- 1 - HC-KAR NC: 2026:KHC:34180 WP No. 19262 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19262 OF 2026 (GM-RES) BETWEEN: 1. M/S S.P.Y. AGRO INDUSTRIES LTD, NO. 8-3-833, PLOT NO. 188, 1ST FLOOR, PHASE - II, KAMALAPURI COLONY, HYDERABAD, TELANGANA-500073 (CIN: U01100TG2005PLC045887) REPRESENTED BY ITS DIRECTOR, MRS. SANNAPU REDDY SUJALA (M/A 49YRS) INCORPORATED UNDER THE COMPANIES ACT, 1956 …PETITIONER (BY SRI. ZEBRAN AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE KARNATAKA STATE MEDICAL SUPPLIES CORPORATION LTD, NO.1, Dr. SIDDAIAH PURANIK ROAD, K.H.B COLONY, MAGADI ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34180 WP No. 19262 of 2026 BANGALORE 560 079. …RESPONDENTS (BY SRI. SUMANTH NAIK, AGA FOR R1; SMT. SUMANA BALIGA, AGA FOR R2) THIS WRIT PETITOIN IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING (A) TO QUASH THE IMPUGNED LETTER DATED 03.07.2020 BEARING ORDER NO.DCD/ADCB2/Test/01/2020-21(ANNEXURE-C) ISSUED BY THE RESPONDENT AND DIRECT TO DROP ALL CONSEQUENTIAL IMPUGNED RECOVERY PROCEEDINGS PURSUANT TO THE LEGAL NOTICE DATED 10.06.2025 (ANNEXURE-D). (B). GRANT ANY OTHER RELIEF IN FAVOR OF THE PETITIONER AS THIS HON'BLE COURT DEEMS FIT PERTAINING TO THE FACTS AND CIRCUMSTANCES OF THE ABOVE CASE, IN THE INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: ”a) To quash the impugned letter dated 03.07.2020 bearing order No.DCD/ADCB2/Test/01/2020- 21(Annexure-C) issued by the respondent and direct to drop all consequential impugned recovery proceedings pursuant to the legal notice dated 10.06.2025 (Annexure-D). - 3 - HC-KAR NC: 2026:KHC:34180 WP No. 19262 of 2026 b) Grant any other relief in favor of the petitioner as this Hon'ble Court deems fit pertaining to the facts and circumstances of the above case, in the interest of justice, equity and good conscience." 2. The grievance of the petitioner is that a notice having been issued by respondent No.2 for recovery of certain amounts, there is a possibility of recovery proceedings being initiated by respondent No. 2 and in that background, the aforesaid reliefs have been sought for, for a direction to the respondents to drop recovery proceedings. 3. The submission of learned counsel for the petitioner is that there is a violation of subsection (4) of Section 23 of the Drugs and Cosmetics Act, 1940 insofar as the sampling is concerned and as such, no recovery proceedings could be initiated. 4. Any violation as alleged by the petitioner or otherwise, is a defence in the recovery proceedings, - 4 - HC-KAR NC: 2026:KHC:34180 WP No. 19262 of 2026 if at all initiated by respondent No.2, the same cannot be considered in a writ petition to issue a certiorari to quash the legal notice and/or mandamus directing the respondents not to take any action. 5. Reserving liberty to the petitioner to agitate all his defences in the proceedings if at all initiated by respondents, the petition stands disposed of. In view of disposal of the main petition, I.A. No.1/2026 does not survive for consideration. Accordingly, I.A. No.1/2026 stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VBS List No.: 1 Sl No.: 10