1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5598/2008 Bonageri Cropscience Pvt.Ltd. Petitioner Vs. Appellate Authority & Director of Agriculture & Ors. Respondents Mr.mkar Warange for petitioner Mr.A.H.Palekar,AGP for State CORAM : J.N.Patel,& Mrs.Mridula Bhatkar,JJ. DATE : 16h June,2009. P.C. . The petitioner has filed this petition challenging the order passed by respondent no.2 on 18/3/2008 and the order passed by the Appellate Authority & Director of Agriculture confirming the said order. The petitioner is dealing in agro inputs,insecticides,pesticides and fertilizers and is also distributor for the same for all over the country as well as State. It is contended that the petitioner was holding license under section 13 of Insecticides Act 1968 to sell ,stock or exhibit for sale , distribute the insecticides as mentioned in the license. The said license was to be renewed from time to time and the petitioner has renewed the said license up to 29/9/2009. However,the License Officer /Agriculture Officer issued show cause notice to the petitioner on 17/3/2008 after having found that the 2 petitioner was indulged in illegal production and sale of insecticides and especially ‘imazethapyr’ manufactured by M/s Bonageri Cropscience Pvt.Ltd.and therefore the notice was issued for the cancellation of the license as there is violation of sections 13,14,and 17 and Rule 10 (4)(A)(i) of the Insecticides Act,1968 and Insecticides Rule ,1971. 3] The respondents have filed affidavit in reply. It is the case of the respondents that the petitioners have committed malafide defaults as they were not obtained registration for import and still carried out import and sold the material in contravention of the conditions of the registration . In the notice dated 17/3/2008 licence officer/ agriculture officer has pointed out that in India only B.A.S.F.India Ltd.is authorised to export the medicine which is required for the said insecticide and there was no authorised source or consent given to any other for the same. 4] After giving an opportunity of hearing the concerned authority cancelled license of the petitioner. The petitioner thereafter preferred an appeal under section 15 of the Insecticides Act which was also rejected on the same ground and hence this petition is filed. 5] During the hearing of this petition this Court has directed the licensing authority and Agriculture Development Officer, Zilla Parishad,Pune to examine the matter afresh and submit his report to this Court . Pursuant 3 to the said order the said licensing authority examined the matter , heard the petitioner and submitted its report on 18/4/2009.The said report confirms the finding given by the concerned authority and the appellate authority . The learned counsel for the petitioner could not produce valid license showing that the petitioner was authorised to sell ,stock,import and export the said insecticide . We do not find any fault in the concurrent findings and hence no interference is required. The petition is dismissed with no order as to costs. (J.N.Patel, J.) (Mrs.Mridula Bhatkar,J.) SRS