APHC010129442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7022/2025 Between: 1. KARSHAK CROP SCIENCES PVT LTD, PLOT NO. 148, 149 SP, APPLE AVENUE, INJAPUR, HAYATHI NAGAR, RANGA REDDY DISTRICT, HYDERABAD - 500070. REPRESENTED BY ITS AUTHORISED SIGNATORY MR. KURAKULA VEERESWARA RAO. 2. SRI KARSHAK SEEDS,, MAIN ROAD, KAREMPUDI (VILLAGE AND MANDAL) GUNTUR DISTRICT. REPRESENTED BY ITS SOLE PROPRIETOR, MR. TEDIA SIVA KRISHNA. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF AGRICULTURE, OFFICE OF THE COMMISSIONER AND DIRECTOR, CHUTTUGUNTA, GUNTUR DISTRICT - 522004. 3. THE DISTRICT AGRICULTURAL OFFICER, PALNADU, LINGAMAGUNTIA, NARSARAOPETA, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT HORTICULTURE OFFICER, PALNADU, SITUATED AT GUNTUR MEDICAL COLLEGE ROAD, KANNAVARI THOTA, GUNTUR DISTRICT, ANDHRA PRADESH. 2 5. THE HORTICULTURE OFFICER, MULAKALURU, VINUKONDA. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order. direction or writ more particularly one in the nature of Writ of Mandamus and declare that the impugned notice dated 04.03.2025 issued by the respondent no.3 as illegal, arbitrary, without any jurisdiction contrary to the provisions of the Seeds Act, 1966, the Seeds Rules, 1968, and the Seeds (Control) Order, 1983 and consequently set aside the same and direct the respondents not to take any action without following the due procedure established by law and pass such Counsel for the Petitioner(S): 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. GP FOR AGRICULTURE 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7022 of 2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “....to issue any order, direction or writ more particularly one in the nature of Writ of Mandamus and declare that the impugned notice dated 04.03.2025 issued by the respondent No.3 as illegal, arbitrary, without any jurisdiction contrary to the provisions of the Seeds Act, 1966, the Seeds Rules, 1968, and the Seeds (Control) Order, 1983 and consequently set aside the same and direct the respondents not to take any action without following the due procedure established by law …” 2. Heard Sri D.S.Sivadarshan, learned counsel for the petitioners and Ms. M. Sandhya Deepthi, learned Assistant Government Pleader for Agriculture for the respondents. 3. Learned counsel for the petitioners would submit that the impugned show cause notice in this matter was issued by respondent No.3, but it is the Seed Inspector who has been authorized under the statute and the rules to issue any show cause notice and conduct an enquiry in the manner prescribed under the relevant provisions i.e., Section 13 of the Seeds Act, 1966 and also Rule 23A of the Seeds Rules, 1968. Learned counsel would further submit that whatever action was initiated by respondent No.3 is quite contra to the statute and the rules. Learned counsel would further submit that this Court has passed an interim order dated 19.03.2025, suspending the impugned show cause notice dated 04.03.2025 bearing Rc.No.C-5/12/2025. 4 Learned counsel would finally submit that, by making the interim order as absolute, the petition may be disposed of. 4. Learned Assistant Government Pleader for Agriculture would submit that, since the show cause notice was issued by respondent No.3 instead of the Seed Inspector, as contemplated under the statute, and in the light of the interim order passed earlier, the petition may be disposed of by giving liberty to the respondent-authorities to initiate action against the petitioners according to law. 5. Considering the submissions made, in the light of the interim order dated 19.03.2025 and upon a fair look at the material placed before this Court, as rightly put by the learned counsel for the petitioners, since the show cause notice was issued by respondent No.3, who has no jurisdiction to conduct an enquiry, the impugned show cause notice is hereby set aside. However, the respondent-authorities are at liberty to initiate appropriate action against the petitioners according to law, if so advised. 6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.06.2026. UPS 5 144 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7022 of 2025 Dt.17.06.2026 UPS