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2025 DAILYLAW 21685 (KAR)

M/S. SHINE CROP CARE PVT LTD v. STATE OF KARNATAKA

WP/10182/2025 · 2025-05-02

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17942 WP No. 10182 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10182 OF 2025 (GM-RES) BETWEEN: M/S. SHINE CROP CARE PVT LTD., A PRIVATE LIMITED COMPANY, NO. 6-32, SHED NO. 6-119/3, LAXMA REDDY PALEM, PEDDA AMBERPET VILLAGE, ABDULLAPURMET MANDAL, HAYATHNAGAR, RANGA REDDY DISTRICT, TELANGANA STATE - 50505 REG. UNDER COMPANIES ACT. REPRESENTED BY ITS MANAGING DIRECTOR, SRI. G.KISHORE, S/O G. INNAIAH. AGED ABOUT 40 YEARS. SALES/AT PLOT NO. 7/A, WARD NO 5, 1 CROSS, APMC YARD, BELLARY - 583 103, KARNATAKA STATE. …PETITIONER (BY SRI. SANGAMESH R.B, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17942 WP No. 10182 of 2025 AND: 1. STATE OF KARNATAKA DEPT. OF AGRICULTURE, M.S. BUILDING, VIDHANA VEEDHI, BENGALURU - 01, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER AND DIRECTOR OF AGRICULTURE, OFFICE OF DIRECTOR OF AGRICULTURE, SESHADRI ROAD, BENGALURU - 560 001. 3. THE JOINT DIRECTOR, O/O. JOINT DIRECTOR OF AGRICULTURE, SESHADRI ROAD, BENGALURU - 560 001. 4. INSECTICIDE INSPECTOR AND AGRICULTURE OFFICER, BENGALURU DISTRICT, SESHADRI ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES NOT TO INTERFERE WITH THE SALE AND DISTRIBUTION OF BIO PRODUCTS/BIO STIMULANTS BELONGING TO THE PETITIONER COMPANY, WHICH ARE MORE FULLY DESCRIBED IN THE SCHEDULE HEREUNDER OTHERWISE - 3 - NC: 2025:KHC:17942 WP No. 10182 of 2025 THEN IN ACCORDANCE WITH LAW AND TO STRICTLY FOLLOW THE GOVT ORDER DTD 23.02.2021 BEARING NO. SO 882(E) WHICH IS EXTENDED UP TO 16.06.2025 AT ANNEX-C AND D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Sangamesh R.B., learned counsel appearing for the petitioner and Shri Shamanth Naik, learned Additional Government Advocate appearing for the respondents. 2. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of M/S SHRI PAVAN AGRI LIFE SCIENCES Vs. STATE OF KARNATAKA & Ors.1, the Co-ordinate Bench has held as follows: "The learned Additional Government Advocate accepts notice for the respondent Nos.1 to 4. 1 W.P.No.34731/2024 Disposed on 19.12.2024 - 4 - NC: 2025:KHC:17942 WP No. 10182 of 2025 2. The petitioner seeks a directive to the respondents not to interfere with the sale and distribution of bio-products/bio-stimulants belonging to the petitioner company, as described in the Schedule herein, except in accordance with law, and to strictly adhere to the Government Order dated 23.02.2021 regarding the products listed, namely reads as follows: "AMINO GOLD, NITRO FLOWER, HIGHGROW HUMIC, EXODUN, AVANTHIKA-SP, ATREYA EX, SUMITRA, DHAMAKA-3, KVP 369, MAHADEVA-3, ROVIN, NAYAR, VESPA, PROTAAN, BILWA-500, KABIR XXX, RISHI-3, AJAXI-Z, PHYTOZOLE, KENEVIA, LIGER XL, THRISHUL-5, AATRI, LEGENDARY, SPALSTAR, PAVAN STAR, APOORVA, INDUS HELP, ANAKIN PLUS, AB MYCIN, NEEM AZAL, VALLABHA ZYME, BHOOVIN, OSHO, RULER, KINNARA, VB CARE, DYLAN-F, ALPHA, ELLORA, PINAKIN, RUBEN SAVERA." 3. The issue involved in this petition has been addressed by the Co-ordinate Bench of this Court in W.P.No.17633/2024 [GM-RES], disposed of on 25.07.2024. In that order, the respondents were directed not to interfere with the sale and distribution of bio-products/bio-stimulants except in accordance with law and to strictly follow the Government Order dated 23.02.2021, which has been extended until August 2025. 4. Accordingly, this petition is disposed of in terms of the order dated 25.07.2024 passed in W.P.No.17633/2024. - 5 - NC: 2025:KHC:17942 WP No. 10182 of 2025 3. In that light there shall be an order, as is passed by the Co-ordinate Bench, as the learned High Court Government Pleader is not in a position to dispute the position of law, as is laid down. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 57 CT: BHK