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2018 Supreme(Bom) 227

R.K.DESHPANDE, M.G.GIRATKAR
Maharashtra Hybrid Seeds Co. (Pvt. ) Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Sunil Manohar, Senior Advocate, assisted by A.A. Naik, Advocate.
For the Respondents: M.J. Khan, Assistant Government Pleader.

JUDGMENT :

R.K. Deshpande, J.

1. The petitioner is a Company registered under the provisions of the Companies Act, 1956 and is engaged in the business of research, production, processing, marketing and sale of variety of hybrid seeds. The respondent Nos.1 to 3 are the authorities under the State Government exercising the control over the quality and quantity of agricultural inputs, processing, marketing and sale of seeds undertaken by the Companies, like the petitioner. The respondents perform their powers, functions and duties, as are conferred upon them, under the provisions of the Seeds Act, 1966, the Seeds Rules, 1968, the Seeds (Control) Order, 1983, the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009 and the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Rules, 2010.

2. The processing of cotton and non-cotton seeds of different varieties is done by the petitioner-Company in its processing unit located at Dhanora, Tehsil Nandura, District Buldana. All such processed seeds are then stored in the storage attached to it. The activity of weighment, packaging and labeling of all su

























































































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