- (1.) THIS petition seeks quashing of order dated 7.5.2008 (Annexure P-5), giving a direction to the petitioner for obtaining licence under the provisions of the Punjab Agricultural Produce Markets Act, 1961 (for short, "the 1961 Act").
(2.) CASE of the petitioner is that it is a producer of seeds and after producing seeds, the same are converted to certified seeds. Their action is regulated under the Seeds Act, 1966, for which they have obtained a licence. Apart from dealing in certified seeds, the petitioner does not deal in any agricultural produce covered under the provisions of the 1961 Act and the Rules. The petitioner is, thus, under no obligation to obtain any licence under the 1961 Act nor to pay any fee. The petitioner had filed C.W.P. No. 10398 of 2007 which was disposed of by this Court vide order dated 8.1.2008 (Annexure P-4) directing the Market Committee and authorities to reconsider the matter after giving opportunity of hearing to the petitioners. Thereafter, order dated 7.5.2008 (Annexure P-5) has been passed, declaring that it was mandatory for the dealers of certified sees to obtain licence. The said order was illegal. The petitioner could not be required to obtain a licence without there has been any material to show that it is dealing in agricultural produce. Reliance has been placed on Judgment of the Hon'ble Supreme Court in Krishi Utpadan Mandi Samiti and others v. Pilibhit Pantnagar Beej Ltd. and another, (2004) 1 SCC 391. Inspite of adjournments granted twice on 9.7.2008 and 26.8.2008, no reply has been filed by the connecting respondents who put in appearance four months back.
(3.) NO relief has been sought against the State of Punjab and Punjab State Seed Certification Authority who have been impleaded as respondents Nos. 1 and 3 respectively.;