IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28367 OF 2019(GM-RES) & WRIT PETITION NO.29336 OF 2019 Between:
1. M/s.Sree Lakshmi Ganesh Enterprises, V.Nagappa Colony, H.No.30, Cantonment, Jayaram Vidyalaya, Bellari-585 104.
Represented by its Proprietor, Smt.B.Sujatha.
2. M/s.Dhyanadeepa Agro Solutions, D.No.153, D-Block, APMC Yard, Davangere-577 003.
Represented by its Proprietor, Sri.B.M.Girish.
(By Sri.Sangamesh.R.B, Advocate) And:
1. State of Karnataka, Department of Agriculture, Rep. by Secretary, Vikasa Soudha, Bengaluru-01.
… Petitioners 2. The Director, Department of Agriculture, Sheshadri Road, Bengaluru-01.
3. Office of the Joint Director of Agriculture, M.S.Building, Bengaluru-01.
4. Insecticide Inspector and Agriculture Officer, Davanagere District, Davangere-577 003.
(By Smt.Prathima Honnapura, AGA) …Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents not to interfere with the manufacture, stocking, distribution and sales of the Bio/Natural products namely “SAGUN (100% Natural Diatomaceous Earth), manufacturers/packed by the petitioner No.1 and distributed/sold by the petitioner No.2 and etc.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Sangamesh.R.B, learned counsel for the petitioners.
Smt.Prathima Honnapura, learned Additional Government Advocate for respondents.
2. The petitioners are seeking for issue of mandamus to direct the respondents not to interfere with the manufacture, stocking, distribution and sales of Bio/Natural Products manufactured and distributed/sold by petitioner Nos.1 & 2.
3. The petitioners claim to be the manufacturers of Bio-Products called SAGUN (100% Natural Diatomaceous Earth). The grievance of the petitioners is that in view of the Circular No.SamV/Tham-1/JaiKina/2012-13 dated 28.08.2013 action is being taken against the petitioners without basis. Infact, the issue relating to such action being initiated had arisen for consideration in writ petition No.45191/2014 which was disposed off on 13-10-2014. This Court on taking note of a similar situation had indicated that the action proposed is only if there is any contravention of the Insecticides Act, 1968 and not otherwise.
4. Therefore in such circumstance, if the petitioners are manufacturing the said Bio Products, no action could be taken against them unless the respondents find violation of any of the provisions of the Insecticides Act. Therefore, in the instant case also, it is open to the respondents to take action in accordance with law only if there is contravention of the Insecticides Act and not otherwise on a random or general basis.
With the said directions, the writ petitions are disposed off.
Sd/- JUDGE dn/-