The Government Of India, Rep. By ... vs M/S. Fertilizers Pesticides ...
2022 Latest Caselaw 5149 Tel

   THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                   AND

    THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                 WRIT APPEAL No.739 of 2009


JUDGMENT:      (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard     Mr.    B.Mukherjee,         learned      counsel   for   the

appellant; Ms. G.Poorna Sree, learned counsel representing

Mr. Vedula Srinivas, learned counsel for respondent No. 1;

and learned Assistant Government Pleader for Agriculture for

respondent Nos.2 to 23.

2. On 29.08.2022, we had passed the following

order:-

"This writ appeal is directed against the common judgment and order dated 26.10.2007 passed by the learned Single Judge allowing W.P.No.2261 of 2000 and other connected writ petitions.

The writ petitions were filed by respondent No.1 assailing the enhancement of licence fee from Rs.20.00 to Rs.500.00 per insecticide and from Rs.300.00 to Rs.7,500.00 towards maximum licence fee, further requiring separate fee for different selling points and stock points of the same dealer as per the amended sub-rule (2) of Rule 10 of the Insecticides Rules, 1971, as amended in the year 1999.

                                      2                        HCJ & CVBRJ
                                                         W.A.No.739 of 2009

By the common order dated 26.10.2007, learned Single Judge came to the conclusion that such enhancement was highly excessive, thus arbitrary and contrary to Section 36 of the Insecticides Act, 1968. Accordingly, sub-rule (2) of Rule 10 of the Insecticides Rules, 1999 was struck down as ultra vires, further directing the appellant to strictly adhere to Section 36 of the Insecticides Act, 1968.

Mr. B.Mukherjee, learned counsel appearing for the appellant, shall apprise the Court as to what has happened to the related appeals and whether after striking down Rule 10(2) of the Insecticides Rules, 1971, as amended in 1999, any fresh/further amendment has been made in Rule 10(2) of the Insecticides Rules, 1971, as amended in 1999.

List on 17.10.2022 under the same caption "infructuous matters"."

3. Mr. B.Mukherjee, learned counsel appearing for

the appellant submits that though he has written to the

appellant in terms of the order dated 29.08.2022, he is yet to

receive any instruction.

4. On the other hand, learned counsel for respondent

No. 1 submits that the appeal has become infructuous.

5. Considering the order under appeal dated

26.10.2017, we are of the view that the appeal has become

infructuous.

                                3                     HCJ & CVBRJ
                                                W.A.No.739 of 2009

6. Accordingly, the Writ Appeal is dismissed as

infructuous. However, there shall be no order as to costs.

7. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

__________________________ UJJAL BHUYAN, CJ

___________________________ C.V.BHASKAR REDDY, J

Date: 17.10.2022 KL/myk