IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16031 of 2009 Between: Mithro Biotech, having its office at Plot No. 41, Phase - I, Kamalapuri Colony, Rinagar Colony, Hyderabad. ..... PETITIONER AND The Commissioner & Director of Agriculture, Andhra Pradesh, Gunfoundry, Hyderabad Opp : Lal Bahadur Stadium .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the refusla by the Respondent to entertain the application filed by the petitioner seeking manufacturing and marketing license for its organic plant bio-stimulant in the State of Andhra Pradesh as arbitrary and ilelgal and contrary to the directions given by the Hon'ble High Court vide its order dated 14-9-2007 in WP NO. 19551 of 2007 and batch and consequently direct the respondent to accejpt the application filed by the petitioner and process the same within the time stipulated by the Hon'ble High Court in its order dated 14-9-2007 passed in WP No. 19551 of 2007 and batch Counsel for the Petitioner:MR.L.VENKATESHWAR RAO Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16031 of 2009 ORDER: 1 When the matter is taken up for hearing, the learned counsel for the petitioner produced a copy of the order passed in Writ Petition No.12149 of 2008 dated 13.6.2008 and submitted that the cause in this Writ Petition is squarely covered by the said order. The learned Government Pleader fairly conceded that the similar order can be passed. 2 In the light of the said consensus arrived at by the parties, this Writ Petition is disposed of with the following directions: a) It shall be open to the petitioner 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 petitioner, the respondent shall get the same analysed in a suitable laboratory and intimate the result of the analysis to the petitioner; c) In case, the analysis reveals that the products dealt with by the petitioner answer the description of the products mentioned in schedule –III to the Control Order, the petitioner 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 petitioner 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 samples and the literature, it shall be open to the petitioner to deal with the products, notwithstanding the impugned letter and the memo, as long as the products are not insecticides or chemicals. 3 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. No order as to costs. ------------------ kvsn 06.8.2009