Green Biotech vs State Of Karnataka
2022 Latest Caselaw 192 Kant

                          1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 5TH DAY OF JANUARY, 2022

                      BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.50127 OF 2019(GM-RES)
BETWEEN:

GREEN BIOTECH,
OFFICE ADDRESS: HILARY PINTO IND.
C K MUDUGUNI VILLAGE,
BALEHONNUR -POST,
N R PURA TALUK,
CHIKKAMAGALUR DISTRICT,
KARNATAKA - 577 112.
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI.NAVEN MISKITH.
                                        ...PETITIONER
(BY SRI. SANGAMESH R B, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
   DEPARTMENT OF AGRICULTURE,
   REP BY SECRETARY,
   VIKASA SOUDHA,
   BANGALORE - 010

2. THE DIRECTOR,
   DEPARTMENT OF AGRICULTURE,
   SHESHADRI ROAD,
   BANGALORE - 01.

3. OFFICE OF THE
   JOINT DIRECTOR OF AGRICULTURE,
   VIKASA SOUDHA,
   AGRICULTURE DEPARTMENT,
   BANGALORE - 01.

4. INSECTICIDE INSPECTOR
   AND AGRICULTURE OFFICER,
   CHIKKAMAGALURE DISTRICT,
   CHIKKAMAGALURE - 577 112.
                                    ... RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)
                              2

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE REPSONDENTS NOT TO INTERFERE WITH THE
MANUFACTURE, STOCKING, DISTRIBUTION AND SALES OF
THE BIO/NATURAL PRODUCTS MANUFACTURED/ PACKED
AND DISTRIBUTED/ SOLD BY THE PETITIONER.

    THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:-

                          ORDER

The essential grievance of the petitioner is against

the alleged interference of respondents in its business

relating to manufacture, stocking, distribution & sale of

certain bio-natural products and their packaging as well.

Learned counsel for the petitioner heavily banks upon

judgment dated 21.10.2016 made by a Coordinate Bench

of this Court in W.P.No.52320/2016 (GM-RES) between

M/S SDC RAMCIDES CROP SCIENCE PVT. LTD., AND

STATE OF KARNATRAKA & OTHERS, in support of his

contention.

2. Learned HCGP Smt. Rashmi Patel on request

having accepted notice for the respondents, opposes the

writ petition contending that the statutory duties of the

officers need to be performed in the best interest of public

keeping the statutory policies of the State and therefore,

relief of the kind cannot be sought for at the hands of Writ

Court. Having so stated, she also fairly submits that if the

petitioner makes an appropriate representation as to why

the authorities should not interfere in the conduct of its

business, there would be no difficulty for considering the

same in accordance with law. She also assures that no

precipitatory action would be taken against the petitioner

till such consideration of representation takes place and

result thereof is communicated to the petitioner; however

she puts a rider that petitioner should make a

representation within two weeks. This is a fair stand

appreciably coming from the State authorities.

In the above circumstances and with the above

observations, this writ petition is disposed off. Costs

having been made easy.

All contentions are kept open.

Sd/-

JUDGE

Bsv