M/S Rigved Scientific Organics vs State Of Karnataka on 17 September, 2019

[Cites 3, Cited by 0]

Karnataka High Court

M/S Rigved Scientific Organics vs State Of Karnataka on 17 September, 2019

Bench: Alok Aradhe

                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

 DATED THIS THE 17TH DAY OF SEPTEMBER 2019

                        BEFORE
      THE HON'BLE MR. JUSTICE ALOK ARADHE

     WRIT PETITION NO.42736 OF 2019 (GM-RES)

Between:

M/s Rigved Scientific Organics
No 24, Industrial Estate,
Lokikere Road,
Davangere
Karnataka - 577004
Represented by its Proprietor
Sri M S Hemanthakumar.
                                       ... Petitioner
(By Sri. Sangamesh R.B., Advocate)

And:

1.     State of Karnataka
       Department of Agriculture
       Rep by its Secretary,
       Vikasa Soudha
       Bengaluru - 560 001.

2.     The Director
       Department of Agriculture,
       Sheshadri Road,
       Bengaluru- 560001.

3.     Office of the
       Joint Director of Agriculture
       Bengaluru - 560 001.
                                2



4.    Insecticide Inspector
      and Agricultural Officer,
      Davanagere District,
      Davangere - 577 004.
                                          ... Respondents
(By Sri. Vijay Kumar A. Patil, AGA)

      This Writ Petition is filed under Articles 226
and 227 of the Constitution of India, praying to
direct the respondents not to interfere with the
manufacture, stocking, distribution and sales of the
Bio/Natural products manufactured/packed and
distributed/sold by the petitioner.

      This Writ Petition coming on for Orders, this
day, the Court made the following:-

                          ORDER

Sri. Sangamesh R. B., learned counsel for the petitioner.

Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.

The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.

2. In this petition, the petitioner inter alia assailed the validity of the Circular dated 3 28.08.2013 contained in Annexure-D to the petition and seeks for issue of writ of mandamus to direct the respondents not to interefere with the manufacture/stocking, distribution and sales of Bio Products manufactured and distributed/sold by the petitioner.

3. The petitioner claims to be the manufacturer of Bio Products mentioned in the schedule annexed to the petition. The grievance of the petitioner is that in view of the impugned Circular, action is being taken against the petitioner without basis. In fact, the issue relating to such action being initiated had arisen for consideration in Writ Petition No.45191/2014 which was disposed of on 13.10.2014. This Court on taking note of a similar situation had indicated that the action proposed is only if there is any contravention of the Insecticides Act, 1968 and not otherwise. 4

4. Therefore, in such circumstance, if the petitioner is manufacturing the said Bio Products, no action could be taken against them unless the respondents find violation of any of the provisions of the Insecticides Act. Therefore, in the instant case also, it is open to the respondents to take action in accordance with law only if there is contravention of the Insecticides Act and not otherwise on a random or general basis.

5. Needless to state that schedule shall be read as part of the petition.

With the said direction, the writ petition is disposed of.

Sd/-

JUDGE Mds/-

Unlock Advanced Research with PRISMAI

Karnataka High Court