Karnataka High Court
M/S German Organics vs State Of Karnataka on 10 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:20245
WP No. 10409 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 10409 OF 2024 (GM-RES)
BETWEEN:
M/S GERMAN ORGANICS
REP BY PROPRIETOR,
SMT. P. VANJA LAKSHMI W/O P SHIVRAMI REDDY
AGED ABOUT 39 YEARS
R/AT D NO 1/9, RAVULAPALLE (VILLAGE AND MANDAL)
CUDDAPAH DISTRICT - 516203 A.P.
FACTORY AT: D NO 1154/7/3-1,
MADINAGUDA, SHERILINGAMPALLYM,
HYDERABAD - 500019
MEDCHAL MALKAJGIRI DISTRICT
TELANGANA
STATE SALE POINT ALSO AT
M/S GERMAN ORGANICS
NO 5/1, 10TH CROSS, E STREET
NEAR SESHADRIPURAM COLLEGE,
MAGADI ROAD,
BANGALORE - 560023
Digitally
signed by (REGISTERED UNDER SHOPS AND
Vandana S COMMERCIAL ESTABLISHED ACT).
Location: ...PETITIONER
HIGH COURT (BY SRI. SANGAMESH R B.,ADVOCATE)
OF
KARNATAKA AND:
1. STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE,
M S BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER AND DIRECTOR OF AGRICULTURE
OFFICE OF DIRECTOR OF AGRICULTURE,
DEPARTMENT OF AGRICULTURE,
SESHDARI ROAD
BENGALURU - 560 001.
-2-
NC: 2024:KHC:20245
WP No. 10409 of 2024
3. THE JOINT DIRECTOR
O/O JOINT DIRECTOR OF AGRICULTURE
DEPARTMENT OF AGRICULTURE
SESHADRI ROAD
BENGALURU - 01.
4. INSECTICIDE INSPECTOR AND AGRICULTURE OFFICER
BENGALURU DISTRICT,
SESHADRI ROAD
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT 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 THEN IN ACCORDANCE WITH LAW AS PER
GOVERNMENT ORDER DTD. 23.02.2021 BEARING NUMBER SO 882(E)
ANNX-E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner has sought for the following reliefs:-
" i) Issue a writ in the nature of mandamus, 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 then in accordance with law as per Government Order dated:
23.02.2021, bearing number SO 882(E) Annexure-E.
ii) Issue such other direction as this Hon'ble Court may deems fit, under the circumstances of the case, in the interest of justice and equity."-3-
NC: 2024:KHC:20245 WP No. 10409 of 2024
2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that under identical circumstances, the Hon'ble High Court for the State of Telangana at Hyderabad has disposed of the petitions filed by other manufacturers, who are similarly situated in the case of M/s.
Sree Kisan Seva Kendram Vs. The State of Telangana and another - W.P.No.4494/2024 dated 21.02.2024 and the present petition also may be disposed of in the above terms.
4. Per contra, learned AGA for the respondents submits that there is no merit in the petition and the same is liable to be dismissed.
5. As rightly contended by the learned counsel for petitioner under identical circumstances in relation to and arising out of Government Order dated 23.02.2021, the Hon'ble High Court for the State of Telangana at Hyderabad in the case of M/s. Sree Kisan Seva Kendram Vs. The State of Telangana and another -
W.P.No.4494/2024 dated 21.02.2024 places reliance upon an -4- NC: 2024:KHC:20245 WP No. 10409 of 2024 earlier order passed in W.P.No.48/2021 and batch dated 07.09.2021 and disposed of the petition by issuing several directions as hereunder:
"This writ petition has been filed by the petitioner seeking the following relief:
"...to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with manufacturing, sale and distribution of bio- products/bio-stimulants of petitioner-Firm, viz., Devalap, Glory, Protect, Neem, Karintan, Mustard, Ultra, Victary, Platinam, Trigger, Hunter, Sharp, Dark, Flower, Rizer, Trend, Global, Miracle, S-Power, Defend, Smart, Cure, Booster, Attacker, Roundup, Saaf, Confidor, Super, Nano Dap, Trend Setter, Mega Power, Cobra, Fung Clean, Cotton Gold, Cotton Care, Cotton Master, Block Buster, Timber, Ultimate, Crop Care, Royal Gold, Royal Plus, Chilli Master, Chilli Doctor, Nano Booster, Nano Mircale, Power, Bheem, Mega Safari, All in One, Covera, Daypro Alta, Doctors, Raksha, Tarun, Multi Care, Multi Protect, Multi Power, Amrut and Amrut Plus, by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and Letter No.PP.II(1)2085/2005, dated 21.01.2006, and in the absence of notification prescribing the standards, as being illegal, arbitrary, unconstitutional, and direct the 2nd respondent not to interfere with in any manner in selling and distribution of bio-products/bio-stimulants including from the licensed premises of the dealers/stockists under the Insecticides Act,1968 and the Fertilizers Control (Order) Act 1985".
2. Heard learned counsel for the -5- NC: 2024:KHC:20245 WP No. 10409 of 2024 petitioner and learned Government Pleader for Agriculture appearing for the respondents.
3. It is submitted by learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P.No.25293 of 2014 and batch, dated 10.07.2015, as modified by the Division Bench in W.A.Nos.1122 and 1136 of 2016, dated 03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2021 and batch vide common order dated 07.09.2021, held as under:-
"11. In view thereof, the Writ Petitions are disposed of, granting liberty to the petitioners to make applications in compliance with the requirement of Clause 5 of the order of the Government of India, bearing No.S.O.882 (E), dated 23.03.2021, within two (02) weeks from the date of receipt of copy of this order. If such applications are made within the time stipulated above, the competent authority shall process the same and if satisfied, to issue provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter.
12. It is made clear that the competent authority is entitled to collect samples in compliance of Part-C of the order dated 23.02.2021 and test the compatibility of the products meeting the parameters to be marketed 2 as bio-nutrients, before granting the provisional Certificate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bio-nutrient with the object of helping the -6- NC: 2024:KHC:20245 WP No. 10409 of 2024 farmer to develop high cellulose and resistance power in the plants meets the parameters to qualify as a bio-nutrient. The petitioners shall co-operate in drawing the samples. Until the exercise as directed above, is completed, subject of course to petitioners submitting applications within the time stipulated above and in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Government of India, petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021. However, it is always open to the competent authority to verify whether the products manufactured and distributed by the petitioners are in compliance with the statutory requirements and take action as warranted by law".
4. In terms of the afore stated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous
applications, if any, pending in the Writ
Petition shall stand closed."
6. Under these circumstances, I deem it just and appropriate to dispose of this petition in terms of the order passed by the Hon'ble High Court for the State of Telangana at Hyderabad in the case of M/s. Sree Kisan Seva Kendram Vs. The State of Telangana and another - W.P.No.4494/2024 dated 21.02.2024.
-7-NC: 2024:KHC:20245 WP No. 10409 of 2024
7. In the result, I pass the following:
ORDER The writ petition is hereby allowed and disposed of in terms of the judgment of the Hon'ble High Court for the State of Telangana at Hyderabad in the case of M/s. Sree Kisan Seva Kendram Vs. The State of Telangana and another -
W.P.No.4494/2024 dated 21.02.2024.
Sd/-
JUDGE Srl.