THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30363 of 2011 Date: 16.11.2011 Between: Cropex Bio Chemicals, Marath Halli, Bangalore and others. … Petitioners and The Commissioner and Director of Agriculture, Basheerbagh, Hyderabad. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30363 of 2011 ORDER : The petitioners have filed this writ petition challenging the action of the respondent, viz., Commissioner and Director of Agriculture, A.P. Hyderabad, in interfering with their business in manufacturing/marketing the bio-products by issuing Memo No.PP.II(1) 2085/2005, dated 21.01.2006 and Letter No.PP.II(1)2085/2005, dated 21.01.2006, as illegal and consequently to forbear the respondent from interfering with their business activities in dealing with the bio-products. 2. The petitioners are manufacturers/marketers of bio- products with various brand names. They claim that the said bio- products are manufactured without using any toxic chemicals and are useful to enrich the soil and ensure protection of land/crops from viral, bacterial, fungus and other infections, resulting in more production. According to the petitioners, the products manufactured by them are not covered either under the Insecticides Act, 1968 or Fertilizer Control (Order) Act, 1985. Therefore, there is no obligation on them to obtain licence under the said Acts for manufacturing/marketing the bio-products. Hence, it is the case of the petitioners that the respondent has no jurisdiction to interfere with their business activities in dealing with the bio-products. 3. Sri V.R. Reddy Kovvuri, learned counsel for the petitioners and the learned Government Pleader for Agriculture appearing for the respondent submit that the relief sought for in this writ petition is squarely covered by the orders of this Court in W.P.No.17337 of 2010 and batch, dated 01-11-2011. 4. In view of the said submission, this writ petition is disposed of with the following comprehensive directions, at the stage of admission. (a) The petitioners 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. The respondent shall not refuse to receive the samples whenever submitted by the petitioners. (b) The petitioners shall also permit the officers authorized by the respondents to collect samples from the manufacturing units/sale points. The petitioners shall furnish details of its sale points to the respondents for drawal of samples. (c) The petitioners shall remit a sum of Rs.5,000/- (Rupees five thousand only) in respect of each sample along with the samples to the respondents to meet the expenses of analysis. (d) Within 8 (eight) weeks from the date of compliance of conditions as indicated in Clauses (a), (b) and (c), the respondents shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioners. (e) In case, the analysis reveals that the products dealt with by the petitioners answer the description of the products mentioned in Schedule-III to the Control Order and the Insecticides Act, they shall be entitled to deal with the products only after obtaining Registration/licence under the Control Orders. On the other hand, if the result is found otherwise, the petitioners shall not be subjected to the regime under the Control Orders; and (f) If the respondents fail to intimate the result of the analysis within 8 (eight) weeks from the date of submission of the samples as indicated above, it shall be open to the petitioners to deal with the products as long as the products are not insecticides or chemicals. 5. 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 petitioners, it shall be open to the respondent to take necessary action in accordance with law. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 16.11.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30363 of 2011 16.11.2011 (Msr)