IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 11820 of 2008 BETWEEN: M/s. Biozymes; rep. by its Managing Partner M. Kavitha, W/o. Sridhar, R/o.502, Sai Residency; Near Chirak Public School Mazidbanda, Kondapur; Ranga Reddy District. Factory at 11-5-245/4, H.P. Road, Moosapet, Hyderabad-500018. ... PETITIONER AND The Commissioner & Director of Agriculture, Andhra Pradesh, 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 Growth-BZ, Destroyer-BZ; Killer-BZ; Bio-Grannules; Nitro-BZ; Mobilizer-BZ; Bio-Kavach; BT. Growth-BZ; Amono-BZ; BZ; Inducer-BZ; Radar-BZ; Remover-BZ; Bio- Protector and Real-Earth, which contains Amino Acid and Sea-weed extract by issuing Memo No. PP.II(1)2085/2005, dated 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 and pass appropriate order or orders. Counsel for the Petitioner: MR.C.V.BHASKAR REDDY Counsel for the Respondent: GP FOR AGRICULTURE IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 11822 of 2008 BETWEEN: M/s. Haritham Horti & Agri Clinics, Rep. by its Proprietor Rayapureddy Suresh Kumar, S/o. R. Ramanuja Rao R/o. Flat No.2, 5th Floor, Maruthi Towers, Opp. D.V. Manor, Tikkle Road, Vijayawada-520010, Factory at R.S.No. 150/1, Quari road, Pathapadu Village, Vijayawada Rural Mandal, Krishna District, A.P., Pin-521 212. ... PETITIONER AND The commissioner & Director of Agriculture, Andhra Pradesh, 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 Haritham Chicken Compost, Haritham Bio-Mitecide, which contains Bio Organic Manure, 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 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 and pass appropriate order or orders. Counsel for the Petitioner: MR.C.V.BHASKAR REDDY Counsel for the Respondent: GP FOR AGRICULTURE The Court made the following: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 11842 of 2008 BETWEEN: M/s. Agri Gold Organics Pvt Ltd Rep. by its Marketing Manager Kunapareddy Srinivasu, S/o. Kunapareddy Saibabu, R/o.1st Floor Srinivasam 43-113-14 Block No.113 Ajising Nagar Vijayawada- 520015. Factory at 4-131/1, N.H.9 Keesara Kanchikacherla (M) Krishna District. ... PETITIONER AND The Commissioner & Director of Agriculture Andhra Pradesh, 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 writ, order 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 like Agri Gold Bio-Ram Agri Gold Bio-Vic Agri Herbal-Mix and Agri Gold Bio Mitecide which contains 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 and pass appropriate order or orders. Counsel for the Petitioner: MR.C.V.BHASKAR REDDY Counsel for the Respondent: GP FOR AGRICULTURE IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 11849 of 2008 BETWEEN: M/s. Kavitha Life Sciences, Rep. by its Proprietor, Md. Chand Basha, S/o. SKMD Akbar, R/o. D. No. 20-3/1-53-A, New Ayodha Nagar, Vijayawada-3, Krishna District. Factory at plot no.22, block No.31, Category-III, Autonagar, Hyderabad - 500 070. ... PETITIONER AND The Commissioner & Director of Agriculture, Andhra Pradesh, 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 which contains Indus, S-Cart, Imdox-F.P., Manttra, Firangi Cobra, 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 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 Fertilizer Control 9 Order) Act, 1985 and pass appropriate order or orders. Counsel for the Petitioner: MR.C.V.BHASKAR REDDY Counsel for the Respondent: GP FOR AGRICULTURE The Court made the following: COMMON ORDER: The learned counsel for the petitioners as well as the learned Government Pleader for Agriculture submits that the subject matter of these writ petitions is squarely covered by the judgment of this Court in W.P.No.3037 of 2008 dated 15.02.2008. Recording the above submission and following the aforesaid judgment these writ petitions are accordingly disposed of with the following directions: (a) It shall be open to the petitioners 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 two (2) weeks from the date of submission of the samples and the literature by the petitioners, the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioners; (c) 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, the petitioners 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 petitioners shall not be subjected to the regime under the Control Order or the Act; and (d) If the respondent fails to intimate the result of the analysis within two (2) weeks from the date of submission of the sample and the literature, it shall be open to the petitioners to deal with the products, notwithstanding the impugned letter and the memo, as long as the products are not insecticides or chemicals. It is needless to say that till appropriate action is taken in pursuance of the directions specified supra, status quo as on today to be maintained. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 11, 2008 DSK