IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION No.3913 of 2008 Between: M/s.Biodex Biochem, Rep.by its Regional Manager, T.Bhaskara Gupta S/o.Laxminarayana, R/o.Guttala Bazar, D.No.4-4-30/2, Khammam Regd.Office at 3rd Cross M.G.Industrial Estate Pukhraj Layout, Bannarghetta Road,Bangalore-56030 ..... PETITIONER And: The Commissioner & Director of Agriculture, A.P Gunfoundry, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly a writ in the nature of writ of Mandamus declaring the action of the respondent in interfering with the manufacturing and sale of the petitioner's Bio Products like Amino Acid and Sea-Weed Extract by issuing Memo No.PP.II(1)2085/2005,dt.21-01-2006 and the consequential letter No.PP.II(1)/2085/2005 dt.21-01-2006 as being illegal, arbitrary unconstitutional and without jurisdiction and further direct the respondent not to interfere with in any manner in the manufacture sale and distribution of the petitioner's Bio-products including from the licensed premises of the dealers /stockists under the insecticides Act,1968 and the Fertilizers control(order) Act, 1985. Counsel for the Petitioner: MR.C.V.BHASKAR REDDY Counsel for the Respondent: GP FOR AGRICULTURE The Court made the following : THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.3913 of 2008 ORDER: Heard Sri C.V.Bhaskar Reddy, learned counsel representing the writ petitioner and the learned Assistant Government Pleader for Agriculture. 2. The writ petition is filed seeking a Mandamus declaring the action of the respondent in interfering with the manufacturing and sale of the petitioner’s bio-products like Amino Acid and Sea-Weed extract by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and the consequential letter No.PP.II(1)2085/2005 dated 21.01.2006 as illegal, arbitrary, unconstitutional and without jurisdiction and for a further direction to the respondent not to interfere in any manner in the manufacture, sale and distribution of the petitioner’s bio-products including from the licenced premises of the dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985. 3. Several facts had been narrated in the affidavit filed in support of the writ petition. It is also brought to the notice of this Court that similar writ petitions had been disposed of with appropriate directions. 4. In the light of the same, this writ petition is also disposed of with the similar directions, which are as under: a) It shall be open to the petitioner to submit a sample of 5 kg of each product dealt with by them, together with the corresponding literature, throwing light upon the manufacturing process as well as the contents thereof, to the respondent herein; b) Within four (4) weeks from the date of submission of the samples and the literature by the petitioner, the respondent shall get the same analysed in a suitable laboratory and intimate the result of the analysis, to the petitioner; c) In case, the analysis reveals that the products dealt with by the petitioner answer the description of the products mentioned in Schedule-III to the Control Order, the petitioner shall be entitled to deal with the products, only after obtaining licence under the Control Order. On the other hand, if the result is found otherwise, the petitioner shall not be subjected to the regime under the Control Order of the Act; and d) If the respondent fails to intimate the result of the analysis within four (4) weeks from the date of submission of the samples and the literature, it shall be open to the petitioner to deal with the products, notwithstanding the impugned letter and the memo, as long as the products are not insecticides or chemicals. 5. The writ petition is accordingly disposed of. There shall be no order as to costs. _________ 26.02.2008 sh