IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 18938 of 2009 Between: M/s.Green Fields Enterprises, Kurnool . .Petitioner And The Commissioner & Director of Agriculture, Hyderabad. .. Respondent THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.18938 OF 2009 ORDER: The petitioner filed this writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondent in interfering with the manufacturing and sale of the bio-products by the petitioner, as illegal and arbitrary or in the alternate, consider the application made by the petitioner dated 06.08.2009 and pass appropriate orders thereof. 2) It is agreed by the learned counsel for the petitioner and the learned Assistant Government Pleader for Agriculture that the issue raised in this writ petition is squarely covered by order dated 26.02.2008 of this Court in Writ Petition No.3913 of 2008, by which the writ petition was 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 four (4) 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; 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 of the Act; and d) If the respondent fails to intimate the result of the analysis within four (4) 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) As this Writ Petition is identical to the above said Writ Petition, the same is disposed of in terms of the said order. The directions contained the said order and reproduced above shall form part of this order. There shall be no order as to costs. ________________________ GOPALA KRISHNA TAMADA, J September 09, 2009 KSH