UNITED PHOSPHOROUS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners herein have prayed to direct the respondent no. 2 to refrain from insisting on a permission to sell, stock or exhibit for sale or distribute insecticide/pesticide within the State of Gujarat.

(2.) The petitioner no. 1 carries on business of manufacture, production, distribution and sale of pesticides, insecticide etc under licence granted to it under section 13 of the Act. The respondent no. 2 issued directions insisting that in addition to license for sale, stock and distribution every person indenting to sell, stock or distribute insecticides and pesticides within the State of Gujarat should obtain permission form it. The petitioners addressed letters to various state governments pointing out that insistence on dealers for obtaining permission for sale of registered pesticides is non-statutory. However, being aggrieved by the insistence on the part of the respondent authorities, the present petition is preferred.

(3.) This matter was admitted on 09.08.2004 only on the ground that in a petition filed by the petitioners and others in the High Court of Bombay, being Writ Petition No. 4597/02, the Bombay High Court granted ad-interim relief.