IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50996/2019(GM-RES) SHANMUKHA AGRI TECH LIMITED, OFFICE ADDRESS D. NO. 1131/2B2-2A1-2B1, GROUND FLOOR, B.K. BASAVALINGAPPA AND SON’S COMPLEX, APMC YARDS B-BLOCK, DAVANAGERE, KARNATAKA 577003.
MANUFACTURE ADDRESS, SHANMUKHA AGRITECH LTD, SY. NO. 170/A, ANANTHARAM VILLAGE, GUMMADIDALA, SANGAREDDY DISTRICT, TELAGANA 502313.
REPRESENTED BY ITS GENERAL MANAGING, SRI. U. RAGHAVA RAO.
(BY SRI SANGAMESH R. B., ADVOCATE) AND:
1 . STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE, REP. BY SECRETARY, VIKASA SOUDHA, BANGALORE 01 2 . THE DIRECTOR DEPARTMENT OF AGRICULTURE, SHESHADRI ROAD, BANGALORE 01.
3 . OFFICE OF THE JOINT DIRECTOR OF AGRICULTURE ...PETITIONER VIKASA SOUDHA, BANGALORE 01.
4 . INSECTICIDE INSPECTOR AND AGRICULTURE OFFICER, DAVANAGERE DISTRICT, DAVANAGERE-577003.
(BY SRI K. DILIP KUMAR, HCGP) … …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE MANUFACTURE, STOCKING DISTRIBUTION AND SALES OF THE BIO OR NATURAL PRODUCTS MANUFACTURES OR PACKED AND DISTRIBUTED OR SOLD BY THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought for a writ of mandamus directing the respondents not to interfere with the manufacturing, stocking, distribution and sales of the Bio/Natural Products manufactured/packed and distributed/sold by it.
2. It is the case of the petitioner that it is manufacturing/packaging agent of Bio Natural Products having sales in Karnataka and the products are not coming within the purview of the Insecticide Act as the substances used for manufacture of these products are not falling within the schedule of substances shown under the Insecticides Act, 1968. The respondents, who are acting under the Government are not only interfering with the Sales of the products but also on the basis of the impugned Circular 28.8.2013 are harassing the production and sales of these products by the petitioner in the State of Karnataka. Therefore, the petitioner is before this Court for a writ of mandamus as sought for.
3. On taking notice for respondent Nos.1 to 4, Sri K. Dilip Kumar, learned High Court Government Pleader on instructions submits that first of all the respondents are not at all interfering with the business of the petitioner as alleged in the petition. He contends that if the products manufactured and sold by the petitioner are not falling within the purview of the provisions of the Insecticides Act, 1968, the respondents will not interfere and only if there is any contravention of the provisions of the Insecticide Act in the guise of manufacturing the products as alleged by the petitioner, the respondents will proceed against it after following the procedure in accordance with law. The said submission is placed on record.
4. Having heard the learned Counsel for the parties, it is the specific case of the petitioner that it is the manufacturing/packaging agent of Bio/Natural Products and the bio/natural products are not coming within the purview of the Insecticide Act. If the petitioner is not violating the provisions of the Insecticide Act, the respondents cannot interfere with the Manufacturing, Stocking and Sales of the products by the petitioner in accordance with.
5. If the petitioner proceeds with the production of Bio Natural Products, no action can be taken against it, unless and until the provisions of the Insecticides Act are violated and even otherwise the respondents cannot interfere with the day to day business of the petitioner.
6. In view of the above, writ petition is disposed off directing the respondents not to interfere with the manufacturing, stocking, distribution and sales of Bio Natural Products by the petitioner.
7. However, it is needless to observe that it is always open for the respondents/appropriate authorities to take action against the petitioner in case there is any contravention of the provisions of the Insecticides Act by the petitioner after following the procedure in accordance with law.
Sd/- Judge Nsu/-