THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15715 of 2009 DATE:04.08.2009 Between: M/s. Nisarga Agri Technologies INC, Bangalore. ... Petitioner and The Commissioner & Director of Agriculture, Opp. L.B.Stadium, Hyderabad ... Respondent THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15715 of 2009 ORDER: This writ petition is filed by the petitioner company seeking a Writ of Mandamus to declare the action of the respondent in interfering with its manufacture and sale of bio-products, as illegal and arbitrary, or in the alternative, to consider its application dated 14.05.2009 and pass appropriate orders thereon. 2. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Government Pleader for Agriculture have fairly conceded that the subject matter of this writ petition is squarely covered by an order dated 25.04.2006 of this Court in W.P.No.8207 of 2006 and batch, and submitted that similar orders may be passed in this writ petition also. The operative portion of the said order reads as under: "In view of the fact that no licence 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 Fungal and Bacteria, the 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 Cr.P.C. The writ petitioins are accordingly disposed of. No costs." 3. Accordingly, this writ petition is disposed of. No costs. _________________________ GOPALA KRISHNA TAMADA, J 4th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15715 of 2009 4th August, 2009 CBS