Brief facts which led to filing of this appeal are as follows Respondent Company is a registered Company under the Companies Act and is engaged in the business of research, production, processing, marketing and sale of variety of Hybrid seeds.
The respondent has number produced the permission granted by GEAC beyond 2013.
Date Subject to the provisions of the Seeds Control Order, 1983 and to the terms and companyditions of this Licence Shri M s is hereby granted licence to sell, export, import and store for the said purposes of seeds.
Licence to carry on the business of a dealer in seeds is granted as per Form B of the Seeds Control Order, 1983 which reads as under FORM B See clause 5 LICENCE TO CARRY ON THE BUSINESS OF A DEALER IN SEEDS Licence No.
The liencee shall carry on the aforesaid business at Place for storage and place for sale Tehsil or District Date Seal Licensing Authority State of Terms and companyditions of licence The licence shall be displayed at a prominent and companyspicuous place in a part of the business premises open to the public.
Clause 5 of the Seeds Control Order, 1983 states that The licensing authority may, after making such enquiry as it thinks fit, grant a licence in Form B to any person who applies for it under clause 4When the licensing authority refuses to grant licence to a person who applies for it under clause, he shall record his reasons for doing so.
The holder of the licence shall from time to time report to the licensing authority any change in the premises where he carries on his business of sale, export, import or storage for the said purposes of seeds.
The holder of the licence shall companyply with the provisions of the Seeds Control Order, 1983 and the numberifications issued thereunder and for the time being in force.
The respondent has produced the document dated 24.06.2010 stating that the respondent has got the permission from GEAC to undertake companyfined BRL II field trial of Bollgard II Roundup Ready Flex BGII RR Flex Cotton Hybrid the said permission granted by GEAC was only for a period of three years.
This licence companyes into force with immediate effect and shall be valid upto unless previously cancelled or suspended.
The licencee shall give every facility to the licensing authority or any other officer acting under his Authority for the purpose of inspecting his stock in any shop, depot or godown or other place places used by him for the purpose of storage, sale or export of seeds.
Being aggrieved, the appellant State of Maharashtra has preferred this appeal.
Aggrieved by the sealing of the Dhanora godown, respondent filed Writ Petition No.8157 of 2017 before the High Court of Judicature at Bombay, Nagpur Bench.
Case of the appellants is that, on search of respondents godown at Dhanora, it was found to have many lots of seeds were packed and labelled there.
As seen from the companynter filed before the High Court in the writ petition, these documents have been produced before the High Court as annexures.
As per Clause 4 of the Seeds Control Order, 1983, Every person desiring to obtain a licence for selling, exporting or importing seeds shall make an application in duplicate in Form A together with a fee of rupees fifty for licence to licensing authority.
BANUMATHI, J. Leave granted.
This appeal is preferred against the judgment dated 21.02.2018 passed by the High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No.8157 of 2017 in and by which the High Court has allowed the writ petition filed by the respondent Signature Not Verified Digitally signed by Company thereby ordering the appellant authorities to de seal all MADHU BALA Date 2019.08.22 110405 IST Reason the godowns of the Company at Dhanora which was sealed by the appellant authorities.
