IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24917/2018(GM-RES) C/W WRIT PETITION NO.24919/2018(GM-RES) C/W WRIT PETITION NOs.12617-12618/2018(GM-RES) C/W WRIT PETITION NO.24918/2018(GM-RES) IN W.P.NO.24917/2018 BETWEEN :
BHARATKUMAR PATEL & COMPANY 205-206, 2ND FLOOR POINEER TOWERS MARINE DRIVE COCHIN, KERALA PIN-682031 REPRESENTED BY ITS PARTNER SRI VINOD BABULAL PATEL S/O BABULAL PRANLAL PATEL AGED ABOUT 51 YEARS, ALSO BRANCH OFFICE AT PLOT NO.12, NEAR BEACH ROAD, NEW MANGALURU FORT TRUST PANAMBUR MANGALURU-575010 (D.K.) STATE OF KARNATAKA ... PETITIONER (BY SRI Y RAJENDRA PRASAD SHETTY, ADVOCATE) AND 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF AGRICULTURE DEPARTMENT OF AGRICULTURE & COOPERATION KRISHI BHAVAN NEW DELHI-110 001 2. DIRECTOR OF PLANT PROTECTION QUARANTINE & STORAGE NH-IV FARIDABAD HARAYANA-121001 3. THE PLANT PROTECTION OFFICER (WS) PLANT QUARANTINE STATION PLOT NO.323/F/1, KIADB INDUSTRIAL AREA BAIKAMPADY MANGALURU-575 011 4. THE OFFICER IN CHARGE PLANT QUARANTINE STATION HEBBALA BHOOPSANDRA ROAD, HAFARM POST, BENGALURU-560 024 ... RESPONDENTS (BY SRI H R ANITHA, CGC FOR R1 TO R4) W.P.NO.24917/2018 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEXURE-B) VIDE NO.1037, DATED: 18-11-2003/KARTIKA 27, 1925, ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
IN W.P.NO.24919/2018 BETWEEN:
TIMWOOD TRADING PLOT NO.11A, BEACH ROAD PANAMBUR MANGALURU – 575 010 (D.K) STATE OF KARNATAKA REPRESENTED BY ITS PROPRIETOR MOHIT JETHALAL PATEL S/O JETHALAL MEGHAJI PATEL AGED ABOUT 25 YEARS …PETITIONER (BY SRI Y.RAJENDRA PRASAD, ADVOCATE) AND 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF AGRICULTURE DEPARTMENT OF AGRICULTURE & COOPERATION KRISHI BHAVAN NEW DELHI-110 001 2. DIRECTOR OF PLANT PROTECTION QUARANTINE & STORAGE NH-IV FARIDABAD HARAYANA-121001 3. THE PLANT PROTECTION OFFICER (WS) PLANT QUARANTINE STATION PLOT NO.323/F/1, KIADB INDUSTRIAL AREA BAIKAMPADY MANGALURU-575 011 4. THE OFFICER IN CHARGE PLANT QUARANTINE STATION HEBBALA BHOOPSANDRA ROAD, HAFARM POST, BENGALURU-560 024 ... RESPONDENTS (BY SRI H R ANITHA, CGC FOR R1 TO R4) W.P.NO.24919/2018 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEXURE-B) DATED 18.11.2003, ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
IN W.P.Nos.12617-12618/2018 BETWEEN 1. SHANTHI VIJAYA SAW MILLS REPRESENTED BY PARTNER, MAHENDRA KUMAR S PATEL, AGED ABOUT 50 YEARS, SHANTHI VIJAYA SAW MILLS, 342/16, MYSORE ROAD, BANGALORE-560 026.
2. SANTOSH TIMBERS REPRESENTED BY PARTNER, BHARAT KUMAR S PATEL, AGED ABOUT 48 YEARS, SANTOSH TIMBERS, 342/18, MYSORE ROAD, BANGALORE-560 026. ... PETITIONERS (BY SRI D.C.DEEPAK, ADVOCATE) AND 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE AND CO OPERATION, KRISHI BHAVAN, NEW DELHI-110 001.
2. DIRECTOR OF PLANT PROTECTION QUARANTINE & STORAGE, N. H-IV, FARIDABAD, HARYANA-121 001.
3. THE PLANT PROTECTION OFFICER (WG) PLANT QUARANTINE STATION, PLOT NO.323/F/1, KIADB, INDUSTRIAL AREA, BAIKAMPADY, MANGALORE-575 011. ... RESPONDENTS (BY SMT.H.R.ANITHA, CGC) W.P.Nos.12617-12618/2018 ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEXURE-B) ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW.
IN W.P.No.24918/2018 BETWEEN:
PATEL BABULAL PRANLAL & BROTHERS OFFICE AT PLOT NO.12, NEAR BEACH ROAD NEW MANGALURU FORT TRUST PANAMBUR MANGALURU -575 010 (D.K) STATE OF KARNATAKA REPRESENTED BY ITS PARTNER SRI VINOD BABULAL PATEL S/O BABULAL PRANLAL PATEL AGED ABOUT 51 YEARS ALSO AT POST BOX NO.114, DAJIBENPETH HUBLI – 580 020 STATE OF KARNATAKA …PETITIONER (BY SRI Y.RAJENDRA PRASAD SHETTY, ADVOCATE) AND 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF AGRICULTURE DEPARTMENT OF AGRICULTURE & COOPERATION KRISHI BHAVAN NEW DELHI-110 001 2. DIRECTOR OF PLANT PROTECTION QUARANTINE & STORAGE NH-IV FARIDABAD HARAYANA-121001 3. THE PLANT PROTECTION OFFICER (WS) PLANT QUARANTINE STATION PLOT NO.323/F/1, KIADB INDUSTRIAL AREA BAIKAMPADY MANGALURU-575 011 4. THE OFFICER IN CHARGE PLANT QUARANTINE STATION HEBBALA BHOOPSANDRA ROAD, HAFARM POST, BENGALURU-560 024 ... RESPONDENTS (BY SRI H R ANITHA, CGC FOR R1 TO R4) W.P.NO.24918/2018 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEXURE-B) VIDE NO.1037, DATED 18.11.2003/KARTIKA 27, 1925, ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Y.Rajendra Prasad Shetty, learned counsel for the petitioners in W.P.No.24917/18 C/w W.P.24919/18 and W.P.No.24918/18 and Sri D.C.Deepak, learned counsel for the petitioners in W.P.Nos.12617-618/18.
Smt. H.R.Anitha, learned Central Government Counsel for the respondents.
2. Learned counsel for the respondents has filed a memo along with the copy of the order passed by this Court in W.P.Nos.59613-59614/2016 and connected matters decided on 31.07.2019 seeking disposal of these writ petitions also on the same ground. The memo along with the copy of the order is taken on record.
3. For the reasons assigned in W.P.Nos.59613-59614/2016 and connected matters dated 31.07.2019, these writ petitions are also disposed of on the same terms and similar directions.
Sd/- JUDGE TL