IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51734 OF 2013 C/W WRIT PETITION NO 51735 OF 2013 (GM-RES) IN WRIT PETITION NO.51734 OF 2013 BETWEEN:
M/S.MICROTECH AGRO INDIA LIMITED A LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT PLOT NO.1-D, (PART-1), KIADB INDUSTRIAL AREA, LOKIKERE ROAD DAVANAGERE-577 006 REP. BY ITS MANAGING DIRECTOR NAGARAJ M.J. … PETITIONER (BY MR.NAGARAJ.M.J.- PARTY-IN-PERSON) AND:
1. THE GOVERNMENT OF INDIA BY SECRETARY MINISTER OF AGRICULTURE AND CO-OPERATION MACRO MANAGEMENT DIVISION KRISHI BHAVAN, NEW DELHI-110 001 REP. BY ITS SECRETARY 2. THE PRINCIPAL SECRETARY AGRICULTURE DEPARTMENT GOVERNMENT OF KARNATAKA KARNATAKA GOVERNMENT SECRETARIAT M.S.BUILDING, BANGALORE-560 001 3. THE COMMISSIONER DEPARTMENT OF AGRICULTURE SHESHADRI ROAD BANGALORE-560 001 4. THE DIRECTOR DEPARTMENT OF AGRICULTURE SHESHADRI ROAD BANGALORE-560 001 … RESPONDENTS (BY SMT.H.R.ANITHA, CENTRAL GOVERNMENT COUNSEL FOR R-1) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO R-4 TO RELEASE THE BALANCE AMOUNT OF RS.40,00,0000/- LAKSH TO ENABLE PETITIONER’S COMPANY TO ESTABLISH BIO-PESTICIDE LABORATORY & COMMENCES OPERATIONS VIDE ANNEXURE-S AND ETC.
IN WRIT PETITION NO.51735 OF 2013 BETWEEN:
M/S CHAITRA FERTILIZERS & CHEMICALS (P) LTD., A PRIVATE COMPANY HAVING ITS REGISTERED OFFICE AT NO.E-1, SRI KRISHNA COMPLEX ‘D’ BANUMAIAH CIRCLE MYSORE-570 024 REPRESENTED BY ITS MANAGING DIRECTOR C.M.CHANDRASHEKHAR … PETITIONER (BY SRI.SOMASHEKAR, ADV. FOR SRI S.N.MURTHY & ASSOCIATES, ) AND:
1. THE GOVERNMENT OF INDIA BY SECRETARY MINISTER OF AGRICULTURE AND CO-OPERATION MACRO MANAGEMENT DIVISION KRISHI BHAVAN, NEW DELHI-110 001 REP. BY ITS SECRETARY 2. THE PRINCIPAL SECRETARY AGRICULTURE DEPARTMENT GOVERNMENT OF KARNATAKA KARNATAKA GOVERNMENT SECRETARIAT M.S.BUILDING, BANGALORE-560 001 3. THE COMMISSIONER DEPARTMENT OF AGRICULTURE SHESHADRI ROAD BANGALORE-560 001 4. THE DIRECTOR DEPARTMENT OF AGRICULTURE SHESHADRI ROAD BANGALORE-560 001 … RESPONDENTS (BY SRI.Y.D.HARSHA, ADDITIONAL GOVERNMENT COUNSEL FOR R-2 TO R-4 SRI.B.K.SOODI, CENTRAL GOVERNMENT COUNSEL, FOR R-1) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO R-4 TO RELEASE THE BALANCE AMOUNT OF RS.40,00,0000/- LAKSH TO ENABLE PETITIONER’S COMPANY TO ESTABLISH BIO-PESTICIDE LABORATORY & COMMENCES OPERATIONS VIDE ANNEXURE-S AND ETC.
THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Nagaraj M.J., Party-in-Person.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.2 to 4.
Smt.H.R.Anitha, learned Central Government Counsel for respondent No.1.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner inter alia seeks a direction to the respondent Nos.2 to 4 to release the balance amount of Rs.40 Lakhs to the petitioner.
4. When the matters were taken up today, learned Additional Government Advocate submitted that the claim of the petitioner for refund of the aforesaid amount has already been adjudicated by an order dated 09.05.2013.
5. In view of the aforesaid submissions and in the facts of the case, I deem it appropriate to dispose of the petitions with a liberty to the petitioner to assail the validity of the order dated 09.05.2013 if so advised in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS