Bombay High Court
A. K. Enterprises, Nagpur, ... vs The Union Of India, New Delhi, Thr. ... on 29 June, 2016
Bench: Z.A. Haq
1 wp2404.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2404/2016
A.K. Enterprises, Nagpur,
a Proprietary Firm,
through its Proprietor,
Shri Saurabh S/o Ashwinikumar Kholi,
R/o 144, Gayatri Colony, Netaji
Nagar, Nagpur 440 035. ..Petitioner.
..VS..
1. The Union of India,
through Secretary, Department of
Agriculture, Co-operation and Farmers
Welfare, Krishi Bhavan, New Delhi.
2. The Plant Protection Advisor,
Directorate of Plant Protection,
Quarantine and Storage NH-IV,
Faridabad (Haryana) 121 001.
e-mail : [email protected]
3. The Assistant Director (E),
Plant Quarantine Station,
CIPMC, Nagpur having office
at Central Administrative Building
2nd Floor, Civil Lines, Nagpur - 440 001.
e-mail : [email protected] ..Respondents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shri F.T. Mirza, Advocate for the petitioner.
Ms. Mugdha R. Chandurkar, Central Govt. Standing Counsel for the respondents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : Z.A.HAQ, J.
DATED : 29.6.2016.
ORAL JUDGMENT
1. Heard Shri F.T. Mirza, Advocate for the petitioner and Ms. Mugdha R.
Chandurkar, Central Govt. Standing Counsel for the respondents.
2 wp2404.16
2. Rule. Rule made returnable forthwith.
3. The petitioner has come up with the grievance that the orders passed by the
respondent No.2 on 21st October, 2015 and 16 th November, 2015 are bad in law. The
learned Advocate for the petitioner has made several submissions to assail the order.
Without adverting to all the challenges, the petition can be disposed on the ground
that the impugned orders are bad in law as they are passed without hearing the
petitioner.
The learned Central Government Standing Counsel has pointed out the copy
of communication issued on 12th February, 2016 by the under Secretary to the
Government of India, Ministry of Agriculture and Farmers Welfare Department of
Agriculture, Co-operation and Farmers Welfare stating that the decision is taken by
the competent authority to take action against the petitioner. The learned Advocate
for the petitioner has submitted that before taking such decision the petitioner is not
granted hearing.
4. In the above facts, to sub-serve the ends of Justice, following order is passed:
(i) The impugned orders dated 21 st October, 2015 and 16th November, 2015 are
set aside.
(ii) Communication issued by the under Secretary to the Government of India,
Ministry of Agriculture and Farmers Welfare Department of Agriculture, Co-operation
and Farmers Welfare dated 12th February, 2016 is quashed.
(iii) The consequential communications/actions based on the impugned orders
and above communication dated 12th February, 2016 are also quashed.
3 wp2404.16
(iv) The matter is remitted to the respondent No.1 for taking decision afresh in
the matter.
(v) The petitioner shall appear before the competent Authority on 8 th July, 2016
and abide by further instructions/orders in the matter.
(vi) The competent authority shall take decision in the matter and communicate
it to the petitioner till 28th July, 2016.
(vii) The petition is disposed in the above terms.
(viii) In the circumstances, the parties to bear their own costs.
ig
JUDGE
Tambaskar.
