Maharashtra Hybrid Seeds Company Limited (Mahyco), Hyderabad vs Government of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(AP) 722

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. Ramalingeswara Rao, J.
Maharashtra Hybrid Seeds Company Limited (Mahyco), Hyderabad - Appellant
Vs.
Government of Andhra Pradesh and Ors. - Respondents
W.P. No. 23678 of 2004
Decided On : 29-12-2016

Headnote:
Seeds Act, 1966 Section 5, 7, 8, 10, 14, 15, 17 19 and 20 - Clauses 8, 9 and 18 Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2007 - Essential Commodities Act, 1955 - Seeds Rules, 1968 - Seed manufacturers - Agreement executed - Seeking quash the consequential show cause notice - Manufacturers against the orders passed by the authorities in the purported exercise of power conferred on them by virtue of an agreement executed by the petitioners with the Government. The above Writ Petitions are filed for the following reliefs - Order of Certiorari quashing - Consequently quash the show cause notice - issued by the Office of the Commissioner & Director of Agriculture - Whereby power is given to the licensing authority to cancel/suspend the licence – Held,Writ Petitions are liable to be allowed. However, at this stage it is noticed that the amounts already deposited by the petitioners are in deposit with the appellate authorities subject to the result of the present Writ Petitions - Loss sustained by the farmers it was suggested to the learned counsel for the petitioners that the said amount can be utilised for compensating the farmers whoever can be identified though there is little possibility of identifying such farmers at this length of time of 12 years. Learned counsel for the petitioners and the learned Senior Counsel for the respondents fairly agreed for not claiming the refund of the amount already deposited and in such a situation it is left open to the Government either to compensate on pro-rata basis to the farmers who sustained loss or utilise the said amount for the welfare of the farmers in any manner it deems fit- Writ Petitions are, accordingly, allowed - Writ Petitions shall stand closed.

ORDER :

A. Ramalingeswara Rao, J.

1. All these Writ Petitions are being disposed of by this common order as they relate to the challenge made by the seed manufacturers against the orders passed by the authorities in the purported exercise of power conferred on them by virtue of an agreement executed by the petitioners with the Government. The above Writ Petitions are filed for the following reliefs.

Sl No.

Writ Petition No.

Name of the Petition

Relief/prayer

1.

23678 of 2004

Maharashtra Hybrid Seeds Company Ltd. (Mahyco)

(a) To pass a writ, order of Certiorari quashing the orders dated 02.11.2004 passed by respondent No.3 and consequently quash the show cause notice 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh;

(b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.

2.

23832 of 2004

Maharashtra Hybrid Seeds Company Ltd. (Mahyco)

(a) To pass an order/writ in the nature of Certiorari quashing the orders dated 14.10.2004 and 08.12.2004 passed by respondent No.2 confirming the order dated 17.08.2002 passed by respondent No.3 and quash the consequential show cause notice dated 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh;

(b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.

3.

23833 of 2004

Maharashtra Hybrid Seeds Company Ltd. (Mahyco)

(a) To pass an order/writ in the nature of Certiorari quashing the orders dated 14.10.2004 and 08.12.2004 passed by respondent No.2 confirming the order dated 17.06.2002 passed by respondent No.3 and quash the consequential show cause notice dated 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh;

(b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.

4.

23834 of 2004

Maharashtra Hybrid Seeds Company Ltd. (Mahyco)

(a) To pass an order/writ in the nature of Certiorari quashing the orders dated 14.10.2004 and 08.12.2004 passed by respondent No.2 confirming the order dated 29.04.2002 passed by respondent No.3 and quash the consequential show cause notice dated 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh;

(b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.

5.

4992 of 2005

M/s Leadbeter Seeds Private Limited.

To declare the action of the commissioner & Director of Agriculture, Hyderabad – cum – Chairman, State level MoU Committee, Hyderabad, in directing the petitioner company to pay compensation of Rs. 1,58,280/- under its Proceedings No. S&HVP(1) 453/Appeals/2004 dated 14.02.2005, confirming the Proceedings of the Joint Director of Agriculture, Guntur-cum-Chairman, District Level MOU Committee, Guntur in Roc.No.Plg.VII/2860/2004 dated 27.07.2004, as illegal.

6.

5764 of 2005

M/s seed Works India Private Limited.

To declare the action of the commissioner & Director of Agriculture, Hyderabad – cum – Chairman, State level MOU Committee, Hyderabad, in directing the petitioner company to pay compensation of Rs. 1,16,490/- under its Proceedings No.S&HVP(1) 453/Appeals/2004 dated 14.02.2005, confirming the Proceedings of the Joint Director of Agriculture, Guntur-cum-Chairman, District Level MOU Committee, Guntu

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Sl No.	Writ Petition No.	Name of the Petition	Relief/prayer
1.	23678 of 2004	Maharashtra Hybrid Seeds Company Ltd. (Mahyco)	(a) To pass a writ, order of Certiorari quashing the orders dated 02.11.2004 passed by respondent No.3 and consequently quash the show cause notice 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh; (b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.
2.	23832 of 2004	Maharashtra Hybrid Seeds Company Ltd. (Mahyco)	(a) To pass an order/writ in the nature of Certiorari quashing the orders dated 14.10.2004 and 08.12.2004 passed by respondent No.2 confirming the order dated 17.08.2002 passed by respondent No.3 and quash the consequential show cause notice dated 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh; (b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.
3.	23833 of 2004	Maharashtra Hybrid Seeds Company Ltd. (Mahyco)	(a) To pass an order/writ in the nature of Certiorari quashing the orders dated 14.10.2004 and 08.12.2004 passed by respondent No.2 confirming the order dated 17.06.2002 passed by respondent No.3 and quash the consequential show cause notice dated 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh; (b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.
4.	23834 of 2004	Maharashtra Hybrid Seeds Company Ltd. (Mahyco)	(a) To pass an order/writ in the nature of Certiorari quashing the orders dated 14.10.2004 and 08.12.2004 passed by respondent No.2 confirming the order dated 29.04.2002 passed by respondent No.3 and quash the consequential show cause notice dated 09.12.2004 issued by the Office of the Commissioner & Director of Agriculture, Andhra Pradesh; (b) Pass an order quashing clause 6 of the MoU whereby power is given to the licensing authority to cancel/suspend the licence.
5.	4992 of 2005	M/s Leadbeter Seeds Private Limited.	To declare the action of the commissioner & Director of Agriculture, Hyderabad – cum – Chairman, State level MoU Committee, Hyderabad, in directing the petitioner company to pay compensation of Rs. 1,58,280/- under its Proceedings No. S&HVP(1) 453/Appeals/2004 dated 14.02.2005, confirming the Proceedings of the Joint Director of Agriculture, Guntur-cum-Chairman, District Level MOU Committee, Guntur in Roc.No.Plg.VII/2860/2004 dated 27.07.2004, as illegal.
6.	5764 of 2005	M/s seed Works India Private Limited.	To declare the action of the commissioner & Director of Agriculture, Hyderabad – cum – Chairman, State level MOU Committee, Hyderabad, in directing the petitioner company to pay compensation of Rs. 1,16,490/- under its Proceedings No.S&HVP(1) 453/Appeals/2004 dated 14.02.2005, confirming the Proceedings of the Joint Director of Agriculture, Guntur-cum-Chairman, District Level MOU Committee, Guntu

2016 Supreme(AP) 722

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESHA. Ramalingeswara Rao, J.Maharashtra Hybrid Seeds Company Limited (Mahyco), Hyderabad - AppellantVs.Government of Andhra Pradesh and Ors. - RespondentsW.P. No. 23678 of 2004Decided On : 29-12-2016

Cases Referred (3)