High Court Punjab-Haryana High Court

Prathista Industries Ltd vs State Of Punjab & Another on 19 November, 2008

Punjab-Haryana High Court
Prathista Industries Ltd vs State Of Punjab & Another on 19 November, 2008
C.W.P. No.3983 of 2007                                                  -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                 C.W.P. No.3983 of 2007
                                                 Decided on : 19-11-2008

Prathista Industries Ltd.
                                                                .... Petitioner
                    VERSUS

State of Punjab & another
                                                             .... Respondents

CORAM:-HON’BLE MR. JUSTICE HEMANT GUPTA.

HON’BLE MR. JUSTICE NAWAB SINGH.

1.Whether Reporters of local papers may be allowed to see the judgment ?

2. To be referred to the Reporters or not ?

3.Whether the judgment should be reported in the Digest ?

-.-

Present:- Dr. Anmol Rattan Sidhu, Sr. Advocate with
Mr. Kulwinder Singh, Advocate for the applicant-petitioner.

Mr. Sandeep Moudgil, D.A.G., Punjab.

HEMANT GUPTA, J

The petitioner has invoked the writ jurisdiction of this Court to

permit the petitioner for the sale and distribution of bio-products including

from the licensed premises of the dealers/stockists in the State of Punjab

under the Insecticides Act, 1968 and Fertilizers Control (Order) Act, 1985.

It is the case of the petitioner that they have set up first bio-

agriculture product plant in the year 1998 and the petitioner is selling their

bio-products and organics fertilizers in the different States of the country.

The petitioner intends to market these alleged bio-agriculture products

through its dealers/distributors in the State of Punjab. It is objected by the

State on the ground that the petitioner wants to sell those products which are

not covered under the Fertilizer Control Order , 1985.
C.W.P. No.3983 of 2007 -2-

The petitioner has appended Annexure P-14 letter dated

17.10.2008 issued by Indian Council of Agriculture Research. The said

leter is to the effect that the request of the petitioner for conformation of

Bio-efficacy report, is not dealt with by headquarters of Indian Council of

Research. But the petitioner was advised to keep in touch with Regional

Centres to test the organic products of the petitioner as per Indian Council

of Agriculture Research norms.

It is admitted fact that the petitioner has not sought the alleged

bio-products tested from Punjab Agriculture University, the expert institute

in respect of the fertilizers/insecticides to be permitted to be used keeping in

view the ground conditions of Punjab. It is also required to be verified

whether the products sought to be marked by the petitioner, have any

chemical content and to what extent and whether such product is suitable

for the use by farmers in the State of Punjab.

In view of the said fact, we dispose of the present writ petition

with liberty to the petitioner to get its bio-products tested from Punjab

Agriculture University in accordance with law before the petitioner can be

permitted to market products from its network of dealers and distributors in

the state of Punjab.




                                                    (Hemant Gupta)
                                                        Judge



19th November 2008.                                 (Nawab Singh)
Monika                                                  Judge