BHIWANI SUDHAR & VIKAS SAMITI (REGD.) V. UNION OF INDIA AND ORS

CWP/6757/2013

AI Insights

In this Public Interest Litigation, the petitioner, Bhiwani Sudhar & Vikas Samiti, sought the appointment of an independent agency, such as the CBI or a Special Investigation Team, to investigate corruption related to the purchase and recommendation of 'RAXIL 2DS' fungicide by various respondents including senior officers and businessmen. The State Government had previously referred the matter to the Central Bureau of Investigation, which led to the extension of investigative powers across Haryana. The court found that this action by the State Government rendered the petition moot, leading to its dismissal.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 740923 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 19-08-2015
• Assessment Year: misc
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: RANJANA SHAHI; AMAR VIVEK; VINOD BHARDWAJ; SURYA PARKASH; SHAILENDER JAIN; GAURAV AGGARWAL; RAJIV ATMA RAM; VIKRAM SOBTI; MEHUL PARTI; ABHISHEK ARORA
• Assessee Lawyers: SUDERSHAN GOEL; MUKESH VERMA; SUNDER SINGH; RUPINDER KAUR
• Keywords: CBI; Corruption; Fungicide; Government subsidies; Misappropriation; Public Interest Litigation; Special Investigation Team; RAXIL 2DS; Haryana State Seed Certification Agency

Judgement Text

"CWP No.6757 of 2013 (O&M) 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6757 of 2013 (O&M) Date of decision: August 19, 2015. BHIWANI SUDHAR & VIKAS SAMITI (REGD.) ... Petitioner v. UNION OF INDIA AND ORS ... Respondents 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MRS. JUSTICE RAJ RAHUL GARG Present: Sarv Shri Sudershan Goel, Mukesh Kumar Verma, Sunder Singh and Ms. Rupinder Kaur, Advocates, for the petitioner. Ms. Ranjana Shahi, Advocate for respondents No.1 & 2. Shri Amar Vivek, Additional AG, Haryana or respondent No.3. Shri Vinod S. Bhardwaj, Advocate for respondent No.4. Dr. Surya Parkash, Advocate for respondent No.5. Shri Shailender Jain, Sr. Advocate with Shri Gaurav Aggarwal, Advocate for respondent No.6. Shri Rajiv Atma Ram, Senior Advocate with S/Shri Vikram Sobti, Mehul Parti and Abhishek Arora, Advocates for respondent No.7. Hemant Gupta , J. (oral) CM-10464-CWP-2015 Learned counsel for the applicant- respondent No.7 wishes to withdraw the misc. application with liberty to challenge the order of the VINOD KUMAR KADYAN 2015.08.24 10:22 I attest to the accuracy and integrity of this document Chandigarh CWP No.6757 of 2013 (O&M) 2 State Government referring the matter to the Central Bureau of Investigation for investigation, dated 14th August, 2015. Dismissed as withdrawn with aforesaid liberty. CWP-6757-2013 In the present Public Interest Litigation, the petitioner has sought an appropriate writ, order or direction to appoint an independent agency, CBI or Special Investigation Team or agencies (Income tax, Enforcement etc.) in order to unearth the corrupt roll of respondents No.3 to 7, other senior officers of the department, middlemen, businessmen and others in the matter of arbitrary purchase and recommendation of 'RAXIL 2DS' fungicide. Shri Amar Vivek, learned Additional Advocate General, Haryana referred to an order of the State Government dated 14th August, 2015 according sanction to the extension of powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole of the State of Haryana for investigation into the allegations of misappropriation of Government subsidies, including the Central subsidies, meant for the farmers, by compulsorily mandating the purchase and use of fungicide Raxil 2% DS by wheat seed dealers/growers in October 2010 before they are certified by the Haryana State Seed Certification Agency. In view of the said order, no further relief can possibly be granted in the present petition. Disposed of. However, this order shall not prejudice legal rights of any of the VINOD KUMAR KADYAN 2015.08.24 10:22 I attest to the accuracy and integrity of this document Chandigarh CWP No.6757 of 2013 (O&M) 3 parties, as may be available to them in accordance with law. [ Hemant Gupta ] Judge [ Raj Rahul Garg ] August 19, 2015. Judge kadyan VINOD KUMAR KADYAN 2015.08.24 10:22 I attest to the accuracy and integrity of this document Chandigarh "