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2026 DAILYLAW 31183 (KAR)

M/S. MEGHA AGROTECH PRIVATE LTD v. STATE OF KARNATAKA

WP/22125/2026 · 2026-07-22

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010486412026 NC: 2026:KHC:38113 WP No. 22125 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.22125 OF 2026 (GM-RES) BETWEEN: M/S. MEGHA AGROTECH PRIVATE LTD., CORPORATE OFFICE AT: COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 NO.196, ARAKERE, B.G. ROAD, BENGALURU - 560 076. REP. BY ITS MANAGING DIRECTOR SRI RANGANATHA PRASAD. …PETITIONER (BY SRI. HARIPRASAD Y., ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HORTICULTURE, NO.246, II FLOOR, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE DIRECTOR OF HORTICULTURE, KARNATAKA STATE HORTICULTURE DEPT. LALBAGH, BENGALURU - 560 004. 3. AGRICULTURE COMMISSIONER, AGRICULTURE COMMISSIONER OFFICE, SESHADRI ROAD, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010486412026 NC: 2026:KHC:38113 WP No. 22125 of 2026 4. THE COMMISSIONER, SERICULTURE DEPARTMENT, MULTISTOREYED BUILDING, BENGALURU - 560 001. 5. THE JOINT DIRECTOR OF HORTICULTURE (HEG-PMU), LALBAGH, BENGALURU - 560 004. …RESPONDENTS (BY SRI.MOHAMMED JAFAR SHAH, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AT ANNX-J DATED 07/07/2026 PASSED BY THE 2ND RESPONDENT AS AGAINST THE LAW AND SAME IS ILLEGAL WITHOUT JURISDICTION AND ETC., 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. Learned AGA is directed to accept notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs: “The Appellant prays this Hon'ble Court to issue writ/writs in the following nature - 3 - HC-KAR CNR: KAHC010486412026 NC: 2026:KHC:38113 WP No. 22125 of 2026 (a) Issue writ of certiorari and quash the impugned order at ಸಂ :ೕಇ/ೕಅ (ಹ ೕ)/ ಸೕ /ಸೕ ಅ-3/3/2025-26 at Annexure-J dated 07.07.2026 passed by the 2nd respondent as against the law and same is illegal without jurisdiction (b) Allow the writ petition with cost; (c) Grant any relief/s as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice.” 3. The petitioner was registered under the Per Drop More Crop (PDMC) Scheme. Respondent No.2 vide order dated 07.07.2026 while referring the matter to the State Level Sanctioning Committee (SLSC) for delisting of the Company for a period of one year in terms of Clause (iv) of item No.17.3 of the operation guidelines. 4. Clause 17.3 is reproduced hereunder for easy reference: 17.3 In case of violations in respect of failure in quality control & quality assurance and to provide maintenance & after sales service, following penalties shall be imposed: - 4 - HC-KAR CNR: KAHC010486412026 NC: 2026:KHC:38113 WP No. 22125 of 2026 i. First time in a year, a warning letter may be issued to the manufacturer instructing to rectify the short coming immediately. ii. Second time in same year, a warning letter may be issued to the manufacturer instructing to rectify the shortcoming immediately with a penalty of 10% of invoice value. iii. Third time in same year, a penalty of 25% of invoice value may be charged. iv. Fourth time in same year, a show cause notice may be issued to the company and the case may be refer to SLSC for de-listing the company for a period of one year or more as decided by SLSC.” 5. A perusal of Sub-clause(iv) of Clause 17.3 would indicate that, if there is a violation in respect of failure in quality control and quality assurance and providing maintenance and after sales service for the fourth time in the same year, a show cause notice may be issued to the company and the case may be referred to the SLC for de-listing the company for a period of one year or more as decided by SLSC. The decision is not that of the Director, but of the SLSC. The Director could at the most have referred the - 5 - HC-KAR CNR: KAHC010486412026 NC: 2026:KHC:38113 WP No. 22125 of 2026 matter to the SLSC and it is for the SLSC to pass necessary orders and taken necessary action. 6. In that view of the matter, this Court is of the considered opinion that the Director could not have suspended the registration of the petitioner while referring the matter to the SLSC. Once a reference is made to the SLSC, it is for the SLSC to consider whether there is any suspension order to be passed and what penalty is required to be imposed. 7. In that view of the matter, this Court passes the following ORDER (i) The writ petition is allowed. (ii) A certiorari has issued, the impugned order dated 07.07.2026 issued by respondent No.2 at Annexure- J is set aside. (iii) Now that the matter has been referred to the SLSC, it would be for the SLSC to take such decision as - 6 - HC-KAR CNR: KAHC010486412026 NC: 2026:KHC:38113 WP No. 22125 of 2026 may be necessary in accordance with the applicable rules and procedures. Sd/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 22