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1] The petitioners "the producers of the cotton seed" have WP.3390.09 challenged the statutes and notifications of the State of Maharashtra (the State) of "price control of cotton seed" in Maharashtra.

2] In W.P. 2207 of 2008 (AICBA v. State of Maharashtra & Ors.), the petitioners challenged the validity of the Maharashtra Cotton Seed (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Ordinance, 2008 (the Ordinance) (published in the official Gazette on 23.05.2008) and Notification dated 23.05.2008 (the notification) fixing the Maximum Retail Price (MRP) of Bt. cotton seeds.

22] The State Legislature has exclusive power to deal with the WP.3390.09 Entry "Agriculture" which certainly covers all and related aspects of agriculturists/farmers and agricultural based products/goods and including "cotton seeds". The Court, therefore, needs to consider when contentions are raised that the Mah. Cotton Seed Act and notifications are inconsistent and/or repugnant to the other Central law/enactments, all the relevant sources and the competency of the State Legislature to compare with the power and authority of Central Legislature. The Concurrent List itself means that the Parliament has permitted and authorized the State, as well as, Centre to enact relevant laws for the "subjects" and/or "fields" with a condition of no repugnancy and/or no inconsistency. In case of conflicts, the Central Act should prevail. However, that is also subject to the assent of President in case of repugnancy as contemplated under Article 254(2). This itself means there is no total bar and/or prohibition to enact laws by the State Legislature to include the field/subject of Concurrent List. The State Legislature has power to enact laws taking note of relevant entries and the conditions, for the people at large, considering the need and necessity of the State at the relevant WP.3390.09 time, especially when there exists no other conflicting Central laws and/or orders. There is no order issued by the Central Government under Section 3(1) and/or 3(2) of the Essential Commodities Act controlling price of BT cotton seeds. The Seeds Act and the Seed Control Order not actively dealt with and nowhere intended to deal with cotton seed pricing and several other issues like the compensation to farmers for misbranding. The Central Government admittedly, though empowered, has not dealt specifically with these aspects covering the intended welfare of the "farmers" and "cotton seed" and related aspects.