Karnataka High Court

Karnataka Timber Importers ... vs Union Of India on 15 January, 2025

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                      WP No. 36006 of 2019




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 15TH DAY OF JANUARY, 2025

                                          BEFORE
                         THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                        WRIT PETITION NO. 36006 OF 2019 (GM-RES)
                 BETWEEN:

                 1.    KARNATAKA TIMBER IMPORTERS ASSOCIATION
                       BEACH ROAD,
                       NEW MANGALORE PORT PANAMUR
                       MANGALORE-575 010.
                       REPRESENTED BY ITS MEMBER.
                       BABULAL V PATEL S/O VALJI GOPAL PATEL.
                       AGED ABOUT 62 YEARS,
                       RA/T NO.1123, DEVAKI NANDAN,
                       RPC LAYOUT, HAMPINAGAR,
                       BENGALURU-560 040.

                 2.    MYSORE TIMBER TRADING COMPANY,
                       NO.5, MYSORE ROAD,
                       NEW TIMBER YARD LAYOUT,
                       BENGALURU-560 026.
                       REPRESENTED BY ITS PARTNER.
                       BABULAL V PATEL S/O VALJI GOPAL PATEL.
Digitally signed by
THEJASKUMAR N          AGED ABOUT 62 YEARS,
Location: High         RA/T NO.1123, DEVAKI NANDAN,
Court of Karnataka     RPC LAYOUT, HAMPINAGAR,
                       BENGALURU-560 040.

                 3.    M/S RANGANI TIMBERS
                       HAVING ITS OFFICE AT NO.80,
                       2ND STAGE, INDUSTRIAL SUBURB,
                       MYSURU SOUTH, MYSURU-570 008.
                       REPRESENTED BY ITS PARTNER,
                       SRI DHEERAJ KUMAR A PATEL.
                       S/O SRI ABJI K PATEL.
                       AGED ABOUT 42 YEARS,
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     R/AT NO.831, 26TH CROSS, 4TH MAIN,
     VIDYARANYAPURA, MYSORE-570 008.

4.   M/S GEETHA TIMBERS,
     HAIVING ITS OFFICE AT NO.42/4,
     2ND STAGE, INDUSTRIAL SUBURB,
     MYSURU SOUTH, MYSURU-570 008.
     REPRESENTED BY ITS PARTNER.
     SRI JAYANTHILAL SHIVAJI PATEL
     S/O SRI SHIVAJI KARSON PATEL,
     AGED ABOUT 44 YEARS,
     R/AT 42/H, 2ND STAGE, INDUSTRIAL SUBURB,
     MYSURU SOUTH, MYSURU-570 008.

5.   K.M.PATEL & COMPANY
     PLOT NO.23, NMPT STOCKYARD,
     PANAMBUR,
     MANGALORE-575 010.
     REP BY ITS PARTNER,
     SRI ANKIT BABULAL PATEL,
     S/O BABULAL RANMAL PATEL.,
     AGED ABOUT 32 YEARS,
     R/AT ASHIRWAD, 1-4/16-RAJAWADI,
     CHS, R.N.GANDHI ROAD, GHATKOPAR (E),
     MUMBAI-400 077.

6.   SAUDAGAR ENTERPRISES
     PLOT NO.27,
     INDUTRIAL AREA CROSS ROAD,
     PANAMBUR,
     MANGALORE-575 010.
     REP BY ITS PARTNER.
     SHRI PAWAR B S,
     S/O SHIVRAM PAWAR,
     AGED ABOUT 65 YEARS,
     R/AT 406, VINAYAKA APARTMENTS LADY HILL
     MANGALORE-575 006.

7.   TRISH IMPEX PRIVATE LIMITED
     TIMBER STOCK YARD,
     PANAMBUR,
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     MANGALORE-575 010,
     REPRESENTED BY ITS DIRECTOR.
     SHRI RAJKUMAR
     S/O DHARARAM,
     AGED ABOUT 37 YEARS,
     R/O BOLIMAR HOUSE,
     KULLUR, MANGALURU-575 006.

8.   SANTOSH OVERSEAS TIMBER STOCK YARD
     PANAMBUR, MANGALOE-575 010.
     REP BY ITS PROPRIETOR,
     SHRI SHIVAJI MEGHAJI PATEL,
     S/O MEGHAJI,
     AGED ABOUT 61 YEARS,
     R/AT # 601, PAWAN APARTMENTS,
     JAIL ROAD, MANGALORE-575 003.

9.   GAUTAHAM IMPEX PRIVATE LIMITED
     TIMBER STOCK YARD,
     PANAMBUR,
     MANGALORE-575 010.
     REPRESENTED BY SHRI SHIVAJI PATEL,
     DIRECTOR.
     S/O MEGHAJI PATEL,
     AGED ABOUT 61 YEARS,
     R/AT 601, PAWAN APARTMENTS,
     JAIL ROAD, MANGALORE-575 003.

10. GANESH SAW MILLS PRIVATE LIMITED
    NMPT TIMBER YARD,
    PANAMBUR, MANGALORE-575 010.
    REP BY ITS DIRECTOR,
    SHRI KHETHALAL R.PATEL
    S/O RATHNASI BHAI PATEL
    AGED ABOUT 62 YEARS,
    R/AT GANESH NIVAS,
    VIVEKANANDA CHOWK,
    NANDED ROAD, LATUR-413 412.

11. SHA SHAMBHULAL NATHALAL & COMPANY
    RASK CHAMBERS,
    OPP CENTRAL MARKET,
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    MARKET ROAD,
    MANGALORE-575 001.
    REP BY ITS PARTNER.
    SHRI PRIYANK P SANGHVI
    S/O PRADEEP R SANGHVI,
    AGED ABOUT 30 YEARS,
    R/AT G-1, ARIHANT APARTMENT,
    PINTO LANE,
    KADRI-KAMBALA ROAD,
    MANGALORE-575 004.

12. LOGUS INDIA PRIVATE LIMTIED
    ASIK CHAMBERS,
    OPP CENTRAL MARKET,
    MARKET ROAD,,
    MAGNALORE-575 001.
    REP BY ITS MANAGER
    SHRI UMESH RAO
    S/O VENKAT RAO,
    AGED ABOUT 52 YEARS,
    R/AT BENAKA HALE MANNE,
    P.O.KOKKADA,
    PUTTUR TALUK-574 198.
    MANGALURU.

13. SHARP ENTERPRISES
    NMPT, PANAMBUR,
    MANGALORE-575 010.
    REP BY ITS PROPRIETOR,
    SHRI JETHALAL MEGHAJI PATEL,
    AGED ABOUT 52 YEARS,
    R/AT, A-2 APARTMENTS,
    FLAT NO.1101,
    FALNIR, MANGALORE-575 002.

14. GURUDEV CORPORATION
    NMPT, PANAMBUR,
    MANGALORE-575 010.
    REP. BY ITS PROPRIETOR,
    SHRI GOVIND PATEL,
    AGED ABOUT YEARS,
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    R/AT A-2, APARTMENTS,
    FLAT NO.1101, FALNIR,
    MANGALORE-575 002.

15. SRI UMIYA SAW MILL
    NO.73/1, NEW TIMBER YARD LAYOUT,
    MYSORE ROAD CROSS,
    BENGALURU-560 026.
    REP BY ITS PARTNER.
    SHRI CHETAN PATEL,
    S/O LALJI M PATEL,
    AGED ABOUT 40 YEARS,
    R/AT NO.165, 6TH CROSS,
    BAPUJI LAYOUT, VIJAYANAGAR,
    BENGALURU-560 040.

16. M/S BHARAT KUMAR PATEL
    TIMBER PRODUCTS PRIVATE LIMITED,
    PLOT NO.12, TIMBER YARD,
    NEW MANGALORE PORT TRUST,
    NEAR BEACH ROAD, PANAMBUR,
    MANGALORE-575 010,
    REP. BY ITS DIRECTOR.
    SHRI VINOD BABULAL PATEL
    S/O BABULAL PRANLAL PATEL,
    AGED ABOUT 50 YEARS,
    R/AT SHRI KRISHNA KRIPA,
    ALAKE, MANGALORE-575 003.

17. PATEL BABULAL PRANLAL TIMBER
    PROUDUCTS PRIVATE LIMITED,
    PLOT NO.12, TIMBER YARD,
    NEW MANGALORE PORT TRUST,
    NEAR BEACH ROAD,
    PANAMBUR, MANGALORE-575 010.
    REPRESENTED BY ITS DIRECTOR,
    SHRI VINOD BABULAL PATEL
    AGED ABOUT 50 YEARS,
    R/AT SHRI KRISHNA KRIPA,
    ALAKE, MANGALORE-575 003.
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18. PATEL VEENEERS PRIVATE LIMITED
    PLOT NO.12, TIMBER YARD,
    NEW MANGALORE PORT TRUST,
    NEAR BEACH ROAD, PANAMBUR,
    MANGALORE-575 010,
    REP. BY ITS DIRECTOR,
    SHRI VINOD BABULAL PATEL
    AGED ABOUT 50 YEARS,
    R/AT SHRI KRISHNA KRIPA,
    ALAKE, MANGALORE -575 003.

19. VELANI SAW MILL
    NO.9/1-B OPP L&T FACTORY,
    & GKVK, BELLARY ROAD,
    BYATARAYANAPURA, YELAHANKA,
    BENGALURU-560 092.
    REPRESENTED BY ITS PARTNER
    SHRI HARISH L PATEL,
    AGED ABOUT 46 YEARS,
    R/AT NO.222,
    AMRUTHALLI MAIN ROAD,
    TALACAUVERY LAYOUT,
    BENGALURU-560 092.

20. MARUTHI SAW MILL
    BELLARY ROAD,
    OPP G.K.V.K.BYATARAYANAPURA,
    BENGALURU-560 092.
    REP BY ITS PARTNER,
    SHRI AMIT K M.
    AGED ABOUT 28 YEARS,
    R/AT ASHIRWAD, NO.17 & 18,
    SURVEY NO.5/4, BEHIND SBI,
    AMRUTHALLI, BANGALORE-560 092.

21. ANAND TIMBERS
    BELLARY ROAD (HYDERABAD ROAD),
    OPP G.K.V.K. BYATARAYANAPURA,
    BENGALURU-560 092.
    REPRESENTED BY ITS PARTNER,
    SHRI PANKAJ P.PATEL
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    S/O PURUSHOTTAM SAMJI PATEL,
    AGED ABOUT 31 YEARS,
    R/AT 1062/1063,
    DR. AMBEDKAR MEDICAL
    COLLEGE ROAD, KAVALABYRASANDRA,
    R.T.NAGAR POST, BENGALURU-560 032.

22. BHAGWATI TIMBERS
    #9/1B, B.B. ROAD,
    OPP. G.K.V.K. BYATARANAYANAPURA,
    BENGALURU-560 091.
    REP BY ITS PARTNER,
    SHRI KIRAN A PATEL,
    S/O RAJA PATEL,
    AGED ABOUT 50 YEARS,
    R/AT DOOR NO.3,
    KHB COLONY, 2ND FLOOR,
    7TH CROSS, GANDHINAGAR,
    YELAHANKA, BENGALURU-560 064

23. UMIYA WOOD INDUSTRIES
    NO.95, NEW TIMBER YARD LAYOUT,
    MYSORE ROAD,
    BANGALORE-560 026.
    REPRESENTED BY ITS PARNTER,
    SHRI JAIKUMAR S/O DILIP M PATEL,
    AGED ABOUT 30 YEARS,
    R/AT NO.165, 6TH CROSS,
    BAPUJI LAYOUT, CHANDRA LAYOUT,
    VIJAYANAGAR, BANGALORE -560 040.

24. U K MONU TIMBERS
    NH 66, KALLAPU POST PEMANNUR
    MANGALORE-575 017.
    REPRESENTED BY ITS
    U.K.MONU
    AGED ABOUT 65 YEARS,
    S/O LATE KOYA BARY,
    R/AT UK MONDU RESIDENCE,
    UNIVERSITY ROAD,
    DIRLEKKATTE,
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    MANGALURU-575 002.

25. M/S KANACHUR SEASONING INDUSTRIES
    NH 66, KALLAPU, POST PEMANNUR,
    MANGALORE-575 017.
    REPRESENTED BY ITS MANAGING PARTNER.
    U K MONU, AGED ABOUT 65 YEARS,
    R/AT UK MONDU RESIDENCE,
    UNIVERSITY ROAD, DIRELEKATTE,
    MAGALURU-575 002.

26. SWADESH ASSOCIATES
    HAVING ITS OFFICE AT
    ZUBEDA KASAM FARMS,
    P O KALHE,
    BARAPAD TALUKA PANVEL,
    DIST RAIGAD-410 206.
    AND NO.85, VICTORIA ROAD,
    MUSTAFA BAZAR,
    BYCULLA, MUMBAI-400 01.
    MAHARASHTRA STATE.

    ALSO BRANCH OFFICE AT:
    PLOT NO.12,
    BEACH ROAD,
    NEW MANGALORE PORT,
    PANAMBUR, MANGALORE-575 010.
    REPRESENTED BY ITS PROPRIETOR,
    SRI. ASLAM K MERCHANT,
    AGED ABOUT 54 YEARS,
    S/O LATE NOOR MOHAMMED PATANWALA.

27. RAJ KRIPAL LUMBERS LTD.,
    TIMBER STOCK YARD,
    PANAMBUR, MANGALURU-575 010.
    REPRESENTED BY ITS DIRECTOR.
    SRI BABULAL PATEL.
    S/O LAKHAMSI BHAI PATEL,
    AGED ABOUT 51 YEARS,
    R/AT 402, AROMA PARK,
    MANAGUDDA,
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    MANGALORE-575 003.

28. BHARAT KUMAR PATEL & CO
    PLOT NO.12, TIMBER YARD,
    NMPT, NEW BEACH ROAD,
    PANAMBUR, MANGALURU-575 010.
    REPRESENTED BY ITS PARTNER.
    SRI VINOD BABULAL PATEL

29. PATEL TIMBER MART
    NO.317/4,
    OPPOSITE SAHYADRI ENGINEERING COLLEGE,
    ADYAR, MANGALURU-575 010.
    REPRESENTED BY ITS PARTNER,
    SRI GOVIND L PATEL,
    AGED MAJOR,
    R/AT, D.NO.3/82,
    MANGALORE SAW MILL COMPOUND,
    ALAPE, POST PADIL,
    MANGALORE-575 007.

30. ASHOK TIMBER TRADING COMPANY
    NO.275/1, NEW TIMBER LAYOUT,
    MYSURU ROAD CROSS,
    BENGALURU-560 026.
    REPRESENTED BY ITS PARTNER,
    SRI. KISHORE S.PATEL,
    AGED ABOUT 59 YEARS,
    R/AT NO. 1124,
    SHIVKRIPA, SERVICE ROAD,
    RPC LAYOUT, VIJAYANAGAR,
    BENGALURU-560 040.

31. SRI JALARAM WOOD INDUSTRIES
    REPRESENTED BY ITS PARTNER,
    SRI. RATANSHI K.PATEL PATEL,
    AGED ABOUT 60 YEARS,
    R/AT NO.795/A, 26TH CROSS,
    4TH MAIN, VIDYARANYAPURA,
    MYSURU-570 008.
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32. SRI HANUMAN SAW MILLS
    NO.57 ALLASANDA
    G K V K POST, BENGALURU-560 065.
    REPRESENTED BY ITS PARTNER,
    BHAVEESH RAVILAL DHANANI,
    AGED ABOUT 32 YEARS,
    S/O RAVILAL LAKHAMSI DHANANI,
    R/AT SVS PATEL CALISTO,
    FLAT NO.510, 5TH FLOOR, THALAKAVERI LAYOUT,
    AMRUTHAHALLI MAIN ROAD,
    BENGALURU-560 092.

33. MARUTI TIMBER & PLYWOOD
    NO.169/7, HENNUR BHAGAKUR ROAD,
    KANNUR VILLAGE,
    BENGALURU-562 149.
    REPRESENTED BY ITS PARTNER,
    SRI NILEESH KUMAR
    AGED ABOUT 28 YEARS,
    S/O VINOD KUMAR,
    R/AT ARSHIRWAD NO.17 & 18,
    3RD CROSS, THALAKAVERI LAYOUT,
    AMRUTHAHALLI MAIN ROAD,
    BENGALURU-560 092.

34. TIMWOOD TRADING
    PLOT NO.11A, NMPT,
    TIMBER YARD, BEACH ROAD,
    PANAMBUR, MANGALURU-575 010.
    REPRESENTED BY ITS PROPRIETOR,
    MOHIT JETHALAL PATEL
    S/O JETHALAL PATEL,

35. PATEL BABULAL PRANLAL & BROS
    PLOT NO.12, TIMBER YARD,
    NMPT NEAR BEACH ROAD,
    PANAMBUR,
    REPRESENTED BY ITS
    PARTNER,
    VINOD BABULAL PATEL
    S/O BABULAL PRANLAL PATEL,
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     AGED MAJOR,
     R/A 205-206, 2ND FLOOR,
     PIONEER TOWERS, MARINE DRIVE,
     COCHIN, KERALA-682 031.
                                             ...PETITIONERS
(BY SRI. SANDEEP.S.PATIL., ADVOCATE)

AND:

1.   UNION OF INDIA
     REPRESENTED BY ITS SECRETRY,
     MINISTRY OF AGRICULTURE,
     DEPARTMENT OF AGRICULTURE
     & COOPERATION, KRISHI BHAVAN,
     NEW DELHI-110 001.

2.   DIRECTOR OF PLANT PROTECTION
     QUARANTINE & STORAGE,
     N.H-IV FARIDABAD, HARAYANA-121 001.

3.   THE PLANT PROTECTION OFFICER (WS)
     PLANT QUARANTINE STATION,
     PLOT NO.323/F/1, KIADB,
     INDUSTRIAL AREA, BAIKAMPADY,
     MANGALORE-575 011.
                                           ...RESPONDENTS
(BY SRI. KUMAR.M.N., CGC)

       THIS WRIT PETITION IS     FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.

       THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY,
AN ORDER IS MADE AS UNDER:
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                        ORAL ORDER

Sri.Sandeep S.Patil., counsel for the petitioners and

Sri.M.N.Kumar., CGC for the respondents have appeared in

person.

2. The captioned Writ Petition is filed seeking a Writ of

Mandamus directing the respondents not to insist on payment

of the inspection fee at five times the normal rate under Clause

14(2) of the Plant Quarantine (Regulation of Import into India),

Order, 2003 (vide Annexure-"M"), when petitioners imported

consignment is in conformity with Clause 9 of Plant Quarantine

(Regulation of Import into India), Order, 2003 having the

Phytosanitary Certificate issued thereof at the Country of

export.

3. Counsel Sri.Sandeep S.Patil., submits that the issue

involved in the matter is squarely covered by the decision of

the Gujarat High Court in Special Civil Application

No.16280/2021 along with connected matters disposed of on

28.06.2022. Counsel therefore, submits that an appropriate

order may be passed.

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Sri.M.N.Kumar., CGC for the respondents submits that a

memo has been filed along with the Notification and the same

may be placed on record.

Submission is noted. Memo along with the Notification is

placed on record.

4. The order passed by the Gujarat High Court is

furnished along with the Writ Petition. The operative portion of

the order reads as under:

"39. On the substratum of the aforementioned reasoning and analysis, the impugned Regulation 14(2) of the Plant Quarantine (Regulation to Import into India) Order, 2003 of Chapter-VI is declared as arbitrary and unreasonable and in violation of fundamental rights guaranteed under Article 19(g) of the Constitution of India to the extent it stipulates charging of fees of five times of normal rates. The same is quashed and set aside to the said extent only. As a sequel the subsequent impugned Office Memorandums, which reiterate such imposition of penal fees are also quashed and set aside to such extent only".

5. Taking note of the judgment passed by the Gujarat

High Court in Special Civil Application No.16280/2021 along

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with connected matters disposed of on 28.06.2022. The Writ

Petition is allowed. Mandamus is ordered directing the

respondents not to insist on payment of the inspection fee at

five times the normal rate under Clause 14(2) of the Plant

Quarantine (Regulation of Import into India), Order, 2003 vide

Annexure-M.

6. Resultantly, the Writ Petition is allowed.

Sd/-