IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19175 of 2009 Between: Shell Agro Innovations, Hyderabad. . .Petitioner And The Commissioner & Director of Agriculture, Hyderabad. .. Respondent THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.19175 OF 2009 ORDER: The petitioner approached this Court and filed the present writ petition with the following prayer: “For the reasons stated in the accompanying affidavit it is prayed that this Honourable Court may be pleased to issue a writ or direction more particularly one 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 which contains Amino Acid and See-Weed extract by issuing memo No.PP.II(1)2085/2005, dated 21.01.2006 and the consequential letter as illegal, arbitrary, unconstitutional and without jurisdiction and further direct the respondent not to interfere with in any manner with the Bio-products of the petitioner including from the licensed premises of its dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985”. 2 When this matter is taken up for hearing the learned counsel for the petitioner as well as the Assistant Government Pleader submits that the subject involved in this writ petition is squarely covered by an order dated 25.04.2006 rendered by this Court in W.P. No.8207 of 2006. 3. In the light of the said consciousness, this writ petition is disposed of with the following directions: In view of the fact that no licence 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 petitioner. 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 petitioner-manufacturer and the dealers of the said bio-products, and by the Executive Magistrate in exercise of powers under Section 133 of Cr.P.C. 5 With the above observations, the Writ Petition is disposed of at the stage of admission. No order as to costs. ________________________ GOPALA KRISHNA TAMADA, J September 10, 2009 KSH