Disposed

Sgs International v. the State of Telangana, And 4 Others

Telangana HC18 Jan 2021WP/7509/2020

Case brief

AI extract

What is this about?

Petitions filed under Article 226 and interim applications under Section 151 CPC were disposed of. The petitioners were permitted to withdraw the writ petitions and future challenges regarding the Memo dated 23.11.2019 while reserving rights.

What did the court decide?

Leave to withdraw the written petitions was granted. The writ petitions were disposed of as not pressed.

Sgs International Vs the State of Telangana, And 4… — Service and Employment | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

¶3

MONDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI ANO THE HON'BLE SRI JUSTICE A. ABHISHEK^REDDY

¶6

WRIT PETITION NOS: 7s09 AND 7s'l¹ OF²⁰²⁰

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wP NO.7509 0F 2020:

¶8

Between:

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SGS INTERNATIONAL, A Partnership^{firm, havingits registeredoffice at lndian} Coffee House Square, Dharampeth, Nagpur,^{lndia- 440010. Represented by its} Partner lvr.Rajesh Selarka

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...pETt,oNER

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AND

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1 THE STATE OF TELANGANA, represented^{by its Principal Secretary, Home} Department, Secretariat Building, Hyderabad,^{TelanganaState.}

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2 THE COIVNIISSIONER OF POLICE, Hyderabad,^{Basheerbagh,Hyderabad,} Telangana State.

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3 THE eON/MISSIONER OF POLICE, Cyberabad,^{TelanganaState.}

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4 THE COMMISSIONER OF POLICE, Rachakonda,^{TelanganaState.} 5 FOOD SAFETY AND STANDARDS AUTHORITY^{OF lNDlA, having its office at} 03rd and 04th Floor, FDA Bhawan, Kotla^{Road near BalBhawan New Delhi-} 11OOO2 lndia. Represented by its Assistant^{Director (Regulailons/Codex)}

¶16

6 THE HORTICULTURE DEPARTMENT,^{Representedby its Commissioner} Government of Telangana Secretariat^{Building Hyderabad}

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7 THE AGRICULTURE AND CO OPERATIVE^{(IVKTG II) DEPARTMENT,} Represented by its Principal Secretary Government^{of Telangana Secretariat} Building Hyderabad

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8 THE C6N/iUISSIONER OF FOOD SAFETY^{DIRECTORATE OF INSTITUTE OF} PREVENTIVE l/EDlClNE, Narayanaguda^{HyderabadTelangana State 5000 29}

¶19

I THE CHIEF PUBLIC ANALYST, State Food^{LaboratoryIDA Nacharam} Hyderabad Telangana State 500076

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RRs 6 to I are lmpleaded as^per Court^{Order Dated 10/07/2020 ln lA Nos2} and 3 of 2020 ln WP No 7509^of 2020

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...REspoNDENrs

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Petition under Article 226 of the Constitution^{of lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High Court may be pleased} to issue an appropriate writ, order or^{Direction more particularlyone in the nature} of Writ of N,4andamus, declaring the^{action of the Respondentno.2 to 4 herein in} interfering in the business activity of the^{Petitioner and its purchasers/traders} /distributers on the^ground of using the Ethephon^{(EthyleneRipenerSachets) for} ripening the fruits such as Mango, Banana, Pappaya^{etc., inspite of approvalby the} Respondent No.5 FSSAI and inspite of^{holding Customs Clearanceand thereby} arresting the^pu rchasers/trad ers of the Petitioner^{and bookingfalse cases as illegal,} arbitrary abuse of executive^powers, violative^{of the Regulationsand Guidelinesof} the Respondent No.S FSSAI herein and^{Article 14 and 19 of the constitution of} lnd ia

¶23

<->

¶24

lA NO: 1 OF 2020

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Petition under Section^'1 51 CPC^{prayingthat in the circumstancesstatedin} the affidavit filed in support of the^{petition,the High court may be pleased to direct} the Respondent No.2 to 4 herein to^{not to interferein the Sale/use of Ethephon} (Ethylene Ripener Sachets) which is approved by the^{Respondent No.5 for ripening} the fruits such as Mango, Banana, Pappaya^{etc., pending disposal of the above writ} petition

¶26

Counsel for the Petitioner: SRI D. PRAKASH^{REDDY, SENIOR COUNSEL} FOR SRIV. RAMCHANDER GOUD

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Gounsel for Respondent Nos.¹ to 4: GP^FORHOME

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Counsel for Respondent No. 5: SRI N.^RAJESHWARRAO ASSISTANT SOLICITOR GENERAL

¶29

Counsel for Respondent Nos.6 to 8: GP FOR^AGRICULTURE

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WP NO:7511 OF 2020

¶31

Between:

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GOLDRIPE INTERNATIONAL PRIVATE LIMITED,^{A Private Limited Company} incorporated under the Companies Act, having its^{regisjered office} at^Plot No.150, Ground Floor, Malair Estate Colony,^{Baghpat Road, N/eerut, Uttar} Pradesh, 25O0O2. Represented by its Director Mr. Ravinder ^rra l1pPf,l,o*.^

¶33

AND

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1 THE STATE OF TELANGANA, represented by its Principal Secretary, Home Department, Secretariat Building, Hyderabad, Telangana State.

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2 THE COIVIVISSIONER OF POLICE, Hyderabad, Basheerbagh, Hyderabad, Telangana State.

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3 THE COIVMISSIONER OF POLICE, Cyberabad, Telangana State.

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4 THE COlr/IVISSIONER OF POLICE, Rachakonda, Telangana State.

¶38

5 FOOD SAFETY AND STANDARDS AUTHORITY OF lNDlA, having^its office^at 03rd and 04th Floor, FDA Bhawan, Kotla Road near Bal Bhawan New Delhi^- 1 10002 lndia. Represented by its Assistant Director^(Regulations / Codex)

¶39

6 THE HORTICULTURE DEPARTMENT, Represented by its Commissioner, Government of Telangana, Secretariat Building Hyderabad

¶40

7 THE AGRICULTURE AND CO OPERATIVE^(MKTG II) DEPARTMENT, Represented by its Principal Secretary Government of Telangana Secretariat Building Hyderabad

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B THE COMMISSIONER OF FOOD SAFETY DIRECTORATE OF INSTITUTE OF PREVENTIVE MEDICINE, Narayanaguda Hyderabad Telangana State - 5000 29

¶42

I THE CHIEF PUBLIC ANALYST, State Food Laboratory,lDA Nacharam, Hyderabad Telangana State 500076

¶43

(RRs 6 to 9 are lmpleaded as per Court Order Dated 10/07/2020 ln lA Nos 2 anrl 4 of 2o2o ln WP No 751 1 of 2020 ..RE.'.NDENTS

¶44

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent no.2 to 4 herein in interfering in the business activity of the Petitioner and its p u rchase rs/trad e rs/ distributers on the ground of using the Ethephon (Ethylene Ripener Sachets) for ripening the fruits such as Mango, Banana, Pappaya etc,, inspite of approval by the Respondent No.5 FSSAI and thereby arresting the purchasers/traders of the

¶45

Petitioner and booking false cases as illegal, arbitrary abuse of executive^powers, violative of the Regulations and Guidelines of the Respondent No.5 FSSAI herein and Article 14 and 19 of the Constitution of lndia

¶46

lA NO: 1 OF 2020

¶47

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may^{be pleased to direct} the Respondent No.2 to 4 herein to not to interfere^{in the Sale/use of Ethephon} (Ethylene Ripener Sachets) which is approved by the Respondent No.5 for ripening the fruits such as ltilango, Banana, Pappaya etc.,^{pending disposal of the above writ} petition

¶48

lA NO: 3 OF 2020

¶49

Petition under Section 151 CPC^praying that^{in the circumstancesstatedn} the affidavit filed in support of the^{petition,the High Court may be pleased to permit} the Petitioner to file additional Documents^{which may be receivedin the above Writ} Petition

¶50

Counsel for the Petitioner: SRI V.^{RAMCHANDERGOUD}

¶51

Counsel for Respondent Nos.¹ to^4: GP^{FORHOME/ADDL ADVOCATE GENERAL}

¶52

Counsel for Respondent No. 5: SRI^{N. RAJESHWAR RAO} ASSISTANT SOLICITOR GENERAL

¶53

Counsel for Respondent Nos. 6 to 9: GP^{FOR AGRIULTURE}

¶54

The Court made the following: COMMON^ORDER

¶55

¶56

THE HON'BLE T^{HE CHTEF JUSTICEHIMA KOHLI}

¶57

AND

¶58

THE HON'BLE SRI^{JUSTICEA. ABHTSHEKREDDY}

¶59

WRIT PETITIONS No.7509^{and7511 OF 2020}

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CO MMON ORDER: @er^{theHon'bletheChief Justice HimaKohli)}

¶61

After addressing^{arguments at somelength,Mr' D' Prakash} Recldy, learned Senior^{Advocateappearingfor the petitioners,states} on instructions lrom^{his briefing counselthat the petitionerslnay be} pennitted to withdraw the^{presentpetitionswhilereservingtheir right} to challenge the Memo^{dated 23.11.2019issuedby the Agriculture} and Cooperation^{(Mktg.II) Department,Government of Telangana,} and the subsequent Circulars^{on the aspect of promotionof an} altemative to Calcium^{Carbide& Ethephonfor ripeningof fruits'}

¶62

Leave, as prayed for, is^{granted. The presentpetitions are}

¶63

disposed of as not^p ressed^{along with the} Pending^{applications,il anY.}

¶64

SD/.B.SATYAVATHI ASSISTANT^REGISTRAR

i- 1,^''

//TRUE^COPY//

SECTION^OFFICER

'o'',.^{On" CC to Sri V RamchanderGoudAdvocate LO5,!?1ru,r"nana.} [OUT]^,i i;;^{dc' i" c p} E"' X3 Ii"?XEl -13 Htf,l l['ii;",tl? rt^{r, n g i n u,} to^u-rl -

¶69

Il*:33ii".noRi,i!fl:,:"'!H::"il,'{iq"try}:i;l:tiltsmtf?lu"'

¶70

5OneCCtoSriSNiranjanReddy(Amicust"'""i'"S'6n'iiounselHighCourtfor

¶71

, 3:"t31",3l11rffi?:3,*^{GeneralHighcourtfor the State of relansana} 7. Two^{CD CoPies} MBC

¶72

HIGH COURT

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DATED: 1810112021

¶74

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¶75

COMMON ORDER

¶76

WP NOS: 7509 AND 7511^{OF 2020}

¶77

DISPOSING OF THE WRIT PETITIONS AS NOT PRESSED, WITHOUT COSTS

¶78

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Sgs International v. the State of Telangana, And 4 Others

Case brief

What is this about?

What did the court decide?

Sgs International v. the State of Telangana, And 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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