NIZIVEEDU SEEDS PVT LTD Vs. REGISTRAR, PROTECTION OF PLANT VARIETY & FARMERS RIGHTS AUTHORITY NATIONAL ACADEMY OF AGRICULTURAL SCIENCES

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of the learned Single Judge, dated 9.3.2012, by which His Lordship was pleased to dismiss the writ petition on the question of jurisdiction without deciding the matter on merit. The writ petition (W.P. No.26300 of 2010) was filed by the petitioner for the reliefs as set out hereunder:

(2.) A writ of Mandamus declaring the advertisement of the 2nd respondents applications in respect of MRC -7918, MRC -7041 BGII and MRC -7160 varieties in the Plant Variety Journal of India without following the due procedure specified under the provisions contained in Sections 19, 20, 21 read with Rules 29 and 30 of Protection of Plant Varieties and Farmers Rights Act, 2001 as illegal and unconstitutional and for other allied reliefs.

(3.) AFTER the counter -affidavits were filed before the learned trial Judge, the writ petition was called upon to be disposed of finally on the mention made by the learned lawyer for the 2nd respondent that the jurisdictional issues involved in the above writ petition were covered by the judgment rendered by the Division Bench on 24.1.2012 in W.A.No.651 of 2010 and batch of cases.