dated 23.02.2021, which has been extended until August 2025.

4. Accordingly, this petition is disposed of in terms of the order dated 25.07.2024 passed in W.P.No.17633/2024.

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NC: 2025:KHC:17942 WP No. 10182 of 2025

3. In that light there shall be an order, as is passed by the Co-ordinate Bench, as the learned High Court Government Pleader is not in a position to dispute the position of law, as is laid down.

Sd/-

(M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 57 CT: BHK