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2018 DIGILAW 296 (JHR)

Plant Remedies (P) Ltd. v. State of Jharkhand

2018-02-05

ANUBHA RAWAT CHOUDHARY

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JUDGMENT : Mr. Arpan Mishra, Junior counsel to Mr. Indrajit Sinha, counsel appearing on behalf of the petitioner submits that he has no instruction in the matter. 2. Heard Mr. Shadab-Bin-Haq, counsel appearing for the respondents submits that this writ petition has been filed for the following relief which reads as under:- “(i) An appropriate writ, order or direction for quashing the press notice published in the newspaper Hindustan, Ranchi Edition dated 30th May, 2010 under the signature of the deputy Director, Agriculture, Plant Protection, Ranchi whereby and whereunder the insecticides dealers of Jharkhand have been directed to stop sale/business of insecticides manufactured by the petitioner’s firm in the State of Jharkhand, failing which action will be taken against the dealer dealing in insecticides in the State of Jharkhand manufactured by the petitioner’s firm.” (a) He refers to para-7 of the writ petition which reads as follows:- “7. That the petitioner states that the authorities assured the petitioner that very soon, he will be granted license, accordingly, the petitioner started business of its products at the place notified in the application for license at Ranchi from 2006.” (b) He also refers to para-8, 9 & 10 to the counter-affidavit which reads as follows:- “8. That it may be stated that the petitioner has not applied for grant of license for stored and sales as per the Insecticides Act, 1968 and Rule 1971. 9. That it may be stated that the petitioner had filed an application in Form-VI of the Insecticides Rule 1971, but he did not enclose Form VI-D of the Insecticide Rule 1971 for manufacture of insecticides. Therefore, the Director of Agriculture-cum-Licensing Authority has not issued license for stock and sales in the State of Jharkhand. As per Rule 10 (4-A) of the Insecticide Rule 1971, every persons shall along with his application for grant or renewal of license to undertake pest control operation or sale, stock or exhibit for sale or distribute insecticides, file a certificate from the Principal whom he represents or desires to represent in Form-VI D. 10. That it may be stated that in the aforesaid case, now the petitioner-company itself is a manufacturing company of insecticides, but the petitioner-company did not produce any certificate of manufacturer. Therefore, the answering respondents had not issued license to the petitioner.” 3. That it may be stated that in the aforesaid case, now the petitioner-company itself is a manufacturing company of insecticides, but the petitioner-company did not produce any certificate of manufacturer. Therefore, the answering respondents had not issued license to the petitioner.” 3. According to the counsel for the respondents this writ petition has been filed in anticipation that the petitioner would be getting his license but in fact no license has been granted to the petitioner therefore the petitioner has got no authority in law to do any business in State of Jharkhand, he further submits that the application for grant of license was also defective. 4. Considering the facts and circumstances of this case, particularly the stand taken by the respondents in the counter-affidavit that the petitioner was not having any valid license to do business in the State of Jharkhand. I find that no relief can be granted to the petitioner. 5. Accordingly, this writ petition is dismissed.