: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3142 OF 2006 WRIT PETITION NO.3142 OF 2006 WRIT PETITION NO.3142 OF 2006 All India Crop Biotechnology Association .. Petitioner. Versus The State of Maharashtra & Anr. .. Respondents. WITH WITH WITH WRIT PETITION NO.3144 OF 2006 WRIT PETITION NO.3144 OF 2006 WRIT PETITION NO.3144 OF 2006 Seed Association of India .. Petitioner. Versus The State of Maharashtra & Anr. .. Respondents. WITH WITH WITH WRIT PETITION NO.3134 OF 2006 WRIT PETITION NO.3134 OF 2006 WRIT PETITION NO.3134 OF 2006 Association of Seed Industry .. Petitioner. Versus The State of Maharashtra & Anr. .. Respondents. Mr.Y.S.Jahagirdar with Mr.Praveen Shetty & Ms.Anjali Deshmukh for the petitioners. Mr.C.R.Sonawane, A.G.P. for respondent No.1. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & R.Y. GANOO, JJ. R.Y. GANOO, JJ. R.Y. GANOO, JJ. DATE : 3rd July, 2008. DATE : 3rd July, 2008. DATE : 3rd July, 2008. P.C.: P.C.: P.C.: 1. All these petitions are filed by different associations but in all these petitions, what is challenged is the Circular dated 6.1.2006 issued by the Director of Agriculture (Inputs & Quality Control), Commissionerate of Agriculture, Maharashtra State, Pune and the Circular dated 3.2.2006 issued by the same : 2 : authority. 2. Petitioners manufacture seeds and they sell them in packets. Bt Cotton seed is sold by the petitioners in a packet which contain 450 grams of seeds. They also sell in a different packets 120 grams non-Bt cotton seeds. By the two Circulars, the petitioners and other manufacturers of the seeds have been asked to print on their packets that the seeds weighing 450 grams is enough for sowing in half an acre. There are other directions also contained in the Circulars but the petitioners are not challenging those directions. 3. The petitioners are aggrieved presently only by the direction in relation to the publication of the statement that 450 grams of seeds is enough for sowing in half an acre. The petitioners challenge the competence of the Director to issue such a direction. According to the petitioners, neither in the Seed Act, 1966 nor in the Seeds Control Order, 1983, there is any power vested in the Director to issue such direction. It is submitted that the petitioners are printing the quantity of seeds that they are selling. They cannot print whether that seed is good enough for half acre, one acre or more and according to the petitioners, therefore, the Director : 3 : cannot force them to take that responsibility. In short, basic challenge of the petitioners is that the Director of Agriculture, who has issued the Circulars has no power in law to do so. The petitioners were forced to approach this Court because in the Circulars, it is stated that if the directions issued by the authority are not obeyed, action will be taken against the petitioners under the Seed Act, 1966 and the Rules framed therein. An affidavit has been filed on behalf of respondents of one Udhavrao Thakare, Director (Input & Quality Control), Commissionerate of Agriculture, Maharashtra State, Pune. In paragraph 2, it is stated thus :- "2) ... It is most respectfully submitted that although there is no power under the Seeds Act to specify the quantity of seeds, it is submitted herein that,the Central Government Seeds Act with consultation of the Central Seed Committee have not defined the package size for king of varieties of any crop so far in the history of seeds....." 4. The respondents have not been able to point out any authority vested in them by any law to force the petitioners to abide by the directions which are contained in the aforesaid two Circulars, specially the one asking them to mention that 450 grams of seeds is enough for sowing in half an acre. In the absence of any authority, obviously, the Director could not have the authority to issue the two Circulars referred to above. : 4 : 5. In the result, we are, therefore, left with no option but to set aside both the Circulars challenged in the petitions as the respondents have not been able to point out any authority in law to issue such directions. 6. In the result, the petitions succeed and are allowed. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)