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Judgment
M. Katju and R.S. Tripathi, JJ.—Heard counsel for the parties.
This petition has been filed for quashing the impugned notice dated 26.7.1999, Annexure-1 to the writ petition by which the Petitioner has been directed to obtain a license under the Seeds (Control) Order, 1983, which was issued under the Essential Commodities Act.
Rule 3 (1) of the Seeds (Control) Order states that:
No person shall carry on business of selling, importing and exporting seeds on any place except under and in accordance with the terms and conditions of licence granted to him under this Order.
Shri Ajay Kumar Singh, learned Counsel for the Petitioner has stated that the Petitioner does not sell, import or export seeds as stated in para 10 (1) of the writ petition. Hence, his business is not covered by the Seeds (Control) Order, 1983.
Learned standing counsel has invited our attention to Annexure-C.A. 1 to the counter-affidavit which is a copy of the Petitioner''s application dated 4.8.1999 to be addressed to the District Agricultural Officer, Varanasi. In this application, the Petitioner has stated that he prepares plants of certain fruit, trees and sells them.
In our opinion, this cannot be called selling, exporting or importing the seeds. Hence, the Petitioner cannot be required to take licence under the Seeds (Control) Order. He has already obtained a licence under the Fruit Nursery (Regulation) Act, 1976, as stated in paras 8 and 10 of the writ petition. The writ petition is therefore, allowed and the impugned notice dated 26.7.1999 is quashed.