Karnataka High Court
Bharatkumar Patel And Company vs Union Of India on 27 August, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NO.24917/2018(GM-RES)
C/W WRIT PETITION NO.24919/2018(GM-RES)
C/W WRIT PETITION NOs.12617-12618/2018(GM-RES)
C/W WRIT PETITION NO.24918/2018(GM-RES)
IN W.P.NO.24917/2018
BETWEEN :
BHARATKUMAR PATEL & COMPANY
205-206, 2ND FLOOR POINEER TOWERS
MARINE DRIVE
COCHIN, KERALA
PIN-682031
REPRESENTED BY ITS PARTNER
SRI VINOD BABULAL PATEL
S/O BABULAL PRANLAL PATEL
AGED ABOUT 51 YEARS,
ALSO BRANCH OFFICE AT
PLOT NO.12, NEAR BEACH ROAD,
NEW MANGALURU FORT TRUST
PANAMBUR
MANGALURU-575010 (D.K.)
STATE OF KARNATAKA ... PETITIONER
(BY SRI Y RAJENDRA PRASAD SHETTY, ADVOCATE)
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE
2
DEPARTMENT OF AGRICULTURE
& COOPERATION
KRISHI BHAVAN
NEW DELHI-110 001
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
NH-IV FARIDABAD
HARAYANA-121001
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 SRI H R ANITHA, CGC FOR R1 TO R4)
W.P.NO.24917/2018 IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX
OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT
INTO INDIA) ORDER 2003 (VIDE ANNEXURE-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.24919/2018
BETWEEN:
TIMWOOD TRADING
PLOT NO.11A, BEACH ROAD
PANAMBUR
MANGALURU - 575 010 (D.K)
STATE OF KARNATAKA
3
REPRESENTED BY ITS PROPRIETOR
MOHIT JETHALAL PATEL
S/O JETHALAL MEGHAJI PATEL
AGED ABOUT 25 YEARS ...PETITIONER
(BY SRI Y.RAJENDRA PRASAD, 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
NH-IV FARIDABAD
HARAYANA-121001
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 SRI H R ANITHA, CGC FOR R1 TO R4)
W.P.NO.24919/2018 IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX
OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT
INTO INDIA) ORDER 2003 (VIDE ANNEXURE-B) DATED
4
18.11.2003, ON THE TIMBER IMPORTED FROM OTHER
COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
IN W.P.Nos.12617-12618/2018
BETWEEN
1. SHANTHI VIJAYA SAW MILLS
REPRESENTED BY PARTNER,
MAHENDRA KUMAR S PATEL,
AGED ABOUT 50 YEARS,
SHANTHI VIJAYA SAW MILLS,
342/16, MYSORE ROAD,
BANGALORE-560 026.
2. SANTOSH TIMBERS
REPRESENTED BY PARTNER,
BHARAT KUMAR S PATEL,
AGED ABOUT 48 YEARS,
SANTOSH TIMBERS,
342/18,
MYSORE ROAD,
BANGALORE-560 026. ... PETITIONERS
(BY SRI D.C.DEEPAK, ADVOCATE)
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF AGRICULTURE,
DEPARTMENT OF AGRICULTURE
AND CO OPERATION,
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 (WG)
PLANT QUARANTINE STATION,
5
PLOT NO.323/F/1, KIADB,
INDUSTRIAL AREA,
BAIKAMPADY,
MANGALORE-575 011. ... RESPONDENTS
(BY SMT.H.R.ANITHA, CGC)
W.P.Nos.12617-12618/2018 ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER
SCHEDULE IX OF THE PLANT QUARANTINE ORDER
(REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE
ANNEXURE-B) ON THE TIMBER IMPORTED FROM OTHER
COUNTRIES IS WITHOUT AUTHORITY OF LAW.
IN W.P.No.24918/2018
BETWEEN:
PATEL BABULAL PRANLAL & BROTHERS
OFFICE AT
PLOT NO.12, NEAR BEACH ROAD
NEW MANGALURU FORT TRUST
PANAMBUR
MANGALURU -575 010 (D.K)
STATE OF KARNATAKA
REPRESENTED BY ITS PARTNER
SRI VINOD BABULAL PATEL
S/O BABULAL PRANLAL PATEL
AGED ABOUT 51 YEARS
ALSO AT
POST BOX NO.114, DAJIBENPETH
HUBLI - 580 020
STATE OF KARNATAKA ...PETITIONER
(BY SRI Y.RAJENDRA PRASAD SHETTY, ADVOCATE)
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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
NH-IV FARIDABAD
HARAYANA-121001
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 SRI H R ANITHA, CGC FOR R1 TO R4)
W.P.NO.24918/2018 IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX
OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT
INTO INDIA) ORDER 2003 (VIDE ANNEXURE-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.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
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ORDER
Sri Y.Rajendra Prasad Shetty, learned counsel for the petitioners in W.P.No.24917/18 C/w W.P.24919/18 and W.P.No.24918/18 and Sri D.C.Deepak, learned counsel for the petitioners in W.P.Nos.12617-618/18.
Smt. H.R.Anitha, learned Central Government Counsel for the respondents.
2. Learned counsel for the respondents has filed a memo along with the copy of the order passed by this Court in W.P.Nos.59613-59614/2016 and connected matters decided on 31.07.2019 seeking disposal of these writ petitions also on the same ground. The memo along with the copy of the order is taken on record.
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3. For the reasons assigned in W.P.Nos.59613-59614/2016 and connected matters dated 31.07.2019, these writ petitions are also disposed of on the same terms and similar directions.
Sd/-
JUDGE TL