IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12153 of 2008 Between: M/s. Silicon Impex, Rep. by its Proprietor T. Rathna Kumar S/o. K. Thiru Murthy R/o. C/o. G. Ramaiah Chowdary D.No. 1-69, Pedavadlapudi , Guntur District, Factory at Sy.No. 63A, A . Sangampalayam, Mahalingapuram, Pollachi-642 002, Tamilnadu. ..... PETITIONER AND The Commissioner and Director of Agriculture, Andhra Pradesh, Gunfoundry, 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 will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the manufacturing and sale of the petitioner's Bio-products like Bloom, Sharp, Dolphin, Neet, Pilot, Helmet, Fytolon, Grow, Protector, Grovia, Trophy and Teja which contains Amino Acid and Sea-weed extract by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and the consequential letter No. PP.II(1)2085/2005 dt. 21-1-2006 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 the petitioner's Bio-porducts including from the licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985 and pass such other order or orders Counsel for the Petitioner:MR.C.V.BHASKAR REDDY Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following: Form-NIC-OGS/WP{VSMI} THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.12153 of 2008 ORDER: The matter is coming up for admission. Learned Government Pleader for Agriculture takes notice. The Writ Petition is filed for a Writ of Mandamus declaring the action the respondent in interfering with the manufacturing and sale of the petitioner’s Bio-Products like Bloom, Sharp, Dolphin, Neet, Pilot, Helmet, Fytolon, Grow, Protector, Grovia, Trophy and Teja, which contains Amino Acid and Sea-weed extract by issuing Memo No.PP.II(1)2085/2005, dated 21.1.2006 and the consequential letter No.PP.II(1)2085/2005, dated 21.1.2006 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 the 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 and pass such other suitable orders. Several facts had been narrated in the affidavit filed in support of the Writ Petition. It is also brought to the notice of the Court that a batch of Writ Petitions had been disposed of with suitable directions and a request had been made to dispose of this Writ Petition on similar lines. Hence, the present Writ Petition itself is being 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 analyzed in a suitable laboratory and intimate the result of the analysis, to the petitioners; (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. 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. The Writ Petition is, accordingly, disposed of. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 13.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner and Director of Agriculture, Andhra Pradesh, Gunfoundry, Hyderabad. 2.2CCs to 3.2CD copies