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2025 DAILYLAW 53582 (KAR)

PRKASH HYBRID SEEDS v. THE DEPUTY COMMISSIONER

WP/106150/2025 · 2025-09-08

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11459 WP No. 106150 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106150 OF 2025 (GM-RES) BETWEEN: PRAKASH HYBRID SEEDS BY ITS PROPRIETOR BASANAGOUDA RUDRAGOUDA SORATUR, AGE: 51 YEARS, OCC. BUSINESS, OPP. FOREST OFFICE, P.B. ROAD, RANEBENNUR-581 115, DIST. HAVERI. …PETITIONER (BY SRI. N.R. KUPPELUR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER HAVERI, DEVAGIRI, HAVERI, DIST. HAVERI-581115. 2. THE ASSISTANT DIRECTOR OF AGRICULTURE AND SEED INSPECTOR, DEPARTMENT OF AGRICULTURE, HALAGERI ROAD, NEAR KEB GRID, RANEBENNUR-581 115, DIST. HAVERI. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) TO ISSUE A WRIT IN THE NATURE CERTIORARI QUASHING THE IMPUGNED NOTICE DATED 24.06.2025 BEARING NO. ¸ÀPÀȤ,gÁ/vÁA- Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11459 WP No. 106150 of 2025 2/PÁ.PÉÃ./£ÉÆÃnøÀ/2025-26 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A. 2) TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED SHOW CAUSE NOTICE DATED 11.07.2025 BEARING NO. C£Á¸À/E¹J/gÁ¨É/©¹/ªÀ»/11/2025-26 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-C. 3) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO OPEN THE SEAL OF THE SHOP OF THE PETITIONER PRAKASH HIBRID SEEDS AND PERMIT HIM TO RUN THE BUSINESS, IN THE INTEREST OF JUSTICE. 4) TO ISSUE AN APPROPRIATE DIRECTION OR RELIEF WHICH DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: 1) to issue a writ in the nature certiorari quashing the impugned notice dated 24.06.2025 bearing no. ¸ÀPÀȤ,gÁ/vÁA- 2/PÁ.PÉÃ./£ÉÆÃnøÀ/2025-26 issued by the respondent no.2 vide Annexure-A. - 3 - HC-KAR NC: 2025:KHC-D:11459 WP No. 106150 of 2025 2) To issue a writ in the nature of certiorari quashing the impugned show cause notice dated 11.07.2025 bearing no. C£Á¸À/E¹J/gÁ¨É/©¹/ªÀ»/11/2025-26 issued by the respondent no.1 vide Annexure-C. 3) Issue a Writ of Mandamus directing the respondent no.2 to open the seal of the shop of the petitioner Prakash Hibrid Seeds and permit him to run the business, in the interest of justice. 4) To issue an appropriate direction or relief which deems fit under facts and circumstances of case. 3. While the petition was pending, respondent No.1 has passed an order on 02.09.2025 holding that the petitioner does not have the requisite license to deal with 1 variety of seeds as mentioned therein, but however has directed release of the seeds subject to furnishing indemnity bond for the value of the said seeds and directed respondent No.2 to take necessary action in relation thereto. 4. The said order answers the grievance of the petitioner inasmuch as it is now for respondent No.2 to ascertain - 4 - HC-KAR NC: 2025:KHC-D:11459 WP No. 106150 of 2025 if the petitioner has a license for vending the seeds as indicated in the said order and if such license is available, permit the petitioner to continue the vending insofar as those seeds are concerned. 5. Needless to say, insofar as any other seeds which are permitted to be sold under license available with the petitioner, the petitioner could continue to vend those seeds. 6. With the above observation, petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 0