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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 01^st DAY OF JULY 2021

BEFORE

THE HON9BLE MR. JUSTICE H.T.NARENDRA PRASAD

WRIT PETITION No.147959/2020 (GM-RES)

BETWEEN:

M/S SAFECON LIFESCIENCES

A PROPRIETARY CONCERN,

HAVING ITS REGISTERED OFFICE AT

VILLAGE LALPUR,

KICHCHA-RUDRAPUR ROAD,

RUDRAPUR, U.S. NAGAR,

STATE: UTTARAKHAND-563148,

REPRESENTED BY ITS

AUTHORISED REPRESENTATIVE

SRI.GANESH SOORI,

AGE: 39 YEARS, OCC: EMPLOYED,

R/O: NAVANAGAR,TQ: HUBBALLI,

DIST: DHARWAD-580021.

...Petitioner

(By Sri K L PATIL & Sri S A SANDUR, ADV.)

AND

1 .

THE STATE OF KARNATAKA

THROUGH DEPARTMENT OF ANIMAL HUSBANDRY

AND VETERINARY SCIENCE,

FIRST FLOOR,

PASHUPAALANA BHAVANA,

OPP. TO CBI OFFICE,

BALLARI MAIN ROAD,

HEBBAL, BENGALURU-560024,

REPRESENTED BY ITS COMMISSIONER.

2 .

THE ASSISTANT DRUGS CONTROLLER

HUBLI DIVISION CIRCLE-2

R.S. NO.329B PLOT NO.25A,

TAJANAGAR MAIN ROAD,

2

OPP. FIRE BRIGADE QUARTERS,

EKATANAGAR, UNKAL POST,

TQ: HUBBALLI,

DIST: DHARWAD-580031.

3 .

THE KARNATAKA SHEEP AND

WOOL DEVELOPMENT CORPORATION,

KURI BHAVAN,

VETERINARY COLLEGE CAMPUS,

BENGALURU-560024,

REPRESENTED BY ITS

MANAGING DIRECTOR.

4 .

THE KARNATAKA SHEEP AND

WOOL DEVELOPMENT CORPORATION,

VETERINARY HOSPITAL COMPUND,

DHARWAD-580001,

REPRESENTED BY ITS

ASSISTANT DIRECTOR.

5 .

REGINAL DRUG TESTING LABORATORY

NO.23 TO 29, FIRST FLOOR,

DOLLAR HEIGHTS,

DOLLARS COLONY,

GOKUL ROAD, HUBBALLI,

DIST: DHARWAD-580030,

BY ITS AUTHORISED REPRESENTATIVE.

&..Respondents

(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1 & R2;

R3 & R4 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO 1.ISSUE WRIT IN THE

NATURE

OF

CERTIORARI

QUASHING

THE

IMPUGNED

TEST

ANALYSIS REPORT BEARING MR NO.1934-HUB-19-20/MD 1-1565

DATED 21/04/2020 ISSUED BY RESPONDENT NO.5 WHICH IS AT

ANNEXURE-A1 AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

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ORDER

In this writ petition, the petitioner has sought the

following relief:

1. Issue writ in the nature of certiorari quashing the

impugned test analysis report bearing MR No.1934-

HUB-19-20/MD 1-1565 dated 21.04.2020 issued by

respondent No.5 which is at Anneure-A1.

2. Consequently, issue a writ in the nature of certiorari

quashing

the

impugned

notice

bearing

CAH/VMC/CR-OR/NSQ/2020-21/68 dated 3.07.2020

issued by respondent No.2 which is at Annexure-E

and

second

notice

bearing

CAH/VMS/CR-

04/NSQ/2020-21/121 dated 25.08.2020 issued by

respondent No.2 which is at annexure-F in the

interest of justice and equity.

3. Consequently, issue a writ in the nature of

mandamus directing respondents to conduct the

test analysis report as per the prescribed procedure

by taking into consideration to method adopted by

t he Manufacturer/petitioner.

4. Consequently, issue a writ in the nature of

mandamus directing respondent NO.1 to obtain t he

test analysis report from the testing lab at Ballari,

in the interest of justice and equity.

5. Any other reliefs which the Hon9ble Court deems fit

for the facts a nd circumstances of the case.

2. Brief facts of the case is that, the petitioner is a

proprietary concern business entity which is engaged in the

business of manufacture and supply of veterinary medicines.

Pursuant to the tender called by the 3^rd respondent for supply

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of Safemec-CT (veterinary medicine) in various districts of

Karnataka in the month of December 2019 for a period of two

years, the petitioner applied for the same and was the

successful bidder. The tender was allotted in favour of the

petitioner and the petitioner was carrying out his work for

respondent No.3-Corporation by supplying the medicine to 28

districts of Karnataka. When things stood thus, the Assistant

Drugs Controller, Hubli Division circle, Dharwad, has collected

the samples of the drugs after following the procedure

prescribed under Section