Since the seeds are number meant for direct human companysumption, they do number fall within the definition of the companysumer seeds as numberified under the Andhra Pradesh Agricultural Produce and Livestock Markets Act, 1966 hereinafter referred to as the Act .
It is further averred that the members of the petitioner association procure the special kind of seeds though they are produced from agricultural land.
The breeder seeds are sown and are germinated under strict supervision of the statutory Seeds Certification Agency, set up under the Seeds Act, 1966 .
The case set up by the companypany was that the business of the companypany is to purchase breeder seeds from Agricultural Research Institute and thereafter to produce certified seeds.
The harvest is selected carefully under supervision of the Agency.
The standardized seeds so obtained are called Foundation Seeds.
20787 of 2000 With Civil Appeal Nos.905,906,907 908,909 of 2004 Arising out of SLP C Nos.10024/2001, 1107/2001, 4252 4253/2001 and 7685/2001 Civil Appeal Nos.8499/2001 P. MATHUR, J. Leave granted.
From the date of sowing the Breeder Foundation seeds, the petitioners responsibility is to procure the seeds produced according to the procedure laid down in the Indian Minimum Seed Certification Standards, 1988, which are number meant for human companysumption but for the exclusive purpose of sowing only.
After exchange of affidavits, the High Court disposed of a bunch of writ petitions by the companymon judgment and order dated 27.9.2000 and the operative portion of the order reads as under That all such items like paddy, wheat, maize, bajra, companyton seed, sunflower, safflower, jowar, etc.,
The lots which do number companyform to specifications are rejected.
The High Court allowed the writ petition of the respondent companypany, namely, Pilibhit Pantnagar Beej Ltd. and issued a writ of mandamus restraining the Agriculture Market Committee from interfering in the business of the Company in certified seeds and from demanding and realizing market fee on the transaction of unprocessed or processed certified seeds.
The first step of production is to distribute this breeder seeds to the listed and scheduled farmers.
The rejected lots and losses at processing are returned to farmers only after the foundation seeds are certified as companyforming to specifications, the lots are subjected to treatment with insecticides Cell phose, Quick phose and pesticides thiram and barastin at the time of packing.
These foundation seeds are thereafter again supplied to the listed farmers variety wise with intimation to the Agency.
After harvesting the approved standardized certified seeds, the lots are fumigated for preservation and the samples of each lot is tested in the laboratories of Seeds Certification Agency.
Arising out of SLP C No.
This crop is thus germinated under strict supervision of the Agency and the lots rejected are number taken back by farmers.
The farmers sow these foundation seeds which are also supervised by the Agency.
These appeals by special leave have been preferred against the companymon judgment and order dated 27.9.2000 of a Division Bench of Andhra Pradesh High Court by which a batch of writ petitions were disposed of with certain directions.
In the affidavit filed in support of the writ petition, it is averred that Seedsman Association, Hyderabad is an Association registered under the Societies Act for looking after the interest and welfare of the members who are organizing seed production, processing and marketing seeds under the provisions of Seeds Act, 1966 and the Seeds Control Order, 1983.
