PESTICIDES ENTREPRENEUR ASSOCIATION BIHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the notification dated 16.9.1996 (Annexure -1), issued by the Government of Bihar in the Department of Agriculture, whereby certain directions have been issued regarding issuance of, and the conditions attached to, the licenses granted under the Insecticides Act, 1968 (hereinafter referred to as the Act), read with the Insecticides Rules, 1971 (hereinafter referred to as the Rules).

(2.) ACCORDING to the writ petition, the petitioner claims to be the Association representing the interest of the manufacturers, distributors, C & F Agents or persons selling, stocking, exhibiting for sale or distributing insecticides operation in Bihar. Such activities are governed by the Act, the Rules and the Insecticides (Price, Stock, Display and Submission of Reports) Order 1986 (hereinafter referred to as the 1986 Order). The State Government has issued the impugned notification whereby restrictions have been imposed, and fresh license/permission of the Director of Agriculture of the State of Bihar and/or of the Controller within the meaning of the 1986 Order is required to be obtained. The petitioner challenges the validity of the impugned notification on diverse grounds.

(3.) LEARNED Standing Counsel No. Ill has opposed the writ petition and supported the impugned order.