IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20495 of 2008 Between: Nava-Kisan Bio Planttee Limited, Rep by its Managing Director, Sri S. Srinivasa Rao, S/o. Venkateswarlu, Aged 41 years, #315, Annapurna Block Aditya Enclave, Amerpet, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Agriculture Department, Rep by its Principal Secretary, Secretariat, Hyderabad. 2 The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Near L.B. Stadium, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action fo the respondents in interfering with the production, sale and distribution of Bio organic products produced by the petitioner as illegal, arbitrary and unconstitutional and without jurisdiction and further direct the respondents not to interfere with in any manner with the production, sale and distribution of products namely Vitazyme-G, Vitazyme-L, produced by the petitioners and marketed through its direct marketing staﬀ and also through the licensed dealers/stockiest etc permitted under the Insecticides Act, 1968, Seeds Act and the Ferilizers (Control) Order 1985 and to pass Counsel for the Petitioner:MR.L.V.S.NAGARAJU Counsel for the Respondent No.: GP FOR FINANCE & PLANNING The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.20495 OF 2008 ORDER : This writ petition is ﬁled seeking a declaration that the action of the respondent in interfering with the distribution and sale of the petitioner bio-products as arbitrary, illegal and without jurisdiction. When the matter is taken up for consideration, it is brought to my notice that the issue involved in this writ petition is squarely covered by a decision of this Court in W.P.No.8207 of 2006 and batch which were disposed of with the following directions by order dated 25.4.2006 : “In view of the fact that no license is required under the Insecticides Act, 1968 for manufacture and sale of bio-products as long as they do not contain any ingredients of insecticide as mentioned in the schedule, i.e., Antagonistic Fungi and Bacteria, respondents cannot interfere with the store, sale and distribution of bio-products belonging to the petitioners. It is needless to say if the bio-products contain any chemical or insecticides which endangers the environment, it is always open for the concerned authorities to take appropriate action against the petitioners-manufacturers and the dealers of the said bio-products, and by the Executive Magistrate in exercise of powers under Section 133 of Cr.P.C.” The fact that the petitioner herein is also similarly situated is not disputed by the learned Government Pleader. Accordingly, the Writ Petition is disposed of in terms of the above order passed in W.P.No.8207 of 2006 and batch, dated 25.4.2006. No costs. ______________ G. ROHINI, J. Dt. 19.09.2008 Kvsn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}