HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20803 of 2011 Date: 26.07.2011 Between : M/s. Green Life Organics … Petitioner and The Commissioner & Director of Agriculture, L.B. Stadium, Basheerbagh, Hyderabad. … Respondent HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20803 of 2011 ORDER: Heard Sri K. Satyanarayana Murthy, learned counsel appearing for the petitioner as well as the learned Government Pleader for Agriculture appearing for the respondent and with their consent, the writ petition is being disposed of at the admission stage. 2. The petitioner is engaged in the business of manufacturing, sale and supply of various products called as “Bio-Pesticides and Pesticides”. According to the petitioner, the said products do not contain any toxic or synthetic residues and the nature of the business undertaken by it does not require any licence either under the Insecticides Act, 1968 or Fertilizer Control (Order) Act, 1985. The petitioner is said to have offered its products to the respondent for analysis in the laboratory in terms of the orders of this Court in similar cases, which directed that in the cases of bio-products, the manufacturers/marketers should supply certain quantity of their products for analysis and for eventual action, if necessary, by the respondent. It is the case of the petitioner that although the petitioner offered its products for analysis, the respondent is not receiving the same on the ground that it was not one of the parties to the said writ petitions in whose favour this Court granted orders. 3. This Court considered this issue comprehensively in W.P.No.17811 of 2011 and batch, dated 28.6.2011 and taking into consideration the facts and circumstances the said writ petitions were disposed of with certain directions. 4. Both the counsel submits that this writ petition is squarely covered by the said orders and the learned counsel while consenting submit that the same order be passed in this case also. 5. Having regard to the said submission, the following comprehensive directions are issued: a) The petitioner shall submit a sample of 5 kgs., of each product dealt with by it together with the corresponding literature throwing light upon the manufacturing process as well as the contents thereof together with the composition/components of the products to the respondent herein. b) The petitioner shall remit a sum of Rs.5,000/- (Rupees five thousand only) along with the samples to the respondent to meet the expenses of analysis. c) Within eight weeks form the date of compliance of conditions as indicated in Clauses (a) and (b) by the petitioner, the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioner. d) The petitioner shall also permit the officers authorized by the respondent to collect the samples from the manufacturing units/sale points. e) The petitioner shall furnish details of its sale points to the respondent for drawal of samples. f) 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 and the Insecticides Act, it shall be entitled to deal with the products only after obtaining licence under the Control Orders. On the other hand, if the result is found otherwise, the petitioner shall not be subjected to the regime under the Control Orders; and g) If the respondent fails to intimate the result of the analysis within eight (8) weeks from the date of submission of the samples, as indicated above, 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. 6. It is also made clear that in the event the respondent receives any complaints from the ryots with regard to the quality of the bio- products supplied by the petitioner, it shall be open to the respondent to take necessary action in accordance with law. 7. Subject to the above directions, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE NOUSHAD ALI 26.07.2011. NOTE: Issue C.C. in two days. (B/O) Msr HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20803 of 2011 26.07.2011 (Msr)