M/S Atlantis Crop Sciences vs State Of Karnataka on 23 October, 2020

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Karnataka High Court

M/S Atlantis Crop Sciences vs State Of Karnataka on 23 October, 2020

Bench: P.S.Dinesh Kumar

                          1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF OCTOBER, 2020

                       BEFORE

       THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR


       WRIT PETITION No.11926/2020 (GM-RES)

BETWEEN:

M/S ATLANTIS CROP SCIENCES,
1st FLOOR SY NO.196, 197,200,
5-9-287/36, PLOT NO.36,
RAJIV GANDHI NAGAR,
MOOSAPET, KUKATPALLY,
HYDERABAD,
MEDCHAL, MALKAJGIRI,
TELANGANA - 500 072.
REPRESENTED BY PROPRIETOR
SRI KRISHNA MOHAN KOMATINENI
                                        ...PETITIONER

(BY SHRI SANGAMESH R.B., ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       DEPARTMENT OF AGRICULTURE,
       REPRESENTED BY SECRETARY,
       VIKASA SOUDHA,
       BANGALORE - 01.

2.     THE DIRECTOR,
       DEPARTMENT OF AGRICULTURE,
       SHESHADRI ROAD,
       BANGALORE - 01.
                           2


3.   OFFICE OF THE,
     JOINT DIRECTOR OF AGRICULTURE,
     BANGALORE - 01.

4.   INSECTICIDE INSPECTOR,
     AND AGRICULTURE OFFICER,
     BANGALORE DISTRICT,
     BANGALORE - 560 001.
                                     ... RESPONDENTS

(BY SMT. NILOFUR AKBAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE CIRCULAR DATED 11.09.2019 ISSUED BY
THE   RESPONDENTS    (ANNEXURE-F);   DIRECT  THE
RESPONDENTS    NOT   TO    INTERFERE   WITH  THE
MANUFACTURE, STOCKING, DISTRIBUTION AND SALES OF
THE BIO PRODUCTS / BIO NATURAL PRODUCTS / BIO-
STIMULANTS       MANUFACTURED/PACKED         AND
DISTRIBUTED/SOLD BY THE PETITIONER.


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THROUGH VIDEO CONFERENCE, THE
COURT MADE THE FOLLOWING:-

                      ORDER

Petitioner claims to be manufacturer of Bio- natural products. Its grievance is that Insecticide Inspectors, who have no jurisdiction to inspect the Bio-natural products, are interfering with manufacture and sale of products manufactured by petitioner. 3

2. Shri Sangamesh, learned advocate for petitioner submitted that in similar circumstances, this Court has passed orders directing respondents not to interfere with petitioner's manufacture and sale of Bio- natural products unless there is any contravention of the provisions of the Insecticides Act.

3. Shri Sangamesh and Smt. Nilofur Akbar, learned AGA agree that the subject matter of this petition is similar to the subject matter in W.P. No.50453/2019 decided on 8th November 2019.

4. The submission of learned advocates is placed on record. In the circumstance, writ petition is disposed of directing the respondents not to interfere with the manufacture, stocking, distribution and sales of Bio Natural products manufactured/packed and distributed/sold by the petitioner as per the schedule in the present writ petition. However, it is needless to 4 observe that it is always open for the respondents/appropriate authorities to take action against the petitioner in case of any contravention of the provisions of the Insecticides Act by the petitioner after following procedure and in accordance with law.

With these observations, writ petition is disposed of.

In view of disposal of the petition, I.A.No.1/2020 for dispensation also stands disposed of. No costs.

Sd/-

JUDGE PB

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