IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:17235 OF 2010 DATED:20.7.2010 Between: M/s Jayalakshmi Fertilizers. .....PETITIONER AND 1 The Commissioner & Director of Agriculture, A.P. Gunfoundary, Hyderabad. .....RESPONDENT This Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:17235 OF 2010 ORDER: The matter pertains to the alleged interference by the Commissioner and Director of Agriculture, Hyderabad in the business of the petitioner pertaining to the manufacture, sale and distribution of ‘Bio Products’. It is stated by the learned counsel on either side that the matter is squarely covered by the judgment of this Court in M/S VIJAYA SREE BIOTECH. VS. THE COMMISSIONER & DIRECTOR OF AGRICULTURE, HYDERABAD (W.P.No:13044 of 2009, dated 02.07.2009). The writ petition is accordingly disposed of in terms of the aforestated judgment dated 2.7.2009 in W.P.No:13044 of 2009 with the following directions: 1.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; 2.Within eight (8) Weeks from the date of submission of the samples and the literature by the petitioner, the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioner; 3.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 of the Act; and 4.If the respondent fails to intimate the result of the analysis within eight (8) 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. It is made clear that if any complaints are received from the ryots about the quality of the products manufactured by the industries being run in the name of ‘Bio-tech’, the respondent shall be entitled to take appropriate action according to law against the industries, including the petitioner. No costs. _________________ Justice Sanjay Kumar Date:20.7.2010. gurc THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:17235 OF 2010 20th JULY, 2010