Allowed¶91

Karnataka Timber Importers Association v. Union of India

Karnataka HC15 Jan 2025WP/36006/2019

Case brief

AI extract

What is this about?

Keywords: five-times inspection fee; differential/penal quarantine fee; Clause 14(2) Plant Quarantine (Regulation of Import into India) Order 2003; Clause 9 phytosanitary certificate; plant quarantine station BaiKampady Mangalore; timber importers NMPT Panambur; mandamus; writ petition GM-RES; Gujarat High Court SCA No. 16280/2021 (28.06.2022) followed; Article 19(g) (within quoted Gujarat order); Articles 226/227; Union of India; Ministry of Agriculture; Karnataka High Court Bengaluru; NC: 2025:KHC:1904; decided 15 January 2025; petition allowed.

What did the court decide?

Writ of Mandamus directed: respondents shall not insist on payment of the inspection fee at five times the normal rate under Clause 14(2) of the Plant Quarantine (Regulation of Import into India) Order, 2003 (vide Annexure-M). ¶91

Karnataka Timber Importers Association Vs Union… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶91

Issue for consideration

Whether the respondents can insist on payment of the inspection fee at five times the normal rate under Clause 14(2) of the Plant Quarantine (Regulation of Import into India) Order, 2003 when the petitioners' imported consignments conform to Clause 9 of the said Order and bear phytosanitary certificates issued in the country of export; the petitioners seek a Writ of Mandamus against such insistence.

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Court's answer

Taking note of the judgment passed by the Gujarat High Court in Special Civil Application No.16280/2021 along with connected matters disposed of on 28.06.2022, mandamus is ordered directing the respondents not to insist on payment of the inspection fee at five times the normal rate under Clause 14(2) of the Plant Quarantine (Regulation of Import into India) Order, 2003 (vide Annexure-M).

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Detailed headnote1 paragraphs

Karnataka High Court at Bengaluru (Jyoti Mulimani, J.; NC: 2025:KHC:1904), by order dated 15.01.2025, allowed Writ Petition No. 36006 of 2019 (GM-RES) filed by thirty-five timber importers, traders and saw mills operating at New Mangalore Port/Panambur, Bengaluru and Mysuru. The petitioners sought a Writ of Mandamus restraining the Union of India, the Director of Plant Protection Quarantine & Storage and the Plant Protection Officer (WS), Plant Quarantine Station, Mangalore, from insisting on payment of the inspection fee at five times the normal rate under Clause 14(2) of the Plant Quarantine (Regulation of Import into India) Order, 2003 (Annexure-M), where their consignments conformed to Clause 9 of the said Order and carried phytosanitary certificates issued in the country of export. Counsel for the petitioners submitted that the issue was squarely covered by the Gujarat High Court's disposal of Special Civil Application No.16280/2021 with connected matters on 28.06.2022, whose operative portion — reproduced in this judgment — declared Regulation 14(2) of Chapter VI of the said Order arbitrary and unreasonable and violative of Article 19(g) of the Constitution to the extent it charged fees of five times normal rates, quashing it and the subsequent Office Memorandums reiterating the penal fees to that extent. Taking note of that judgment, the Court ordered the mandamus sought and allowed the Writ Petition. The Court did not independently pronounce on the validity of Clause 14(2); its order rests on the Gujarat High Court decision. Respondents' memo with a Notification was placed on record.

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NC: 2025:KHC:1904 WP No. 36006 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 36006 OF 2019 (GM-RES)

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BETWEEN:

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KARNATAKA TIMBER IMPORTERS ASSOCIATION BEACH ROAD, NEW MANGALORE PORT PANAMUR MANGALORE-575 010. REPRESENTED BY ITS MEMBER. BABULAL V PATEL S/O VALJI GOPAL PATEL. AGED ABOUT 62 YEARS, RA/T NO.1123, DEVAKI NANDAN, RPC LAYOUT, HAMPINAGAR, BENGALURU-560 040.

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MYSORE TIMBER TRADING COMPANY, NO.5, MYSORE ROAD, NEW TIMBER YARD LAYOUT, BENGALURU-560 026. REPRESENTED BY ITS PARTNER. BABULAL V PATEL S/O VALJI GOPAL PATEL. Digitally signed by THEJASKUMAR N AGED ABOUT 62 YEARS, Location: High RA/T NO.1123, DEVAKI NANDAN, Court of Karnataka RPC LAYOUT, HAMPINAGAR, BENGALURU-560 040.

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M/S RANGANI TIMBERS HAVING ITS OFFICE AT NO.80, 2ND STAGE, INDUSTRIAL SUBURB, MYSURU SOUTH, MYSURU-570 008. REPRESENTED BY ITS PARTNER, SRI DHEERAJ KUMAR A PATEL. S/O SRI ABJI K PATEL. AGED ABOUT 42 YEARS,

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NC: 2025:KHC:1904 WP No. 36006 of 2019

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R/AT NO.831, 26^TH CROSS, 4^TH MAIN, VIDYARANYAPURA, MYSORE-570 008.

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M/S GEETHA TIMBERS, HAIVING ITS OFFICE AT NO.42/4, 2ND STAGE, INDUSTRIAL SUBURB, MYSURU SOUTH, MYSURU-570 008. REPRESENTED BY ITS PARTNER. SRI JAYANTHILAL SHIVAJI PATEL S/O SRI SHIVAJI KARSON PATEL, AGED ABOUT 44 YEARS, R/AT 42/H, 2^ND STAGE, INDUSTRIAL SUBURB, MYSURU SOUTH, MYSURU-570 008.

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K.M.PATEL & COMPANY PLOT NO.23, NMPT STOCKYARD, PANAMBUR, MANGALORE-575 010. REP BY ITS PARTNER, SRI ANKIT BABULAL PATEL, S/O BABULAL RANMAL PATEL., AGED ABOUT 32 YEARS, R/AT ASHIRWAD, 1-4/16-RAJAWADI, CHS, R.N.GANDHI ROAD, GHATKOPAR (E), MUMBAI-400 077.

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SAUDAGAR ENTERPRISES PLOT NO.27, INDUTRIAL AREA CROSS ROAD, PANAMBUR, MANGALORE-575 010. REP BY ITS PARTNER. SHRI PAWAR B S, S/O SHIVRAM PAWAR, AGED ABOUT 65 YEARS, R/AT 406, VINAYAKA APARTMENTS LADY HILL MANGALORE-575 006.

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TRISH IMPEX PRIVATE LIMITED TIMBER STOCK YARD, PANAMBUR,

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NC: 2025:KHC:1904 WP No. 36006 of 2019

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MANGALORE-575 010, REPRESENTED BY ITS DIRECTOR. SHRI RAJKUMAR S/O DHARARAM, AGED ABOUT 37 YEARS, R/O BOLIMAR HOUSE, KULLUR, MANGALURU-575 006.

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SANTOSH OVERSEAS TIMBER STOCK YARD PANAMBUR, MANGALOE-575 010. REP BY ITS PROPRIETOR, SHRI SHIVAJI MEGHAJI PATEL, S/O MEGHAJI, AGED ABOUT 61 YEARS, R/AT # 601, PAWAN APARTMENTS, JAIL ROAD, MANGALORE-575 003.

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GAUTAHAM IMPEX PRIVATE LIMITED TIMBER STOCK YARD, PANAMBUR, MANGALORE-575 010. REPRESENTED BY SHRI SHIVAJI PATEL, DIRECTOR. S/O MEGHAJI PATEL, AGED ABOUT 61 YEARS, R/AT 601, PAWAN APARTMENTS, JAIL ROAD, MANGALORE-575 003.

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GANESH SAW MILLS PRIVATE LIMITED NMPT TIMBER YARD, PANAMBUR, MANGALORE-575 010. REP BY ITS DIRECTOR, SHRI KHETHALAL R.PATEL S/O RATHNASI BHAI PATEL AGED ABOUT 62 YEARS, R/AT GANESH NIVAS, VIVEKANANDA CHOWK, NANDED ROAD, LATUR-413 412.

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SHA SHAMBHULAL NATHALAL & COMPANY RASK CHAMBERS, OPP CENTRAL MARKET,

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MARKET ROAD, MANGALORE-575 001. REP BY ITS PARTNER. SHRI PRIYANK P SANGHVI S/O PRADEEP R SANGHVI, AGED ABOUT 30 YEARS, R/AT G-1, ARIHANT APARTMENT, PINTO LANE, KADRI-KAMBALA ROAD, MANGALORE-575 004.

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LOGUS INDIA PRIVATE LIMTIED ASIK CHAMBERS, OPP CENTRAL MARKET, MARKET ROAD,, MAGNALORE-575 001. REP BY ITS MANAGER SHRI UMESH RAO S/O VENKAT RAO, AGED ABOUT 52 YEARS, R/AT BENAKA HALE MANNE, P.O.KOKKADA, PUTTUR TALUK-574 198. MANGALURU.

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SHARP ENTERPRISES NMPT, PANAMBUR, MANGALORE-575 010. REP BY ITS PROPRIETOR, SHRI JETHALAL MEGHAJI PATEL, AGED ABOUT 52 YEARS, R/AT, A-2 APARTMENTS, FLAT NO.1101, FALNIR, MANGALORE-575 002.

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GURUDEV CORPORATION NMPT, PANAMBUR, MANGALORE-575 010. REP. BY ITS PROPRIETOR, SHRI GOVIND PATEL, AGED ABOUT YEARS,

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R/AT A-2, APARTMENTS, FLAT NO.1101, FALNIR, MANGALORE-575 002.

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SRI UMIYA SAW MILL NO.73/1, NEW TIMBER YARD LAYOUT, MYSORE ROAD CROSS, BENGALURU-560 026. REP BY ITS PARTNER. SHRI CHETAN PATEL, S/O LALJI M PATEL, AGED ABOUT 40 YEARS, R/AT NO.165, 6^TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BENGALURU-560 040.

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M/S BHARAT KUMAR PATEL TIMBER PRODUCTS PRIVATE LIMITED, PLOT NO.12, TIMBER YARD, NEW MANGALORE PORT TRUST, NEAR BEACH ROAD, PANAMBUR, MANGALORE-575 010, REP. BY ITS DIRECTOR. SHRI VINOD BABULAL PATEL S/O BABULAL PRANLAL PATEL, AGED ABOUT 50 YEARS, R/AT SHRI KRISHNA KRIPA, ALAKE, MANGALORE-575 003.

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PATEL BABULAL PRANLAL TIMBER PROUDUCTS PRIVATE LIMITED, PLOT NO.12, TIMBER YARD, NEW MANGALORE PORT TRUST, NEAR BEACH ROAD, PANAMBUR, MANGALORE-575 010. REPRESENTED BY ITS DIRECTOR, SHRI VINOD BABULAL PATEL AGED ABOUT 50 YEARS, R/AT SHRI KRISHNA KRIPA, ALAKE, MANGALORE-575 003.

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PATEL VEENEERS PRIVATE LIMITED PLOT NO.12, TIMBER YARD, NEW MANGALORE PORT TRUST, NEAR BEACH ROAD, PANAMBUR, MANGALORE-575 010, REP. BY ITS DIRECTOR, SHRI VINOD BABULAL PATEL AGED ABOUT 50 YEARS, R/AT SHRI KRISHNA KRIPA, ALAKE, MANGALORE -575 003.

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VELANI SAW MILL NO.9/1-B OPP L&T FACTORY, & GKVK, BELLARY ROAD, BYATARAYANAPURA, YELAHANKA, BENGALURU-560 092. REPRESENTED BY ITS PARTNER SHRI HARISH L PATEL, AGED ABOUT 46 YEARS, R/AT NO.222, AMRUTHALLI MAIN ROAD, TALACAUVERY LAYOUT, BENGALURU-560 092.

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MARUTHI SAW MILL BELLARY ROAD, OPP G.K.V.K.BYATARAYANAPURA, BENGALURU-560 092. REP BY ITS PARTNER, SHRI AMIT K M. AGED ABOUT 28 YEARS, R/AT ASHIRWAD, NO.17 & 18, SURVEY NO.5/4, BEHIND SBI, AMRUTHALLI, BANGALORE-560 092.

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ANAND TIMBERS BELLARY ROAD (HYDERABAD ROAD), OPP G.K.V.K. BYATARAYANAPURA, BENGALURU-560 092. REPRESENTED BY ITS PARTNER, SHRI PANKAJ P.PATEL

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S/O PURUSHOTTAM SAMJI PATEL, AGED ABOUT 31 YEARS, R/AT 1062/1063, DR. AMBEDKAR MEDICAL COLLEGE ROAD, KAVALABYRASANDRA, R.T.NAGAR POST, BENGALURU-560 032.

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BHAGWATI TIMBERS #9/1B, B.B. ROAD, OPP. G.K.V.K. BYATARANAYANAPURA, BENGALURU-560 091. REP BY ITS PARTNER, SHRI KIRAN A PATEL, S/O RAJA PATEL, AGED ABOUT 50 YEARS, R/AT DOOR NO.3, KHB COLONY, 2^ND FLOOR, 7^TH CROSS, GANDHINAGAR, YELAHANKA, BENGALURU-560 064

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UMIYA WOOD INDUSTRIES NO.95, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BANGALORE-560 026. REPRESENTED BY ITS PARNTER, SHRI JAIKUMAR S/O DILIP M PATEL, AGED ABOUT 30 YEARS, R/AT NO.165, 6^TH CROSS, BAPUJI LAYOUT, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE -560 040.

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U K MONU TIMBERS NH 66, KALLAPU POST PEMANNUR MANGALORE-575 017. REPRESENTED BY ITS U.K.MONU AGED ABOUT 65 YEARS, S/O LATE KOYA BARY, R/AT UK MONDU RESIDENCE, UNIVERSITY ROAD, DIRLEKKATTE,

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MANGALURU-575 002.

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M/S KANACHUR SEASONING INDUSTRIES NH 66, KALLAPU, POST PEMANNUR, MANGALORE-575 017. REPRESENTED BY ITS MANAGING PARTNER. U K MONU, AGED ABOUT 65 YEARS, R/AT UK MONDU RESIDENCE, UNIVERSITY ROAD, DIRELEKATTE, MAGALURU-575 002.

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SWADESH ASSOCIATES HAVING ITS OFFICE AT ZUBEDA KASAM FARMS, P O KALHE, BARAPAD TALUKA PANVEL, DIST RAIGAD-410 206. AND NO.85, VICTORIA ROAD, MUSTAFA BAZAR, BYCULLA, MUMBAI-400 01. MAHARASHTRA STATE. ALSO BRANCH OFFICE AT: PLOT NO.12, BEACH ROAD, NEW MANGALORE PORT, PANAMBUR, MANGALORE-575 010. REPRESENTED BY ITS PROPRIETOR, SRI. ASLAM K MERCHANT, AGED ABOUT 54 YEARS, S/O LATE NOOR MOHAMMED PATANWALA.

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RAJ KRIPAL LUMBERS LTD., TIMBER STOCK YARD, PANAMBUR, MANGALURU-575 010. REPRESENTED BY ITS DIRECTOR. SRI BABULAL PATEL. S/O LAKHAMSI BHAI PATEL, AGED ABOUT 51 YEARS, R/AT 402, AROMA PARK, MANAGUDDA,

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MANGALORE-575 003.

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BHARAT KUMAR PATEL & CO PLOT NO.12, TIMBER YARD, NMPT, NEW BEACH ROAD, PANAMBUR, MANGALURU-575 010. REPRESENTED BY ITS PARTNER. SRI VINOD BABULAL PATEL

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PATEL TIMBER MART NO.317/4, OPPOSITE SAHYADRI ENGINEERING COLLEGE, ADYAR, MANGALURU-575 010. REPRESENTED BY ITS PARTNER, SRI GOVIND L PATEL, AGED MAJOR, R/AT, D.NO.3/82, MANGALORE SAW MILL COMPOUND, ALAPE, POST PADIL, MANGALORE-575 007.

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ASHOK TIMBER TRADING COMPANY NO.275/1, NEW TIMBER LAYOUT, MYSURU ROAD CROSS, BENGALURU-560 026. REPRESENTED BY ITS PARTNER, SRI. KISHORE S.PATEL, AGED ABOUT 59 YEARS, R/AT NO. 1124, SHIVKRIPA, SERVICE ROAD, RPC LAYOUT, VIJAYANAGAR, BENGALURU-560 040.

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SRI JALARAM WOOD INDUSTRIES REPRESENTED BY ITS PARTNER, SRI. RATANSHI K.PATEL PATEL, AGED ABOUT 60 YEARS, R/AT NO.795/A, 26^TH CROSS, 4^TH MAIN, VIDYARANYAPURA, MYSURU-570 008.

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SRI HANUMAN SAW MILLS NO.57 ALLASANDA G K V K POST, BENGALURU-560 065. REPRESENTED BY ITS PARTNER, BHAVEESH RAVILAL DHANANI, AGED ABOUT 32 YEARS, S/O RAVILAL LAKHAMSI DHANANI, R/AT SVS PATEL CALISTO, FLAT NO.510, 5^TH FLOOR, THALAKAVERI LAYOUT, AMRUTHAHALLI MAIN ROAD, BENGALURU-560 092.

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MARUTI TIMBER & PLYWOOD NO.169/7, HENNUR BHAGAKUR ROAD, KANNUR VILLAGE, BENGALURU-562 149. REPRESENTED BY ITS PARTNER, SRI NILEESH KUMAR AGED ABOUT 28 YEARS, S/O VINOD KUMAR, R/AT ARSHIRWAD NO.17 & 18, 3^RD CROSS, THALAKAVERI LAYOUT, AMRUTHAHALLI MAIN ROAD, BENGALURU-560 092.

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TIMWOOD TRADING PLOT NO.11A, NMPT, TIMBER YARD, BEACH ROAD, PANAMBUR, MANGALURU-575 010. REPRESENTED BY ITS PROPRIETOR, MOHIT JETHALAL PATEL S/O JETHALAL PATEL,

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PATEL BABULAL PRANLAL & BROS PLOT NO.12, TIMBER YARD, NMPT NEAR BEACH ROAD, PANAMBUR, REPRESENTED BY ITS PARTNER, VINOD BABULAL PATEL S/O BABULAL PRANLAL PATEL,

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AGED MAJOR, R/A 205-206, 2^ND FLOOR, PIONEER TOWERS, MARINE DRIVE, COCHIN, KERALA-682 031.

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…PETITIONERS

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(BY SRI. SANDEEP.S.PATIL., ADVOCATE)

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AND:

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UNION OF INDIA REPRESENTED BY ITS SECRETRY, MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE & COOPERATION, KRISHI BHAVAN, NEW DELHI-110 001.

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DIRECTOR OF PLANT PROTECTION QUARANTINE & STORAGE, N.H-IV FARIDABAD, HARAYANA-121 001.

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THE PLANT PROTECTION OFFICER (WS) PLANT QUARANTINE STATION, PLOT NO.323/F/1, KIADB, INDUSTRIAL AREA, BAIKAMPADY, MANGALORE-575 011.

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…RESPONDENTS

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(BY SRI. KUMAR.M.N., CGC)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

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NC: 2025:KHC:1904 WP No. 36006 of 2019

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ORAL ORDER

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Sri.Sandeep S.Patil., counsel for the petitioners and Sri.M.N.Kumar., CGC for the respondents have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents not to insist on payment of the inspection fee at five times the normal rate under Clause 14(2) of the Plant Quarantine (Regulation of Import into India), Order, 2003 (vide Annexure-"M"), when petitioners imported consignment is in conformity with Clause 9 of Plant Quarantine (Regulation of Import into India), Order, 2003 having the Phytosanitary Certificate issued thereof at the Country of export.

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Counsel Sri.Sandeep S.Patil., submits that the issue involved in the matter is squarely covered by the decision of the Gujarat High Court in Special Civil Application No.16280/2021 along with connected matters disposed of on 28.06.2022. Counsel therefore, submits that an appropriate order may be passed.

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Sri.M.N.Kumar., CGC for the respondents submits that a memo has been filed along with the Notification and the same may be placed on record.

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Submission is noted. Memo along with the Notification is placed on record.

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The order passed by the Gujarat High Court is furnished along with the Writ Petition. The operative portion of the order reads as under:

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"39. On the substratum of the aforementioned reasoning and analysis, the impugned Regulation 14(2) of the Plant Quarantine (Regulation to Import into India) Order, 2003 of Chapter-VI is declared as arbitrary and unreasonable and in violation of fundamental rights guaranteed under Article 19(g) of the Constitution of India to the extent it stipulates charging of fees of five times of normal rates. The same is quashed and set aside to the said extent only. As a sequel the subsequent impugned Office Memorandums, which reiterate such imposition of penal fees are also quashed and set aside to such extent only".

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Taking note of the judgment passed by the Gujarat

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High Court in Special Civil Application No.16280/2021 along

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NC: 2025:KHC:1904 WP No. 36006 of 2019

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with connected matters disposed of on 28.06.2022. The Writ Petition is allowed. Mandamus is ordered directing the respondents not to insist on payment of the inspection fee at five times the normal rate under Clause 14(2) of the Plant Quarantine (Regulation of Import into India), Order, 2003 vide Annexure-M.

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6. Resultantly, the Writ Petition is allowed .

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Sd/(JYOTI MULIMANI) JUDGE

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MRP

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List No.: 1 Sl No.: 25.1

Karnataka Timber Importers Association v. Union of India

Case brief

What is this about?

What did the court decide?

Karnataka Timber Importers Association v. Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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