Farmer strikes HC, needs Karnal DC’s order barring access of paddy into Haryana from UP quashed
| Chandigarh |
November 6, 2020 10:49:48 am
The petitioner additional submitted that swiftly, the state swiftly closed down the aforesaid portal ‘Meri Fasal Mera Byora’.
A 58-YEAR-OLD farmer from Karnal, Haryana, has moved the Punjab and Haryana Top Courtroom searching for to quash an order of the deputy commissioner-cum-collector of Karnal barring access of paddy into Haryana from Uttar Pradesh, terming it to be unlawful and opposite to Provisions of the Farmers’ Produce Industry and Trade (Promotion and Facilitation) Act, 2020.
Listening to the petition of Virender Kumar, who has additionally sought instructions to open the portal, ‘Meri Fasal Mera Byora’, for his registration, the bench of Justice Rajbir Sherawat requested the State to record answer and adjourned the subject for listening to on November 12.
In the meantime, the petitioner, thru his suggest — senior suggest Ashish Aggarwal and suggest Mukul Aggarwal — sought to implead the Union of India and Union Territory, Chandigarh, in addition to, the state of Punjab, as events to the petition, because the query concerned within the case isn’t limited to Haryana.
It’s been contended via the petitioner’s suggest sooner than HC that he and his circle of relatives, being interested by farming from previous a number of years, in July 2020, have sown A Grade – Tremendous Five number of paddy on about 75 acres of land, owned via them, Chillaur village, Jansat tehsil, Muzaffarnagar district (Uttar Pradesh).
The suggest submitted that with an intent and object for growing an ecosystem the place farmers and investors benefit from the freedom of selection on the subject of sale and buy of farmer’s produce, the central executive enacted an Act, particularly the Provisions of the Farmers’ Produce Industry and Trade (Promotion and Facilitation) Act, 2020, which gained the assent of the President on September 24, 2020, and used to be revealed within the Gazette of India on September 27, 2020. It used to be made operative with impact from June 5, 2020, and Phase 14 of the Act of 2020 in particular supplies that the mentioned Act would have an overriding impact on all different rules, which might be inconsistent with it, additionally Phase three of the aforesaid Act supplies absolute freedom to farmers and investors to hold on inter-state or intra-state business and trade in farmers’ produce. Thus for the sale of vegetation of farmers whose farms are positioned out of doors Haryana, the State made prior registration of such farmers obligatory, on its on-line portal, particularly ‘Meri Fasal Mera Byora’.
The petitioner additional submitted that swiftly, the state swiftly closed down the aforesaid portal ‘Meri Fasal Mera Byora’. No longer simplest this, the Karnal deputy commissioner, in derogation of the mandate of the Act of 2020, thru its order handed on September 23, 2020, debarred the access of paddy into Haryana from Uttar Pradesh, which is wholly unsustainable and is in reality unlawful, within the face of the Farmers’ Produce Industry and Trade (Promotion and Facilitation) Act, 2020. Thus it’s been sought that the order of DC directing responsibility officials/responsibility magistrates and the police to prevent any farmers getting into Karnal district from U.P., with their agricultural produce, is susceptible to be in an instant quashed.
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