THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17578 OF 2010 DATED 26th JULY, 2010 BETWEEN: M/s.Niharika International, Door No.41-2-75, Old Post Office Road, Krishnalanka, Vijayawada, Rep. by its Proprietor, G.Jagadeesh, and another. … Petitioners A n d The Commissioner & Director of Agriculture, Government of Andhra Pradesh. Gun Foundry, Hyderabad. …Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17578 OF 2010 O R D E R The matter pertains to interference by the Commissioner and Director of Agriculture with the petitioners’ manufacture and sale of bio-products. The matter is squarely covered by the order of this Court in W.P.No.5039 of 2010 dated 05.03.2010. The writ petition is accordingly disposed of in terms of the aforestated order 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 eight (8) weeks from the date of submission of the samples and the literature by the petitioners, the respondent shall get the same analysed 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 of the Act; and (d) If the respondent fails to intimate the result of the analysis within eight (8) eight weeks from the date of submission of the samples 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 made clear that in the event any complaints are received from the ryots with regard to the quality of the bio-products manufactured by the industries including the petitioners, the respondent shall be at liberty to take necessary action in accordance with law. No costs. -------------------------- SANJAY KUMAR,J 26th JULY, 2010 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17578 OF 2010 26th JULY, 2010