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2016 Supreme(UK) 67

U.C.DHYANI
Vishwanath Paper and Boards Ltd. – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pankaj Kumar Singh with Mr. Prem Prakash Singh Phartiyal, Advocates.
For the Respondent:Mr. Manoj Tiwari, Sr. Advocate assisted by Mr. Alok Mahra, Advocate.
For the State of Uttarakhand : Mr. P.C. Bisht, Standing Counsel.
For the Union of India : Mr. Pooran Singh Bisht, Standing Counsel.

JUDGMENT :

U.C. Dhyani, J.

1. Since the factual matrix of the above noted writ petitions and the law governing the field is the same, therefore, all the writ petitions are being decided together for the sake of brevity and convenience.

2. By means of present writ petitions, the petitioners seek following reliefs, among others:-

“(a) Issue a writ of declaration coupled with writ of certiorari or any other appropriate writ, order or direction declaring that the Guidelines on Access to Biological Resources and Associated Knowledge and Benefit Sharing Regulations, 2014 are applicable only to transactions involving non-Indian entities and do not apply to Indian entities who are not trading any biological resources with non-Indian entities or applying for intellectual property rights.

(b) Issue a writ of declaration or any other appropriate writ, order or direction, declaring that the activities undertaken by the petitioner company under the definition of ‘commercial utilization’ as contained in Section 2(f) of the Act.

(c) Issue a writ of declaration or any other appropriate writ, order or direction, declaring that waste paper is not covered under the definition of ‘biological resources’ as c












































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