HIRA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS petition has been filed for quashing the impugned notice 26-7-1999, Annexure 1 to the writ petition by which the petitioner has been directed to obtain a licence under the Seeds ( Control) Order, 1983 which was issued under the Essential Commodities Act. Rule 3 (1) of the Seeds (Control) Order states that: "no person shall carry on business of selling importing and exporting seeds on any place except under and in accordance with the terms and condition of licence granted to him under this Order. "

(3.) IN our opinion, this cannot be called selling, exporting or importing the seeds. Hence the petitioner cannot be required to take licence under the Seeds (Control) Order. He has already obtained the licence under the Fruit Nursery (Regulation) Act, 1976, as stated in paras 8 and 10 of the writ petition. The writ petition is, therefore, allowed and the impugned notice dated 26- 7-1999 is quashed. Writ petition allowed. .