- (1.) Heard learned counsel for the parties.
(2.) Challenge on merits to the letter bearing F.No.8 -80/2015 -PP -II dated 26.10.2015 (Annexure -17) issued by the Deputy Secretary, Department of Agriculture, Cooperation and Farmer Welfare, Ministry of Agriculture and Farmers Welfare, Government of India has been made by the petitioner where under the decision of the competent authority has been communicated to the Plant Protection Advisor, Directorate of Plant Protection Quarantine and Storage for lodging F.I.R against the importer and exporter; return / diversion of the Consignment.
(3.) After the writ petition was taken up on 6.11.2015 and an interim order was passed to the effect that no coercive steps shall be taken pursuant to the order dated 26.10.2015, the respondent - Union of India has filed counter affidavit on merit and followed by supplementary counter affidavit. It has raised a preliminary objection as to the maintainability of the writ petition on the ground of lack of territorial jurisdiction as allegedly no cause of action has arisen within the jurisdiction of this Court.;