Karnataka High Court
M/S. Rangani Timbers vs Union Of India on 31 July, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2019
BEFORE
THE HON'BLE Mr. JUSTICE ALOK ARADHE
WRIT PETITION NOs.59613-59614 OF 2016
C/W
W.P.NOs.16305-16306/2016, W.P.NOs.25531-
25579/2016, W.P.No.33285/2016, W.P.No.33281/2016,
W.P.No.5417/2018, W.P.No.5418/2018,
W.P.No.42989/2017, AND
W.P.No.48459/2018 (GM-RES)
IN W.P.NOs.59613-59614/2016:
BETWEEN :
1. M/S.RANGANI TIMBERS
HAVING ITS OFFIE AT No.80
2ND STAGE, INDUSTRIAL SUBURB
MYSURU SOUTH, MYSURU - 570 008
KARNATAKA STATE.
REPRESENTED BY ITS PARTNER:-
SRI DHEERAJ KUMAR.A .PATEL
S/O SRI ABJI.K.PATEL
AGED ABOUT 40 YEARS.
2. M/S.GEETHA TIMBERS
HAVING ITS OFFICE AT No.42/4,
2ND STAGE, INDUSTRIAL SUBURB
MYSURU SOUTH, MYSURU - 570 008
KARNATAKA STATE.
2
REPRESENTED BY ITS PARTNER:-
SRI JAYANTHILAL SHIVJI PATEL
S/O SRI SHIVJI KARSON PATEL
AGED ABOUT 42 YEARS.
...PETITIONERS
(BY SRI Y RAJENDRA PRASAD SHETTY, ADV.-ABSENT)
AND :
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE
DEPARTMENT OF AGRICULTURE.
& COOPERATION
KRISHI BHAVAN
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H-IV, FARIDABAD
HARAYANA - 121 001.
3. THE PLANT PROTECTION OFFICER(WS)
PLANT QUARANTINE STATION
PLOT No.323/F/1, KIADB
INDUSTRIAL AREA
BAIKAMPADY
MANGALURU - 575 011.
4. THE OFFICER IN CHARGE
PLANT QUARANTINE STATION
HEBBALA BHOOPSANDRA ROAD
HAFARM POST, BENGALURU - 560 024.
... RESPONDENTS
3
(BY SMT. H.R.ANITHA, CGC FOR R1 -4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DECLARE THAT THE IMPOSING OF
INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO
INDIA) ORDER 2003 (VIDE ANNEX-B) DATED 18.11.2003 ON
THE TIMBER IMPORTED FROM OTHER COUNTRIES IS
WITHOUT AUTHORITY OF LAW AND ETC.
W.P.NOs.16305-16306/2016:
BETWEEN:
1. KARNATAKA TIMBER IMPORTERS
ASSOCIATION BEACH ROAD,
NEW MANGALORE PORT
PANAMBUR
MANGALORE - 575 010.
REPRESENTED BY ITS MEMBER
BABULAL V PATEL
S/O VALJI GOPAL PATEL
AGED ABOUT 59 YEARS
R/AT No.1123, 'DEVAKI NANDAN',
RPC LAYOUT, HAMPINAGAR
BENGALURU - 560 040.
2. SRI BABULAL V PATEL
S/O VALJI GOPAL PATEL
AGED ABOUT 59 YEARS
R/AT No.1123, DEVAKI NANDAN',
RPC LAYOUT, HAMPINAGAR
BENGALURU - 560 040.
...PETITIONERS
4
(BY SMT. SWAMINI GANESH A/W
SRI B R SRIVATSA, ADVOCATES FOR
SRI SANDEEP S PATEL, ADVOCATE)
AND :
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE
DEPARTMENT OF AGRICULTURE.
& COOPERATION
KRISHI BHAVAN
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H-IV, FARIDABAD
HARAYANA - 121 001.
3. THE PLANT PROTECTION OFFICER(WS)
PLANT QUARANTINE STATION
PLOT No.323/F/1, KIADB
INDUSTRIAL AREA
BAIKAMPADY
MANGALURU - 575 011.
... RESPONDENTS
(BY SMT. H.R.ANITHA, CGC FOR R1 -3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DECLARE THAT THE IMPOSING OF
INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO
INDIA) ORDER 2003 VIDE ANNEX-B ON THE TIMBER
5
IMPORTED FROM THE COUNTRIES IS WITHOUT
AUTHORITY OF LAW.
W.P.NOs.25531-25579/2016:
BETWEEN:
1. K M PATEL & COMPANY
PLOT NO.23, NMPT STOCKYARD,
PANAMBUR,
MANGALORE-575010
REP BY ITS PARTNER,
SRI.ANKIT BABULAL PATEL
2. SRI.ANKIT BABULAL PATEL, PARTNER
S/O BABULAL RANMAL PATEL,
AGED ABOUT 30 YEARS,
R/A ASHIRWAD, 1-4/16,
RAJAWADI CHS, R.N. GANDHI ROAD,
GHATKOPAR, (EAST)MUMBAI-400 077.
3. SAUDAGAR ENTERPRISES
PLOT NO.27, INDUSTRIAL AREA CROSS ROAD,
PANAMBUR, MANGALORE-575010
REP. BY SHRI PAWAR B.S., PARTNER
S/O SHIVRAM PAWAR,
AGED ABOUT 63 YEARS,
R/A # 406, VINAYAKA APARTMENTS,
LADY HILL, MANGALORE-575 006.
4. SHRI PAWAR B.S
PARTNER
S/O SHIVARAM PAWAR
AGED ABOUT 63 YEARS
R/A 406, VINAYAKA APARTMENTS,
LADY HILL, MANGALORE-575 006.
6
5. SIMLA AGENCIES,
NMPT TIMBER YARD,
PANAMBUR, MANALORE-575010
REP. BY ITS PARTNER
SHRI PAWAR B.S.
S/O SHIVARAM PAWAR
AGED ABOUT 63 YEARS,
R/A 406, VINAYAKA APARTMENTS,
LADY HILL, MANGALORE-575 006.
6. SHRI PAWAR B.S. PARTNER
S/O SHIVARAM PAWAR
AGED ABOUT 63 YEARS,
R/A 406, VINAYAKA APARTMENTS,
LADY HILL, MANGALORE-575 006.
7. RAJ KRIPAL LUMBERS LTD
TIMBER STOCK YARD,
BEACH ROAD, PANAMBUR,
MANGALORE-575 010
REP. BY SHRI BABULAL PATEL,
DIRECTOR, S/O LAKHAMSIBHAI PATEL
AGED ABOUT 49 YEARS,
R/A 402, AROMA PARK,
MANNEGUDDA,
MANGALORE-575 003.
8. SHRI BABULAL PATEL DIRECTOR
S/O LAKHAMSIBHAI PATEL
AGED ABOUT 49 YEARS,
R/A 402, AROMA PARK,
MANNEGUDDA,
MANGALORE - 575 003.
7
9. TRISH IMPEX PRIVATE LIMITED
TIMBER STOCK YARD,
PANAMBUR,
MANGALORE-575 010
REP. BY SHRI RAJKUMAR,
DIRECTOR, S/O DHARARAM
AGED ABOUT 35 YEARS,
R/A BOLIMAR HOUSE
KULLUR, MANGALORE.
10. SHRI RAJKUMAR
DIRECTOR
S/O DHARARAM
AGED ABOUT 35 YEARS
R/A BOLIMAR HOUSE,
KULLUR, MANGALROE.
11. SANTOSH OVERSEAS
TIMBER STOCK YARD,
PANAMBUR,
MANGALORE-575 010.
REP. BY SHRI SHIVAJI
MEGHAJI PATEL,
S/O MEGHAJI
AGED ABOUT 59 YEARS
R/A # 601, PAWAN APARTMENTS,
JAIL ROAD, MANGALORE-575 003.
12. SHRI SHIVAJI MEGHAJI PATEL
S/O MEGHAJI
AGED ABOUT 59 YEARS,
R/A #601, PAWAN APARTMENTS,
JAIL ROAD, MANGALORE-575 003.
13. GAUTAHAM IMPEX PRIVATE LIMITED
TIMBER STOCK YARD,
8
PANAMBUR,
MANGALORE-575 010.
REP. SHRI SANTOSH SHIVAJI PATEL,
DIRECTOR
S/O SHIVAJI MEGHAJI PATEL
AGED ABOUT 21 YEARS,
R/A 601, PAWAN APARTMENTS,
JAIL ROAD, MANGALORE-575 003.
14. SHRI SANTOSH SHIVAJI PATEL
DIRECTOR
S/O SHIVAJI MEGHAJI PATEL
AGED ABOUT 21 YEARS,
R/A 601, PAWAN APARTMENTS,
JAIL ROAD, MANGALORE-575 003.
15. GANESH SAW MILLS PRIVATE LIMITED
NMPT TIMBER YARD, PANAMBUR,
MANGALORE-575 010.
REP. BY ITS DIRECTOR/MANAGER
SHRI KHETHALAL R PATEL
S/O RATHANSI BHAI PATEL
AGED ABOUT 61 YEARS
R/A GANESH NIVAS,
VIVEKANANDA CHOWK,
NANDED ROAD, LATUR-413 412.
16. SHRI KHETHALAL R PATEL DIRECTOR
S/O RATHANSI BHAI PATEL
AGED ABOUT 61 YEARS,
R/A GANESH NIVAS,
VIVEKANANDA CHOWK,
NANDED ROAD, LATUR-413 412.
17. SHA SHAMBHULAL NATHALAL
& COMPANY,
9
RASK CHAMBERS,
OPP. CENTRAL MARKET
MARKET ROAD,
MANGALORE - 575 001.
REP. BY ITS MANAGER
SHRI PRIYANK P SANGHVI
S/O PRADEEP R SANGHVI,
AGED ABOUT 27 YEARS,
R/A G-1, ARIHANT APARTMENTS,
PINTOS LANE, KADRI-KAMBALA ROAD,
MANGALORE-575 004.
18. SHRI PRIYANK P SANGHAVI
S/O PRADEEP R SANGHVI,
AGED ABOUT 27 YEARS
R/A ARIHANT APARTMENTS,
PINTOS LANE, KADI-KAMBALA ROAD,
MANGALORE-575 004.
19. LOGS INDIA PRIVATE LIMITED
RASIK CHAMBDERS,
OPP. CENTRAL MARKET,
MARKET ROAD,
MANGALORE-575001
REP. BY ITS MANAGER
SHRI UMESH RAO
S/O VENKAT RAO
AGED ABOUT 50 YEARS,
R/A BENAKA HALE MANNE,
P.O. KOKKADA,
PUTTUR TALUK-574 198.
20. SHRI UMESH RAO
S/O VENKAT ROA
AGED ABOUT 50 YEARS,
R/A BENAKA HALE MANNE,
10
P.O. KOKKADA,
PUTTUR TALUK-574 198
21. SHARP ENTERPRISES
NMPT, PANAMBUR
MANGLAORE-575 010
REP. BY SHRI MOHIT PATEL, PARTNER
S/O JETHALAL MEGHAJI PATEL
AGED ABOUT 23 YEARS
R/A, K-2 APARTMENTS,
FLAT No.1101, FALNIR,
MANGALORE-575 002.
22. SHRI MOHIT PATEL, PARTNER
S/O JETHALAL MEGHAJI PATEL,
AGED ABOUT 23 YEARS,
R/A K-2 APARTMENTS,
FLAT No.1101, FALNIR,
MANGALORE-575 002.
23. GURUDEV CORPORATION
NMPT, PANAMBUR,
MANGLAORE-575 010.
REP. BY SHRI MOHIT PATEL,
PARTNER, S/O JETHALAL
MEGHAJI PATEL
AGED ABOUT 23 YEARS,
R/A K-2 APARTMENTS,
FLAT NO.1101, FALNIR,
MANGLAORE-575 002.
24. KREEDAI EXIM,
NMPT, PANAMBUR,
MANGALORE-575010.
REP. BY SHRI MOHIT PATEL, PARTNER
S/O JETHLAL MEGHAJI PATEL
11
AGED ABOUT 23 YEARS
R/A K-2 APARTMENTS,
FLAT NO.1101, FALNIR,
MANGALORE-57 002.
25. SRI. UMIYA SAW MILL
NO.73/1, NEW TIMBER
YARD LAYOUT,
MYSORE ROAD CROSS
BENGALURU-560 026.
REP. BY ITS PARTNER
SHRI CHETAN PATEL,
S/O LALJI M PATEL,
AGED ABOUT 37 YEARS,
R/A No.165, 6TH CROSS,
BAPUJI LAYOUT,
VIJAYANAGAR,
BENGALURU-560 040.
26. SHRI CHETAN PATEL, PARTNER
S/O LALJI M PATEL
AGED ABOUT 37 YEARS
R/A No.165, 6TH CROSS,
BAPUJI LAYOUT,
VIJAYANAGAR,
BENGALURU-560 040.
27. M/S. BHARAT KUMAR PATEL
TIMBER PRODUCTS PRIVATE ,
LIMITED, PLOT No.12,
TIMBER YARD,
NEW MANGALORE PORT TRUST,
NEAR BEACH ROAD,
PANAMBUR, MANGALORE-575 010
REP. BY ITS DIRECTOR
SHRI BHARAT K PATEL
12
S/O KANTHI BAI K PATEL,
AGED ABOUT 53 YEARS,
R/AT SHRI KRISHNA KRIPA
ALAKE, MANGALORE-575 003.
28. SHRI BHARATKUMAR, DIRECTOR
S/O KANTIBHAI PATEL
AGED ABOUT 52 YEARS,
R/A SHRI KRISHNA KRIPA,
ALAKE, MANGALORE-575 003.
29. PATEL BABULAL PRANLAL TIMBER
PRODUCTS PRIVATE LIMITED,
PLOT No.12, TIMBER YARD,
NEW MANGALORE PORT TRUST,
NEAR BEACH ROAD, PANAMBUR,
MANGALORE-575 010
REP. BY ITS DIRECTOR
SHRI BHARATKUMAR
S/O KANTIBHAI PATEL
AGED ABOUT 52 YEARS
R/A SHRI KRISHNA KRIPA,
ALAKE, MANGALORE-575 003.
30. SHRI BHARATKUMAR
S/O KANTIBHAI PATEL
AGED ABOUT 52 YEARS,
R/A SHRI KRISHNA KRIPA,
ALAKE, MANGALORE-575 003.
31. PATEL VEENEERS PRIVATE LIMITED
PLOT No.12, TIMBER YARD,
NEW MANGALORE PORT TRUST,
NEAR BEACH ROAD, PANAMBUR,
MANGALORE-575 010
REP. BY ITS DIRECTOR
13
SHRI BHARAT. K. PATEL,
S/O KANTIBHAI PATEL
AGED ABOUT 52 YEARS
R/A SHRI KRISHNA KRIPA,
ALAKE, MANGALORE-575 003.
32. SHRI BHARAT K PATEL,
DIRECTOR
S/O KANTIBHAI PATEL
AGED ABOUT 52 YEARS
R/A SHRI KRISHNA KRIPA,
ALAKE, MANGALORE-575 003.
33. MAHALAKSHMI TIMBER & SAW MILLS,
No.275/10, NEW TIMBER
YARD LAYOUT, MYSORE ROAD,
BENGALURU-560 026
REP. BY ITS PARTNER
SHRI NARSILAL.R. PATEL
S/O RAJABHAI M PATEL
AGED ABOUT 57 YEARS,
R/A No.626/E, 1ST "C" MAIN,
VIJAYANAGAR 2ND STAGE,
BANGALORE - 560 040.
34. SHRI NARSILAL. R. PATEL, PARTNER
S/O RAJABHAI M PATEL,
AGED ABOUT 57 YEARS,
R/A NO.626/E, 1ST 'C' MAIN
VIJAYANAGAR 2ND STAGE,
BENGALORE-560 040.
35. HUNSUR PLYWOOD WORKS
PRIVATE LIMITED
POST BOX No.2, B.M.ROAD
HUNSUR-571105
14
REP. BY ITS DIRECTOR
SHRI MOIZ S VAGH
S/O SAIFUDDIN M.A.VAGH
AGED ABOUT 77 YEARS
R/A No.108, 8TH MAIN,
JAYALAKSHMIPURAM,
MYOSRE-571 112.
36. SHRI MOIZ S VAGH
S/O SAIFUDDIN M.A. VAGH
AGED ABOUT 77 YEARS
R/A No.108, 8TH MAIN,
JAYALAKSHMIPURAM,
MYSORE-571 112.
37. PYRAMID TIMBER ASSOCIATES
PRIVATE LIMITED
SURVEY NO.193/2, AND 194,
MYSORE-HUNSUR ROAD,
YELWAL, MYSORE-571 130
REP. BY ITS DIRECTOR
SHRI MOIZ S VAGH
S/O SAIFUDDIN M.A. VAGH
AGED ABOUT 77 YEARS
R/A No.108, 8TH MAIN,
JAYALAKSHMIPURAM,
MYSORE-571112.
38. KALPANA TIMBER DEPOT
SITE No.23, NMPT TIMBER YARD,
PANAMBUR,
MANGALORE-575 010
REP. BY ITS PARTNER
SHRI NILESH K SHAH,
S/O SHRI. KANTILAL M. SHAH
AGED ABOUT 50 YEARS,
15
R/A No.80, RITHERDON ROAD,
VEPERY, CHENNAI-600 007.
39. SHRI NILESH K SHAH PARTNER
S/O SHRI. KANTILAL M. SHAH
AGED ABOUT 50 YEARS
R/A No.80, RITHERDON ROAD,
VEPERY, CHENNAI-600 007.
40. VELANI SAW MILL
No.9./1-B, OPP L & T FACTORY & GKVK,
BELLARY ROAD, BYATARAYANAPURA,
YELAHANKA, BENGLAURU-560 092
REP. BY ITS PARTNER
SHRI PURUSHOTTAM.L.PATEL
S/O L.A. PATEL,
AGED ABOUT 44 YEARS,
R/A NO.222, AMRUTHALLI MAIN ROAD,
TALACAUVERY LAYOUT,
BENGALURU-560 092.
41. SHRI PURUSHOTTAM. L. PATEL,
PARTNER, S/O L.A. PATEL
AGED ABOUT 44 YEARS,
R/A NO.222, AMRUTHALLI MAIN ROAD,
TALACAUVERY LAYOUT,
BENGALURU-560 092.
42. MARUTHI SAW MILL
BELLARY ROAD, OPP G.K.V.K
BYATARAYANAPURA,
BENGLAURU-560 092
REP. BY ITS PARTNER
SHRI VISHRAM PATEL
S/O LALJI D PATEL
AGED ABOUT 60 YEARS
16
R/A AASHIRWAD, NO.17&18,
SURVERY NO 5/4,
BEHIND SBI, AMRUTHALLI,
BANGALORE-560 092.
43. SHRI VISHRAM PATEL
S/O LALJI D PATEL
AGED ABOUT 60 YEARS,
R/A AASHIRWAD, NO.17&18,
SURVEY NO 5/4,
BEHIND SBI, AMRUTHALLI,
BANGALORE-560 092.
44. ANAND TIMBERS
BELLARY ROAD (HYDERABAD ROAD)
OPP G.K.V.K. BYATARANAYAPURA,
BENGALURU-560 092
REP. BY ITS PARTNER
SHRI PANKAJ PATEL,
S/O PURUSHOTTAM SAMJI PATEL
AGED ABOUT 29 YEARS
R/A 1062/1063, ABOVE
ANAND TIMBER AND PLYWOOD,
DR. AMBEDKAR MEDICAL COLLEGE ROAD,
KAVALABYRASANDRA, R.T. NAGAR POST,
BENGALURU-560 032.
45. SHRI PANKAJ PATEL
S/O PURUSHOTTAM SAMJI PATEL,
AGED ABOUT 29 YEARS,
R/A 1062/1063, ABOVE
ANAND TIMBER AND PLYWOOD,
DR. AMBEDKAR MEDICAL COLLEGE ROAD,
KAVALABYRASANDRA,
R.T. NAGAR POST
BENGALURU-560 032.
17
46. BHAGWATI TIMBERS
#9/1B, B.B. ROAD, OPP G.K.V.K.
BYATARANAYANAPURA,
BENGALURU-560 092
REP. BY ITS PARTNER
SHRI LAKHAMSI PATEL
S/O RAJA PATEL
AGED ABOUT 50 YEARS,
R/A DOOR NO.3, KHB COLONY,
2ND FLOOR, 7TH CROSS,
GANDHINAGAR, YELAHANKA,
BENGALURU-560 064.
47. SHRI LAKHAMSI PATEL, PARTNER
S/O RAJA PATEL,
AGED ABOUT 50 YEARS,
R/A DOOR NO.3, KHB COLONY,
2ND FLOOR, 7TH CROSS,
GANDHINAGAR, YELAHANKA,
BENGALURU-560 064.
48. UMIYA WOOD INDUSTRIES
NO.95, NEW TIMBER YARD LAYOUT,
MYSORE ROAD, BANGALORE-560026
REPRESENTED BY ITS PARTNERS,
SHRI JAIKUMAR, S/O DILIP M PATEL,
AGED ABOUT 28 YEARS,
R/A NO.165, 6TH CROSS,
BAPUJI LAYOUT, CHANDRA LAYOUT,
VIJAYANAGAR, BANGALORE-560 040.
49. SHRI JAIKUMAR
S/O DILIP M PATEL,
AGED ABOUT 28 YEARS
R/A NO.165, 6TH CROSS,
18
BAPUJI LAYOUT, CHANDRA LAYOUT,
VIJAYANAGAR, BANGALORE-560040.
... PETITIONERS
(BY SMT. SWAMINI GANESH A/W
SRI B R. SRIVATSA, ADVOCATES FOR
SRI SANDEEP PATIL, ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF AGRICULTURE,
DEPARTMENT OF AGRICULTURE
AND COOPERATION,
KRISHI BHAVAN,
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE AND STORAGE,
N.H-IV.FARIDABAD,
HARAYANA-121 001.
3. THE PLANT PROTECTION OFFICER (WS)
PLANT QUARANTINE STATION,
PLOT No.323/F/1, KIADB,
INDUSTRIAL AREA, BAIKAMPADY,
MANGALORE-575 011.
... RESPONDENTS
(BY SMT.H R ANITHA, CGC FOR R1-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DECLARE THAT THE IMPOSING OF
INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
19
QUARANTINE ORDER (REGULATION OF IMPORT INTO
INDIA) ORDER 2003 (VIDE ANNEXURE-B) ON THE TIMBER
IMPORTED FROM OTHER COUNTRIES IS WITHOUT
AUTHORITY OF LAW AND ETC.
IN W.P.No.33285/2016
BETWEEN:
U.K.MONU TIMBERS
NH 66, KALLAPU, POST PEMANNUR
MANGALORE - 575 017
REPRESENTED BY ITS
MANAGING PARTNER
U.K.MONU. ...PETITIONER
(BY SRI ZULFIKIR KUMAR SHAFI, ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE,
DEPARTMENT OF AGRICULTURE
& COOPERATION, KRISHI BHAVAN
NEW DELHI-110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H.IV, FARIDABAD
HARYANA-121 001.
3. THE PLANT PROTECTION OFFICER (WS)
PLANT QUARANTINE STATION
PLOT No.323/F/1,KIADB
INDUSTRIAL AREA, BAIKAMPADY
20
MANGALORE-575 011. ... RESPONDENTS
(BY SMT.H R ANITHA, CGC FOR R1-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DIRECTION THAT THE IMPOSING OF
INSPECTION FEE UDNER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO
INDIA) No.1037 DATED 18.11.2003 (VIDE ANNEX-C) ON THE
TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT
AUTHORITY OF LAW AND ETC.
IN W.P.No.33281/2016
BETWEEN:
M/S. KANACHUR SEASONING INDUSTRIES
NH 66, KALLAPU, POST PEMANNUR
MANGALORE-575 017
REPRESENTED BY ITS
MANAGING PARTNER
U.K MONU.
... PETITIONER
(BY SRI ZULFIKIR KUMAR SHAFI, ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE,
DEPARTMENT OF AGRICULTURE
& COOPERATION, KRISHI BHAVAN
NEW DELHI-110 001.
21
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H.IV, FARIDABAD
HARYANA-121 001.
3. THE PLANT PROTECTION OFFICER (WS)
PLANT QUARANTINE STATION
PLOT No.323/F/1,KIADB
INDUSTRIAL AREA,
BAIKAMPADY
MANGALORE-575 011.
... RESPONDENTS
(BY SMT.H R ANITHA, CGC FOR R1-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DIRECT THAT THE IMPOSING OF INSPECTION
FEE UDNER SCHEDULE IX OF THE PLANT QUARANTINE
ORDER (REGULATION OF IMPORT INTO INDIA) No.1037
DATED 18.11.2003 VIDE ANNEX-C ON THE TIMBER
IMPORTED FROM OTHER COUNTRIES IS WITHOUT
AUTHORITY OF LAW AND ETC.
IN W.P.No. 5417/2018
BETWEEN:
ASHOK TIMBER TRADING COMPANY
REGISTERED OFFICE AT:2751/1
MYSURU ROAD, N.T.Y. LAYOUT
BENGALURU - 560 026.
REPRESENTED BY ITS PARTNER:
SRI KISHORE PATEL
AGED ABOUT 57 YEARS. ...PETITIONER
22
(BY SRI Y RAJENDRA PARASAD SHETTY, ADV. .-ABSENT)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE
DEPARTMENT OF AGRICULTURE.
& COOPERATION
KRISHI BHAVAN
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H-IV, FARIDABAD
HARAYANA - 121 001.
3. THE PLANT PROTECTION OFFICER(WS)
PLANT QUARANTINE STATION
PLOT No.323/F/1, KIADB
INDUSTRIAL AREA, BAIKAMPADY
MANGALURU - 575 011.
4. THE OFFICER IN CHARGE
PLANT QUARANTINE STATION
HEBBALA BHOOPSANDRA ROAD
HAFARM POST, BENGALURU - 560 024.
... RESPONDENTS
(BY SMT. H.R.ANITHA, CGC FOR R1 -4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DECLARE THAT THE IMPOSING OF
INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO
23
INDIA) ORDER 2003 (VIDE ANNEX-B) DATED 18.11.2003 ON
THE TIMBER IMPORTED FROM OTHER COUNTRIES IS
WITHOUT AUTHORITY OF LAW AND ETC.
IN W.P.No. 5418/2018
BETWEEN:
SRI DURGA EXPORTS
REGISTERED OFFICE AT No.14/2
MURUKANAHALLI POST
HONNENAHALLI VILLAGE
SHILANERE HOBLI,
K..R.PETE TALUK
MANDYA - 571 426.
STATE OF KARNATAKA. ...PETITIONER
(BY SRI Y RAJENDRA PARASAD SHETTY, ADV.-ABSENT)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE
DEPARTMENT OF AGRICULTURE.
& COOPERATION
KRISHI BHAVAN
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H-IV, FARIDABAD
HARAYANA - 121 001.
3. THE PLANT PROTECTION OFFICER(WS)
PLANT QUARANTINE STATION
24
PLOT No.323/F/1, KIADB
INDUSTRIAL AREA, BAIKAMPADY
MANGALURU - 575 011.
4. THE OFFICER IN CHARGE
PLANT QUARANTINE STATION
HEBBALA BHOOPSANDRA ROAD
HAFARM POST, BENGALURU - 560 024.
... RESPONDENTS
(BY SMT. H.R.ANITHA, CGC FOR R1 -4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DECLARE THAT THE IMPOSING OF
INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO
INDIA) ORDER 2003 (VIDE ANNEX-B) DATED
18.11.2003/KARTIKA 27, 1925 ON THE TIMBER IMPORTED
FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF
LAW AND ETC.
IN W.P.No.42989/2017
BETWEEN:
SWADESH ASSOCIATES
HAVING ITS OFFICE AT ZUBEDA
KASSAM FARMS, P.O.KALHE
BARAPAD TALUKA PANVEL
DIST. RAIGAD-410 206
AND No.85, VICTORIA ROAD
MUSTAFA BAZAR, BYCULLA
MUMBAI - 400 010.
MAHARASHTRA STATE.
25
ALSO BRANCH OFFICE AT:
PLOT No.12, BEACH ROAD
NEW MANGALORE PORT
PANAMBUR,
MANGALORE - 575 010.
REPRESENTED BY ITS PROPRIETOR:-
SRI ASLAM K MERCHANT
AGED ABOUT 54 YEARS
S/O LATE NOOR MOHAMMED PATANWALA.
...PETITIONER
(BY SRI Y RAJENDRA PARASAD SHETTY, ADV.-ABSENT)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE
DEPARTMENT OF AGRICULTURE.
& COOPERATION
KRISHI BHAVAN
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H-IV, FARIDABAD
HARAYANA - 121 001.
3. THE PLANT PROTECTION OFFICER(WS)
PLANT QUARANTINE STATION
PLOT No.323/F/1, KIADB
INDUSTRIAL AREA, BAIKAMPADY
MANGALURU - 575 011.
4. THE OFFICER IN CHARGE
26
PLANT QUARANTINE STATION
HEBBALA BHOOPSANDRA ROAD
HAFARM POST, BENGALURU - 560 024.
... RESPONDENTS
(BY SMT. H.R.ANITHA, CGC FOR R1 -4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DECLARE THAT THE IMPOSING OF
INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO
INDIA) ORDER 2003 (VIDE ANNEX-B) VIDE No.1037, DATED
18.11.2003/KARTIKA 27, 1925 ON THE TIMBER IMPORTED
FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF
LAW AND ETC.
IN W.P.No.48459/2018
BETWEEN:
M/S.MAK PLYWOOD INDUSTRIES
PRIVATE LIMITED, KUNJATHUR
PADAVU, POST KUNJATHUR
MANJESHWAR - 671 323
KASARGOD DISTRICT - KERALA.
REPRESENTED BY
SRI MAHESH V
MANAGER OPERATIONS
S/O VENKATAIAH G
AGED ABOUT 39 YEARS
R/AT 640, 10TH 'B' MAIN ROAD
3RD STAGE, 4TH BLOCK
BASAVESHWARNAGAR
BENGALURU - 560 079. ...PETITIONER
27
(BY SMT. SWAMINI GANESH A/W
SRI R B SRIVATSA ADVOCATES FOR
SRI SANDEEP PATIL, ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE
DEPARTMENT OF AGRICULTURE.
& COOPERATION
KRISHI BHAVAN
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H-IV, FARIDABAD
HARAYANA - 121 001.
3. THE PLANT PROTECTION OFFICER(WS)
PLANT QUARANTINE STATION
PLOT No.323/F/1, KIADB
INDUSTRIAL AREA, BAIKAMPADY
MANGALURU - 575 011.
... RESPONDENTS
(BY SMT. M C NAGASHREE, CGC FOR R1 -3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DECLARE THAT THE IMPOSING OF
INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO
INDIA) ORDER 2003, DATED 18.11.2003 (VIDE ANNEXURE -
28
C) ON THE TIMBER IMPORTED FROM OTHER COUNTRIES
IS WITHOUT AUTHORITY OF LAW AND ETC
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT PASSED THE FOLLOWING;
ORDER
Sri. Y. Rajendra Prasad, learned counsel for petitioners, absent.
Smt. H.R. Anitha, learned Central Government Council for respondents.
Heard. Perused the records.
2. In these writ petitions filed under Articles 226 and 227 of the Constitution of India the petitioners inter alia have assailed the validity of the respondent in imposing the inspection fee under Schedule IX of the Plant Quarantine Order (Regulation of Import into India) Order 2003 vide order dated 18.11.2003 on the timber imported from other countries as well as the validity of the respondents to impose 29 penalty which is quantified at five times of the normal applicable inspection fee in terms Clause 14(2) of the Plant Quarantine Order (Regulation of Import into India) Order 2003.
3. When the matter was taken up today, learned counsel for petitioners, after arguing the matter to some extent seeks leave of this Court to withdraw the writ petitions with a liberty to assail the constitutional validity of the Destructive Insects and Pests (Amendment and Validation) Act, 1992.
4. In view of the aforesaid submission, the writ petitions are disposed of with liberty to the petitioners to challenge the validity of the aforesaid Act as well as validity of Schedule IX of the Plant Quarantine Order. Needless to state that in case the petitioners file a writ petition within a period of two weeks from today, the interim order granted on earlier occasion shall continue.
30
With the aforesaid direction, the petitions stand disposed of.
Sd/-
JUDGE.
LRS.
Ct.sm