MAHARASHTRA HYBRID SEEDS CO LTD Vs. UOI

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred to assail the order dated 17.11.2011 passed by Mr. Manoj Srivastava, Registrar of Plant Varieties Registry, New Delhi.

(2.) The background facts are that the petitioner made several applications for registration of its plant varieties under the Protection of Plant Varieties and Farmers' Rights Act, 2001 (the Act), in April 2008. According to the petitioner, these applications were accepted by respondent No. 2, i.e. the Protection of Plant Varieties & Farmers' Rights Authority and advertised by him on 01.12.2008 to invite objections. Respondent No. 3, i.e. Nuziveedu Seeds Pvt. Ltd., filed its notice of objections to a couple of these applications on 26.02.2009. Some of these applications were advertised on 01.06.2009, and thereafter respondent No. 3 filed objections to these applications also on 12.08.2008 & 31.08.2009.

(3.) It appears that between 2009 and September 2010, the pleadings were completed and evidence by way of affidavit were filed by the parties. The respondent No. 2 fixed the hearing of the objections of respondent No. 3 in respect of all the applications on 17.11.2011.