(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5506 OF 1997 Shri Shantaram s/o. Bansi Randhe, Age : 32 years, Occupation : Business, R/o. "Sandesh Bhuwan", Agasti Karkhana Road, Akole, Taluka : Akole, Dist. : Ahmednagar, Owner of M/s. National Agro Chemical Industry, Akole, Taluka : Akole, District : Ahmednagar (M.S.). .. Petitioner. versus 1. The Union of India, Through the Secretary, Ministry of Agriculture, New Delhi. 2. The State of Maharashtra, Through the Secretary, Ministry of Agriculture, Dairy Development and Animal Husbandry, Mantralaya, Mumbai - 32. 3. The Commissioner of Agriculture, Central Building, Pune - 411 001. .. Respondents. ....................... (2) Mr. R.D. Bhalerao, Advocate, for the petitioner. Mr. Alok Sharma, Assistant Solicitor General, for respondent no.1. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.2 and 3. ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 22ND JUNE 2010 COURT'S ORDER : 1. It is not in dispute that the issue involved in the present petition is already dealt with by the Division Bench in Writ Petition No. 3977 of 1996 along with companion matters, vide judgment and order dated 6th May 2004. 2. The present petition, therefore, deserves to be allowed in terms of paragraph 17 of the judgment, dated 6th May 2004, delivered in Writ Petition No. 3977 of 1996 along with companion matters. 3. In the result, the petition succeeds in relation to quashing of instistence for the ownership of the laboratory (3) facility for the testing of the products of the petitioner and the communications in that regard, issued by the respondent no.3 to the petitioner, are quashed and set aside and the respondents are restrained from insisting for such ownership of the laboratory facility and further not to act in contravention and in excess of the powers available under the provision of law contained in Clause 21-A of the Fertiliser (Control) Order, 1985. 4. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp5506