The High Court dismissed the writ petition challenging the constitutionality of the Andhra Pradesh Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Ordinance, 2007 as infructuous due to the efflux of time, with no order as to costs.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITI ON NO :17179 OF 2007
Between:
...PETITIONERS
AND
Respon_dent No,6 is_ impleaded as per Court Order dated 26.09.20.1 3 in W.p.Mt.p.No.30983 of 20i 3.
...RESPONDENTS
Petition under Articre 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to
(a) lssue a writ, order or direction in the nature of lvrandamus or any other appropriate order/direction, declaring the lmpugned ordinance tifled Andhra Pradesh cotton seeds (Reguration of suppry, Distribution, Sare and Fixation of sale Price) ordinance, 2007 promulgated by the Respondent No.1 as ordinance No-4 of 2oo7 and published on 2g-6-2007 in the Andhra pradesh Gazette Part-lV-B Extraordinary, as u nco nstitutio na I and void;
(b) lssue a writ, order or direction in the nature of [/andamus or any other appropriate order/direction, directing the Respondents and lor any of their subordinates not to take any action under the provisions of the lmpugned Ord inance-
l.A. NO: 1 OF 2010(WPMP NO:7872 OF 2010)
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed rn support of the petition, the High court may be pleased to:
(a) Pass an order permitting the petitioners to amend the petition by changing the cause title to "National seed Association of lndia having its Registered office at 1120, Vishal Tower, District Centre, Janakpuri, New Delhi 110058, Rep. by its Authorised signatory - IVr.R.K.sinha (Executive Director).,, ln place of ,'All lndia crop Biotech Association of lndia, registered office at.1st floor vandana Building,
f,'
Tolstoy Marg, New Delhi 1 10001 rep. by its Treasurer and Authorised Signatory Dr.Paresh Varma" as sought for in the instant petition.
Counsel for the Petitioners: Ms. RUBAINA S. KHATOON REPRESENTING SRI S. NIRANJAN REDDY, SENIOR COUNSEL
Counsel for the Respondent No.2: GP FOR AGRICULTURE THE ADVOCATE GENERAL
Counsel for the Respondent Nos.3 to 5: SRI B. NARASTMHA SARMA, ADDITIONAL SOLICITOR GENERAL OF INDIA
Counsel forthe Respondents: SRI B. MAYUR REDDY
The Court made the following: ORDER
, I
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTTCE ANIL KUMAR JUKANTI
WRIT PETITION No.l7l79 of 2OO7
ORDER.' (Per the Hon'bte the Chief Justice Alok Aradhe)
Ms. Rubaina S.Khatoon, learned counsel representing
Mr. S.Niranjan Reddy, learned counsel for the petitioners.
Mr. B.Narasimha Sarma, learned Additionai Solicitor
General of India for respondent Nos.3 to 5.
"For the reasons stated in the accompalying affidavit it is prayed that this Hon'ble Court may be pleased to:-
(a) Issue a Writ, Order or direction in the nature of Mandamus or any other appropriate order / direction, declaring the Impugrred Ordinance titled 'Andhrapradesh Cotton Seeds (Regulation of Supply, Distibutton, Sale and Faation of Sale Pice) Ord.inance, 2OO7' prornulgated by the Respondent No. I as Ordinance No.4 of 2007 and published on 24.06.2007 in the Andhra pradesh Gazettc
2
Part IV-B Extraordinary,as unconstitutional and void;
ald pass such otheror further order/s as t1-is Hon'bte Court maydeem frt and properin ttre facts of the case andin the interest ofjustice"
for considerationon accountof efflux of time
infructuous. Thereshall be no order as to costs
Asa sequel, miscellaneouspetitions, pendingifany,
stand closed.
SD/- T. JAYASREE ASSISTANT REGISTRAR
//TRUE COPY//
SECTIO OFFICER
To,
MP GJP$
HIGH COURT
DATED:03101t2024
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ORDER
WP.No.17179 of 2OO7
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
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1 issue framed by the court
Whether the impugned Andhra Pradesh Cotton Seeds Regulation Ordinance, 2007 is unconstitutional and void?
2 provisions across 2 enactments
All India Crop Biotech Association of India
Vahyco Seeds Limited
Krishidhan Seeds Private Limited
M/s. Ajeet Seeds Limited
State of Andhra Pradesh
Union of India
Alok Aradhe
Anil Kumar Jukanti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
