HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.28588 of 2011 Date: 10-11-2011 Between M/s. Bloom Corporation, Regd. Office at D.No.77-132-45, Main Road, Payakapuram, Vijayawada Rep. by its Managing Partner, S.Gopal … Petitioner and The Commissioner & Director of Agriculture, Government of Andhra Pradesh, Gun Foundry, Hyderabad … Respondent HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.28588 of 2011 Order: The petitioner has filed this writ petition challenging the action of the Commissioner and Director of Agriculture, A.P., Hyderabad, in interfering with its business of manufacturing and sale of bio-products by issuing Memo No.PP.II(1)2085/2006, dated 20-6-2006, as illegal. 2. The petitioner is manufacturer/marketer of bio-products with various brand names. It claims that the said bio-products are manufactured without using any toxic chemicals and are useful to enrich the soil and ensure protection of land/crops from viral, bacterial, fungus and other infections, resulting in more production. According to the petitioner, the products manufactured by it are not covered either under the Insecticides Act, 1968 or Fertilizer Control (Order) Act, 1985. Therefore, there is no obligation on it to obtain licence under the said Acts for manufacturing/marketing the bio-products. Hence, it is the case of the petitioner that the respondent has no jurisdiction to interfere with its business activities in dealing with the bio-products. 3. Sri K.Satyanarayana Murthy, learned counsel for the petitioner and the learned Government Pleader for Agriculture appearing for the respondent submit that the relief sought for in this writ petition is squarely covered by the orders of this Court in W.P.No.17337 of 2010 and batch, dated 01-11-2011. 4. In view of the said submission, this writ petition is disposed of with the following comprehensive directions, at the stage of admission. (a) The petitioner shall submit a sample of 5 kgs., of each product dealt with by it together with the corresponding literature throwing light upon the manufacturing process as well as the contents thereof together with the composition/components of the products to the respondent herein. (b) The petitioner shall also permit the officers authorized by the respondent to collect samples from the manufacturing units/sale points. The petitioner shall furnish details of its sale points to the respondent for drawal of samples. (c) The petitioner shall remit a sum of Rs.5,000/- (Rupees five thousand only) in respect of each sample along with the samples to the respondent to meet the expenses of analysis. (d) Within 8 (eight) weeks from the date of compliance of conditions as indicated in Clauses (a), (b) and (c), the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioner. (e) 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 and the Insecticides Act, it shall be entitled to deal with the products only after obtaining Registration/licence under the Control Orders. On the other hand, if the result is found otherwise, the petitioner shall not be subjected to the regime under the Control Orders; and (f) If the respondent fails to intimate the result of the analysis within 8 (eight) weeks from the date of submission of the samples as indicated above, it shall be open to the petitioner to deal with the products, notwithstanding the impugned memo, as long as the products are not insecticides or chemicals. It is also made clear that in the event the respondent receives any complaints from the ryots with regard to the quality of the bio-products supplied by the petitioner, it shall be open to the respondent to take necessary action in accordance with law. No costs. ___________________ NOUSHAD ALI, J. 10th November, 2011. Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.28588 of 2011 10th November, 2011. (Ak)