IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.27366 of 2008 Between: M/s. Kraft Foundation Rep. by its Proprietor, B.S. Murthy, S/o. Satyanandam, R/o.D.No. 24-9-27, Koneru Road, Opp. Sai Baba Temple, R. Agraharam, Guntur - 522 003. Factory at Sy.No.710, Narain Nivas, Near Central Ware House, Kather - 173 213, Solan Dist., Himachal Pradesh. ..... PETITIONER AND The Commissioner & Director of Agriculture, Andhra Pradesh, Gun Foundry, 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 Perfekt, Actis, Ezee Cotton, Kick Start, Aviva & Reviva and All Clear, which contains Amino Acid and Sea - weed Extract by issuing Memo. No.P.II(1)2085/2005, dated 21- 01-2006, 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 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. Counsel for the Petitioner: MR.C.V.BHASKAR REDDY Counsel for the Respondent: GP FOR AGRICULTURE The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27366 OF 2008 ORDER: Learned counsel on either side fairly conceded that the issue that arises for consideration in this writ petition is squarely covered by the order of this Court dated 25.04.2006 rendered in W.P.No.8207 of 2006 and batch, which was disposed of with the following directions: “In view of the fact that no license 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 petitioners. 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 petitioners-manufacturers and the dealers of the said bio- products, and by the Executive Magistrate in exercise of powers under Section 133 of Cr.P.C.” In view of the above, this writ petition is also disposed of in terms of the aforesaid order. No order as to costs. _________________ JUSTICE C.V. RAMULU 17th December, 2008. IBL