Karnataka High Court

M/S Shemeta Agri Tech Pvt Ltd vs State Of Karnataka on 7 June, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                       NC: 2024:KHC:19999
                                                   WP No. 14664 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 7TH DAY OF JUNE, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                       WRIT PETITION NO. 14664 OF 2024 (GM-RES)
             BETWEEN:

             M/S. SHEMETA AGRI TECH PVT. LTD.,
             D.NO.20/C, I.P. PHASE-III
             PASHAMY IARAM ISNAPUR
             SANGAREDDY DIST - 502307
             TELANGANA STATE.

             (REGISTERED UNDER KARNATAKA
             COMMERCIAL SHOPS AND ESTABLISHMENT ACT)
             BY ITS MANAGING DIRECTOR
             MADHAV.
                                                            ...PETITIONER
             (BY SRI. R.B.SANGAMESH, ADVOCATE)
             AND:

             1.   STATE OF KARNATAKA
                  DEPT. OF AGRICULTURE
Digitally         MS BUILDING, VIDHANA VEEDHI,
signed by         BENGALURU -01
Vandana S
                  REPRESENTED BY ITS
Location:
HIGH COURT        PRINCIPAL SECRETARY.
OF
KARNATAKA
             2.   THE COMMISSIONER AND
                  DIRECTOR OF AGRICULTURE
                  OFFICE OF DIRECTOR OF AGRICULTURE
                  SESHADRI ROAD,
                  BENGALURU 560 001.

             3.   THE JOINT DIRECTOR
                  O/O JOINT DIRECTOR OF AGRICULTURE,
                  SESHADRI ROAD,
                                       -2-
                                                    NC: 2024:KHC:19999
                                                 WP No. 14664 of 2024




     BENGALURU- 01

4.   INSECTICIDE INSPECTOR AND AGRICULTURE OFFICER
     DEPT. OF AGRICULTURE
     BENGALURU DISTRICT
     SESHADRI ROAD
     BENGALURU 560001.
                                         ...RESPONDENTS

(BY SRI.K.S.HARISH, AGA)

      THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 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 AND TO STRICTLY FOLLOW THE
GOVERNMENT ORDER DATED 23.2.2021, BEARING NUMBER SO
882(E), WHICH IS EXTENDED UPTO AUG.2025 (ANNEXURE-A) AND
ETC.,

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                                     ORDER

In this petition the petitioner seeks 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 I the schedule hereunder, otherwise then in accordance with law and to strictly follow the Government Order dated 23.02.2021, bearing number SO 882(E), which is extended upto Aug.2025 (Annexure-D).

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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."

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 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 the

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 (Annexure-F)

* Corrected vide Chamber order dated: 21.06.2024.

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places reliance upon an 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

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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

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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

(Annexure-F)

* Corrected vide Chamber order dated: 21.06.2024.

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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 -