IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20128 of 2008 Between: M/s Neo-Gene Agri Inputs Pvt Lte., Rep by its Managing Directo5r N.Narapa Reddy, S/o. N.Rami Reddy,R/o. Plot No.05, MJR Residency, Ground Floor, Hanuman Nagar, New Bowenpally,Secunderabad-II Factory at Sy.No.109, NCL Colony, R.K.Reddy Godowns, Kompally, R.R.District. ..... PETITIONER AND The Commissioner & 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 issue a writ, Order or Direction more particularly a Writ in the nature of Writ of Mandamus declaring the action of the respondent in interfering with the manufacturing and sale of Petitioner Bio-Products like Gene-Shot, Gene-X, Geno-Zyme, Geno- Zyme GR, Gene-Lord, Gene-Flower and Gene-shakthi, which contains Amino Acid and Seaweed Extract by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and Letter No.PP.II(1)2085/2005, dated 21.01.2006 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 Petitioner Bio-Products including from the licensed premises of the dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985. Counsel for the Petitioner: MRS.BOJJAVENKATA APARNA LAKSHMI Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.20128 of 2008 ORDER : This writ petition is ﬁled seeking a declaration that the action of the respondent in interfering with the manufacturing and sale of the petitioner’s bio-products as arbitrary, illegal and without jurisdiction. When the matter is taken up for consideration, it is brought to my notice that the issue involved in this writ petition is squarely covered by a decision of this Court in W.P.No.8207 of 2006 and batch which were disposed of with the following directions by order dated 25.4.2006 : “In view of the fact that no license 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 Fungi and Bacteria, 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 of Cr.P.C.” The fact that the petitioner herein is also similarly situated is not disputed by the learned Government Pleader. Accordingly, the Writ Petition is disposed of in terms of the above order passed in W.P.No.8207 of 2006 and batch, dated 25.4.2006. No costs. ______________ G. ROHINI, J Date: 16-09-2008 KLP