Dismissed

Confederation of All India Small and Medium Pesticides v. Central Insecticides Board and Registration Committee

Telangana HC9 Nov 2012WA/1388/2012

Case brief

AI extract

What is this about?

High Court dismissed this writ appeal challenging an interim order where a Single Judge dismissed a stay application pending disposal of a main writ petition. The bench held that granting any interim order would virtually allow the main writ petition, thus dispensing with merits.

What did the court decide?

Privilege to file an application for early hearing of the main writ petition before the Writ Court was granted to the appellants.

Confederation of All India Small and Medium… — Service and Employment | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE NINETH DAY OF NOVEMBER, TWO THOUSAND AND TWELVE

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PRESENT: THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE JUSTICE SRI VILAS V. AFZULPURKAR

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WRIT APPEAL No.1388 of 2012

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Between:

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Confederation of All India Small & Medium Pesticides Manufacturers Association, rep., by its President, Hyderabad & others.

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… Appellants

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And

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Central Insecticides Board & Registration Committee, Rep., by its Chairman, Directorate of Plant Protection, Quarantine & Storage, NH-IV, Faridabad, Haryana State & others.

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… Respondents

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This Court made the following:

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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

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AND

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THE HON’BLE JUSTICE SRI VILAS V. AFZULPURKAR

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WRIT APPEAL No.1388 of 2012

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ORDER: (Per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)

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This writ appeal is directed against an interim order, dated 27.08.2012, passed by the Hon’ble Single Judge in WPMP.No.24502 of 2011 in W.P.No.20211 of 2011.

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While the writ petition is filed for a Mandamus to declare the action of the respondents in insisting on a consent of the original registree of an insecticide registered under Section 9(3) of the Insecticides Act, 1968 for the purpose of granting registration certificate under Section 9(4) of the Act, as illegal, arbitrary and unconstitutional and to direct the respondents to process the applications filed under Section 9(4) of the Act without insisting on the consent letter of the registree under Section 9(3) of the Act, WPMP.No.24502 of 2011 is filed to stay all further proceedings pursuant to the decisions taken by the respondents in their 319^th meeting held on 26.05.2011 in seeking to implement the guidelines for application under Section 9(4) of the Act, pending disposal of the Writ Petition, which in effect seeks stay on the amended procedure.

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The Hon’ble Single Judge, after hearing the counsel for the

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parties, held that the relief claimed in WPMP.No.24502 of 2011 is identical to that of the relief claimed in the main writ petition and unless the writ petitioners/appellants succeed in the writ petition, the relief claimed in the said application cannot be granted and accordingly, dismissed the application. Being aggrieved and dissatisfied with the said order, this appeal has been filed.

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In our opinion, if any interim order is passed in this matter that will virtually allow the writ petition filed by the writ petitioners. Hence, without going into the merits of the case, we dismiss the appeal. However, liberty is given to the appellants to file an application before the writ Court for early hearing of the writ petition.

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______________________________ PINAKI CHANDRA GHOSE, ACJ __________________________ VILAS V. AFZULPURKAR, J

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Date: 09.11.2012 ES

Confederation of All India Small and Medium Pesticides v. Central Insecticides Board and Registration Committee

Case brief

What is this about?

What did the court decide?

Confederation of All India Small and Medium Pesticides v. Central Insecticides Board and Registration Committee

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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