IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE Mr. JUSTICE ALOK ARADHE WRIT PETITION NOs.59613-59614 OF 2016 C/W W.P.NOs.16305-16306/2016, W.P.NOs.25531- 25579/2016, W.P.No.33285/2016, W.P.No.33281/2016, W.P.No.5417/2018, W.P.No.5418/2018, W.P.No.42989/2017, AND W.P.No.48459/2018 (GM-RES) IN W.P.NOs.59613-59614/2016: BETWEEN :
1. M/S.RANGANI TIMBERS HAVING ITS OFFIE AT No.80 2ND STAGE, INDUSTRIAL SUBURB MYSURU SOUTH, MYSURU – 570 008 KARNATAKA STATE.
REPRESENTED BY ITS PARTNER:- SRI DHEERAJ KUMAR.A .PATEL S/O SRI ABJI.K.PATEL AGED ABOUT 40 YEARS.
2. M/S.GEETHA TIMBERS HAVING ITS OFFICE AT No.42/4, 2ND STAGE, INDUSTRIAL SUBURB MYSURU SOUTH, MYSURU – 570 008 KARNATAKA STATE.
REPRESENTED BY ITS PARTNER:- SRI JAYANTHILAL SHIVJI PATEL S/O SRI SHIVJI KARSON PATEL AGED ABOUT 42 YEARS.
…PETITIONERS (BY SRI Y RAJENDRA PRASAD SHETTY, ADV.–ABSENT) 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 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 MANGALURU – 575 011.
4. THE OFFICER IN CHARGE PLANT QUARANTINE STATION HEBBALA BHOOPSANDRA ROAD HAFARM POST, BENGALURU – 560 024.
… RESPONDENTS (BY SMT. H.R.ANITHA, CGC FOR R1 -4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEX-B) DATED 18.11.2003 ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
W.P.NOs.16305-16306/2016: BETWEEN:
1. KARNATAKA TIMBER IMPORTERS ASSOCIATION BEACH ROAD, NEW MANGALORE PORT PANAMBUR MANGALORE – 575 010. REPRESENTED BY ITS MEMBER BABULAL V PATEL S/O VALJI GOPAL PATEL AGED ABOUT 59 YEARS R/AT No.1123, ‘DEVAKI NANDAN’, RPC LAYOUT, HAMPINAGAR BENGALURU – 560 040.
2. SRI BABULAL V PATEL S/O VALJI GOPAL PATEL AGED ABOUT 59 YEARS R/AT No.1123, DEVAKI NANDAN’, RPC LAYOUT, HAMPINAGAR BENGALURU – 560 040.
…PETITIONERS (BY SMT. SWAMINI GANESH A/W SRI B R SRIVATSA, ADVOCATES FOR SRI SANDEEP S PATEL, 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 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 MANGALURU – 575 011.
… RESPONDENTS (BY SMT. H.R.ANITHA, CGC FOR R1 -3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 VIDE ANNEX-B ON THE TIMBER IMPORTED FROM THE COUNTRIES IS WITHOUT AUTHORITY OF LAW.
W.P.NOs.25531-25579/2016:
BETWEEN:
1. K M PATEL & COMPANY PLOT NO.23, NMPT STOCKYARD, PANAMBUR, MANGALORE-575010 REP BY ITS PARTNER, SRI.ANKIT BABULAL PATEL 2. SRI.ANKIT BABULAL PATEL, PARTNER S/O BABULAL RANMAL PATEL, AGED ABOUT 30 YEARS, R/A ASHIRWAD, 1-4/16, RAJAWADI CHS, R.N. GANDHI ROAD, GHATKOPAR, (EAST)MUMBAI-400 077.
3. SAUDAGAR ENTERPRISES PLOT NO.27, INDUSTRIAL AREA CROSS ROAD, PANAMBUR, MANGALORE-575010 REP. BY SHRI PAWAR B.S., PARTNER S/O SHIVRAM PAWAR, AGED ABOUT 63 YEARS, R/A # 406, VINAYAKA APARTMENTS, LADY HILL, MANGALORE-575 006.
4. SHRI PAWAR B.S PARTNER S/O SHIVARAM PAWAR AGED ABOUT 63 YEARS R/A 406, VINAYAKA APARTMENTS, LADY HILL, MANGALORE-575 006.
5. SIMLA AGENCIES, NMPT TIMBER YARD, PANAMBUR, MANALORE-575010 REP. BY ITS PARTNER SHRI PAWAR B.S.
S/O SHIVARAM PAWAR AGED ABOUT 63 YEARS, R/A 406, VINAYAKA APARTMENTS, LADY HILL, MANGALORE-575 006.
6. SHRI PAWAR B.S. PARTNER S/O SHIVARAM PAWAR AGED ABOUT 63 YEARS, R/A 406, VINAYAKA APARTMENTS, LADY HILL, MANGALORE-575 006.
7. RAJ KRIPAL LUMBERS LTD TIMBER STOCK YARD, BEACH ROAD, PANAMBUR, MANGALORE-575 010 REP. BY SHRI BABULAL PATEL, DIRECTOR, S/O LAKHAMSIBHAI PATEL AGED ABOUT 49 YEARS, R/A 402, AROMA PARK, MANNEGUDDA, MANGALORE-575 003.
8. SHRI BABULAL PATEL DIRECTOR S/O LAKHAMSIBHAI PATEL AGED ABOUT 49 YEARS, R/A 402, AROMA PARK, MANNEGUDDA, MANGALORE - 575 003.
9. TRISH IMPEX PRIVATE LIMITED TIMBER STOCK YARD, PANAMBUR, MANGALORE-575 010 REP. BY SHRI RAJKUMAR, DIRECTOR, S/O DHARARAM AGED ABOUT 35 YEARS, R/A BOLIMAR HOUSE KULLUR, MANGALORE.
10. SHRI RAJKUMAR DIRECTOR S/O DHARARAM AGED ABOUT 35 YEARS R/A BOLIMAR HOUSE, KULLUR, MANGALROE.
11. SANTOSH OVERSEAS TIMBER STOCK YARD, PANAMBUR, MANGALORE-575 010. REP. BY SHRI SHIVAJI MEGHAJI PATEL, S/O MEGHAJI AGED ABOUT 59 YEARS R/A # 601, PAWAN APARTMENTS, JAIL ROAD, MANGALORE-575 003.
12. SHRI SHIVAJI MEGHAJI PATEL S/O MEGHAJI AGED ABOUT 59 YEARS, R/A #601, PAWAN APARTMENTS, JAIL ROAD, MANGALORE-575 003.
13. GAUTAHAM IMPEX PRIVATE LIMITED TIMBER STOCK YARD, PANAMBUR, MANGALORE-575 010.
REP. SHRI SANTOSH SHIVAJI PATEL, DIRECTOR S/O SHIVAJI MEGHAJI PATEL AGED ABOUT 21 YEARS, R/A 601, PAWAN APARTMENTS, JAIL ROAD, MANGALORE-575 003.
14. SHRI SANTOSH SHIVAJI PATEL DIRECTOR S/O SHIVAJI MEGHAJI PATEL AGED ABOUT 21 YEARS, R/A 601, PAWAN APARTMENTS, JAIL ROAD, MANGALORE-575 003.
15. GANESH SAW MILLS PRIVATE LIMITED NMPT TIMBER YARD, PANAMBUR, MANGALORE-575 010.
REP. BY ITS DIRECTOR/MANAGER SHRI KHETHALAL R PATEL S/O RATHANSI BHAI PATEL AGED ABOUT 61 YEARS R/A GANESH NIVAS, VIVEKANANDA CHOWK, NANDED ROAD, LATUR-413 412.
16. SHRI KHETHALAL R PATEL DIRECTOR S/O RATHANSI BHAI PATEL AGED ABOUT 61 YEARS, R/A GANESH NIVAS, VIVEKANANDA CHOWK, NANDED ROAD, LATUR-413 412.
17. SHA SHAMBHULAL NATHALAL & COMPANY, RASK CHAMBERS, OPP. CENTRAL MARKET MARKET ROAD, MANGALORE – 575 001. REP. BY ITS MANAGER SHRI PRIYANK P SANGHVI S/O PRADEEP R SANGHVI, AGED ABOUT 27 YEARS, R/A G-1, ARIHANT APARTMENTS, PINTOS LANE, KADRI-KAMBALA ROAD, MANGALORE-575 004.
18. SHRI PRIYANK P SANGHAVI S/O PRADEEP R SANGHVI, AGED ABOUT 27 YEARS R/A ARIHANT APARTMENTS, PINTOS LANE, KADI-KAMBALA ROAD, MANGALORE-575 004.
19. LOGS INDIA PRIVATE LIMITED RASIK CHAMBDERS, OPP. CENTRAL MARKET, MARKET ROAD, MANGALORE-575001 REP. BY ITS MANAGER SHRI UMESH RAO S/O VENKAT RAO AGED ABOUT 50 YEARS, R/A BENAKA HALE MANNE, P.O. KOKKADA, PUTTUR TALUK-574 198.
20. SHRI UMESH RAO S/O VENKAT ROA AGED ABOUT 50 YEARS, R/A BENAKA HALE MANNE, P.O. KOKKADA, PUTTUR TALUK-574 198 21. SHARP ENTERPRISES NMPT, PANAMBUR MANGLAORE-575 010 REP. BY SHRI MOHIT PATEL, PARTNER S/O JETHALAL MEGHAJI PATEL AGED ABOUT 23 YEARS R/A, K-2 APARTMENTS, FLAT No.1101, FALNIR, MANGALORE-575 002.
22. SHRI MOHIT PATEL, PARTNER S/O JETHALAL MEGHAJI PATEL, AGED ABOUT 23 YEARS, R/A K-2 APARTMENTS, FLAT No.1101, FALNIR, MANGALORE-575 002.
23. GURUDEV CORPORATION NMPT, PANAMBUR, MANGLAORE-575 010.
REP. BY SHRI MOHIT PATEL, PARTNER, S/O JETHALAL MEGHAJI PATEL AGED ABOUT 23 YEARS, R/A K-2 APARTMENTS, FLAT NO.1101, FALNIR, MANGLAORE-575 002.
24. KREEDAI EXIM, NMPT, PANAMBUR, MANGALORE-575010.
REP. BY SHRI MOHIT PATEL, PARTNER S/O JETHLAL MEGHAJI PATEL AGED ABOUT 23 YEARS R/A K-2 APARTMENTS, FLAT NO.1101, FALNIR, MANGALORE-57 002.
25. 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 37 YEARS, R/A No.165, 6TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BENGALURU-560 040.
26. SHRI CHETAN PATEL, PARTNER S/O LALJI M PATEL AGED ABOUT 37 YEARS R/A No.165, 6TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BENGALURU-560 040.
27. 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 BHARAT K PATEL S/O KANTHI BAI K PATEL, AGED ABOUT 53 YEARS, R/AT SHRI KRISHNA KRIPA ALAKE, MANGALORE-575 003.
28. SHRI BHARATKUMAR, DIRECTOR S/O KANTIBHAI PATEL AGED ABOUT 52 YEARS, R/A SHRI KRISHNA KRIPA, ALAKE, MANGALORE-575 003.
29. PATEL BABULAL PRANLAL 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 BHARATKUMAR S/O KANTIBHAI PATEL AGED ABOUT 52 YEARS R/A SHRI KRISHNA KRIPA, ALAKE, MANGALORE-575 003.
30. SHRI BHARATKUMAR S/O KANTIBHAI PATEL AGED ABOUT 52 YEARS, R/A SHRI KRISHNA KRIPA, ALAKE, MANGALORE-575 003.
31. 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 BHARAT. K. PATEL, S/O KANTIBHAI PATEL AGED ABOUT 52 YEARS R/A SHRI KRISHNA KRIPA, ALAKE, MANGALORE-575 003.
32. SHRI BHARAT K PATEL, DIRECTOR S/O KANTIBHAI PATEL AGED ABOUT 52 YEARS R/A SHRI KRISHNA KRIPA, ALAKE, MANGALORE-575 003.
33. MAHALAKSHMI TIMBER & SAW MILLS, No.275/10, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU-560 026 REP. BY ITS PARTNER SHRI NARSILAL.R. PATEL S/O RAJABHAI M PATEL AGED ABOUT 57 YEARS, R/A No.626/E, 1ST "C" MAIN, VIJAYANAGAR 2ND STAGE, BANGALORE - 560 040.
34. SHRI NARSILAL. R. PATEL, PARTNER S/O RAJABHAI M PATEL, AGED ABOUT 57 YEARS, R/A NO.626/E, 1ST ‘C’ MAIN VIJAYANAGAR 2ND STAGE, BENGALORE-560 040.
35. HUNSUR PLYWOOD WORKS PRIVATE LIMITED POST BOX No.2, B.M.ROAD HUNSUR-571105 REP. BY ITS DIRECTOR SHRI MOIZ S VAGH S/O SAIFUDDIN M.A.VAGH AGED ABOUT 77 YEARS R/A No.108, 8TH MAIN, JAYALAKSHMIPURAM, MYOSRE-571 112.
36. SHRI MOIZ S VAGH S/O SAIFUDDIN M.A. VAGH AGED ABOUT 77 YEARS R/A No.108, 8TH MAIN, JAYALAKSHMIPURAM, MYSORE-571 112.
37. PYRAMID TIMBER ASSOCIATES PRIVATE LIMITED SURVEY NO.193/2, AND 194, MYSORE-HUNSUR ROAD, YELWAL, MYSORE-571 130 REP. BY ITS DIRECTOR SHRI MOIZ S VAGH S/O SAIFUDDIN M.A. VAGH AGED ABOUT 77 YEARS R/A No.108, 8TH MAIN, JAYALAKSHMIPURAM, MYSORE-571112.
38. KALPANA TIMBER DEPOT SITE No.23, NMPT TIMBER YARD, PANAMBUR, MANGALORE-575 010 REP. BY ITS PARTNER SHRI NILESH K SHAH, S/O SHRI. KANTILAL M. SHAH AGED ABOUT 50 YEARS, R/A No.80, RITHERDON ROAD, VEPERY, CHENNAI-600 007.
39. SHRI NILESH K SHAH PARTNER S/O SHRI. KANTILAL M. SHAH AGED ABOUT 50 YEARS R/A No.80, RITHERDON ROAD, VEPERY, CHENNAI-600 007.
40. VELANI SAW MILL No.9./1-B, OPP L & T FACTORY & GKVK, BELLARY ROAD, BYATARAYANAPURA, YELAHANKA, BENGLAURU-560 092 REP. BY ITS PARTNER SHRI PURUSHOTTAM.L.PATEL S/O L.A. PATEL, AGED ABOUT 44 YEARS, R/A NO.222, AMRUTHALLI MAIN ROAD, TALACAUVERY LAYOUT, BENGALURU-560 092.
41. SHRI PURUSHOTTAM. L. PATEL, PARTNER, S/O L.A. PATEL AGED ABOUT 44 YEARS, R/A NO.222, AMRUTHALLI MAIN ROAD, TALACAUVERY LAYOUT, BENGALURU-560 092.
42. MARUTHI SAW MILL BELLARY ROAD, OPP G.K.V.K BYATARAYANAPURA, BENGLAURU-560 092 REP. BY ITS PARTNER SHRI VISHRAM PATEL S/O LALJI D PATEL AGED ABOUT 60 YEARS R/A AASHIRWAD, NO.17&18, SURVERY NO 5/4, BEHIND SBI, AMRUTHALLI, BANGALORE-560 092.
43. SHRI VISHRAM PATEL S/O LALJI D PATEL AGED ABOUT 60 YEARS, R/A AASHIRWAD, NO.17&18, SURVEY NO 5/4, BEHIND SBI, AMRUTHALLI, BANGALORE-560 092.
44. ANAND TIMBERS BELLARY ROAD (HYDERABAD ROAD) OPP G.K.V.K. BYATARANAYAPURA, BENGALURU-560 092 REP. BY ITS PARTNER SHRI PANKAJ PATEL, S/O PURUSHOTTAM SAMJI PATEL AGED ABOUT 29 YEARS R/A 1062/1063, ABOVE ANAND TIMBER AND PLYWOOD, DR. AMBEDKAR MEDICAL COLLEGE ROAD, KAVALABYRASANDRA, R.T. NAGAR POST, BENGALURU-560 032.
45. SHRI PANKAJ PATEL S/O PURUSHOTTAM SAMJI PATEL, AGED ABOUT 29 YEARS, R/A 1062/1063, ABOVE ANAND TIMBER AND PLYWOOD, DR. AMBEDKAR MEDICAL COLLEGE ROAD, KAVALABYRASANDRA, R.T. NAGAR POST BENGALURU-560 032.
46. BHAGWATI TIMBERS #9/1B, B.B. ROAD, OPP G.K.V.K. BYATARANAYANAPURA, BENGALURU-560 092 REP. BY ITS PARTNER SHRI LAKHAMSI PATEL S/O RAJA PATEL AGED ABOUT 50 YEARS, R/A DOOR NO.3, KHB COLONY, 2ND FLOOR, 7TH CROSS, GANDHINAGAR, YELAHANKA, BENGALURU-560 064.
47. SHRI LAKHAMSI PATEL, PARTNER S/O RAJA PATEL, AGED ABOUT 50 YEARS, R/A DOOR NO.3, KHB COLONY, 2ND FLOOR, 7TH CROSS, GANDHINAGAR, YELAHANKA, BENGALURU-560 064.
48. UMIYA WOOD INDUSTRIES NO.95, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BANGALORE-560026 REPRESENTED BY ITS PARTNERS, SHRI JAIKUMAR, S/O DILIP M PATEL, AGED ABOUT 28 YEARS, R/A NO.165, 6TH CROSS, BAPUJI LAYOUT, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE-560 040.
49. SHRI JAIKUMAR S/O DILIP M PATEL, AGED ABOUT 28 YEARS R/A NO.165, 6TH CROSS, BAPUJI LAYOUT, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE-560040.
... PETITIONERS (BY SMT. SWAMINI GANESH A/W SRI B R. SRIVATSA, ADVOCATES FOR SRI SANDEEP PATIL, ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE AND COOPERATION, KRISHI BHAVAN, NEW DELHI – 110 001.
2. DIRECTOR OF PLANT PROTECTION QUARANTINE AND 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 SMT.H R ANITHA, CGC FOR R1-3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER 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 AND ETC.
IN W.P.No.33285/2016 BETWEEN:
U.K.MONU TIMBERS NH 66, KALLAPU, POST PEMANNUR MANGALORE – 575 017 REPRESENTED BY ITS MANAGING PARTNER U.K.MONU. …PETITIONER (BY SRI ZULFIKIR KUMAR SHAFI, 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 N.H.IV, FARIDABAD HARYANA-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 SMT.H R ANITHA, CGC FOR R1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECTION THAT THE IMPOSING OF INSPECTION FEE UDNER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) No.1037 DATED 18.11.2003 (VIDE ANNEX-C) ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
IN W.P.No.33281/2016 BETWEEN:
M/S. KANACHUR SEASONING INDUSTRIES NH 66, KALLAPU, POST PEMANNUR MANGALORE-575 017 REPRESENTED BY ITS MANAGING PARTNER U.K MONU.
... PETITIONER (BY SRI ZULFIKIR KUMAR SHAFI, 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 N.H.IV, FARIDABAD HARYANA-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 SMT.H R ANITHA, CGC FOR R1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THAT THE IMPOSING OF INSPECTION FEE UDNER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) No.1037 DATED 18.11.2003 VIDE ANNEX-C ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
IN W.P.No. 5417/2018 BETWEEN:
ASHOK TIMBER TRADING COMPANY REGISTERED OFFICE AT:2751/1 MYSURU ROAD, N.T.Y. LAYOUT BENGALURU – 560 026.
REPRESENTED BY ITS PARTNER:
SRI KISHORE PATEL AGED ABOUT 57 YEARS. …PETITIONER (BY SRI Y RAJENDRA PARASAD SHETTY, ADV. .-ABSENT) 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 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 MANGALURU – 575 011.
4. THE OFFICER IN CHARGE PLANT QUARANTINE STATION HEBBALA BHOOPSANDRA ROAD HAFARM POST, BENGALURU – 560 024.
… RESPONDENTS (BY SMT. H.R.ANITHA, CGC FOR R1 -4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEX-B) DATED 18.11.2003 ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC.
IN W.P.No. 5418/2018 BETWEEN:
SRI DURGA EXPORTS REGISTERED OFFICE AT No.14/2 MURUKANAHALLI POST HONNENAHALLI VILLAGE SHILANERE HOBLI, K..R.PETE TALUK MANDYA – 571 426.
STATE OF KARNATAKA. …PETITIONER (BY SRI Y RAJENDRA PARASAD SHETTY, ADV.-ABSENT) 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 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 MANGALURU – 575 011.
4. THE OFFICER IN CHARGE PLANT QUARANTINE STATION HEBBALA BHOOPSANDRA ROAD HAFARM POST, BENGALURU – 560 024.
… RESPONDENTS (BY SMT. H.R.ANITHA, CGC FOR R1 -4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEX-B) 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.42989/2017 BETWEEN:
SWADESH ASSOCIATES HAVING ITS OFFICE AT ZUBEDA KASSAM FARMS, P.O.KALHE BARAPAD TALUKA PANVEL DIST. RAIGAD-410 206 AND No.85, VICTORIA ROAD MUSTAFA BAZAR, BYCULLA MUMBAI – 400 010.
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.
…PETITIONER (BY SRI Y RAJENDRA PARASAD SHETTY, ADV.-ABSENT) 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 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 MANGALURU – 575 011.
4. THE OFFICER IN CHARGE PLANT QUARANTINE STATION HEBBALA BHOOPSANDRA ROAD HAFARM POST, BENGALURU – 560 024.
… RESPONDENTS (BY SMT. H.R.ANITHA, CGC FOR R1 -4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE ANNEX-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.48459/2018 BETWEEN:
M/S.MAK PLYWOOD INDUSTRIES PRIVATE LIMITED, KUNJATHUR PADAVU, POST KUNJATHUR MANJESHWAR – 671 323 KASARGOD DISTRICT – KERALA.
REPRESENTED BY SRI MAHESH V MANAGER OPERATIONS S/O VENKATAIAH G AGED ABOUT 39 YEARS R/AT 640, 10TH ‘B’ MAIN ROAD 3RD STAGE, 4TH BLOCK BASAVESHWARNAGAR BENGALURU – 560 079. …PETITIONER (BY SMT. SWAMINI GANESH A/W SRI R B SRIVATSA ADVOCATES FOR SRI SANDEEP PATIL, 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 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 MANGALURU – 575 011.
… RESPONDENTS (BY SMT. M C NAGASHREE, CGC FOR R1 -3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DECLARE THAT THE IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER 2003, DATED 18.11.2003 (VIDE ANNEXURE – C) ON THE TIMBER IMPORTED FROM OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW AND ETC THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING;
O R D E R Sri. Y. Rajendra Prasad, learned counsel for petitioners, absent.
Smt. H.R. Anitha, learned Central Government Council for respondents.
Heard. Perused the records.
2. In these writ petitions filed under Articles 226 and 227 of the Constitution of India the petitioners inter alia have assailed the validity of the respondent in imposing the inspection fee under Schedule IX of the Plant Quarantine Order (Regulation of Import into India) Order 2003 vide order dated 18.11.2003 on the timber imported from other countries as well as the validity of the respondents to impose penalty which is quantified at five times of the normal applicable inspection fee in terms Clause 14(2) of the Plant Quarantine Order (Regulation of Import into India) Order 2003.
3. When the matter was taken up today, learned counsel for petitioners, after arguing the matter to some extent seeks leave of this Court to withdraw the writ petitions with a liberty to assail the constitutional validity of the Destructive Insects and Pests (Amendment and Validation) Act, 1992.
4. In view of the aforesaid submission, the writ petitions are disposed of with liberty to the petitioners to challenge the validity of the aforesaid Act as well as validity of Schedule IX of the Plant Quarantine Order. Needless to state that in case the petitioners file a writ petition within a period of two weeks from today, the interim order granted on earlier occasion shall continue.
With the aforesaid direction, the petitions stand disposed of.
Sd/- JUDGE.
LRS.
Ct.sm