IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21066 of 2008 Between: M/s. Godavari Farm Chemicals Industries, rep. by its Proprietor V. Rajan, S/o. late R. Vengatta Rayulu, Plot No. 74 & 79, Ground Floor, Sai Srinivasa Residency, Dwarakamai Nagar, Vanasthalipuram, Hyderabad - 500 070. ..... PETITIONER AND 1 The Commissioner & Director of Agriculture, Government of Andhra Pradesh, Gunfoundry, Hyderabad. 2 The Joint Director, Agricultural Department, Khammam, Khammam District. 3 The Joint Director, Agricultural Department, Krishna District, Masulipatnam. 4 The Joint Director, Agricultural Department, Warangal District, Warangal. 5 The Joint Director, Agricultural Department, Nalgonda District, Nalgonda. 6 The Joint Director, Agricultural Department, Ranga Reddy District, Hyderabad. 7 The Assistant Director, Agricultural Department, Sattupalli, Khammam District. 8 The Agricultural Officer, Tallada, Khammam District. .....RESPONDENT(S) 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 an appropriate writ, order or direction more particularly one in the form of Writ of Mandamus (a) declaring the action of the respondents in interfering with the petitioner's business of manufacture, sale and supply of bio products without receiving the samples of 5 Kgs. of product dealt by the petitioner to get the analysis from the suitable laboratory in terms of the order passed by the Hon'ble High Court in W.P.No.19551 of 2007 and batch dated 14.09.2007 though the petitioner has obtained VAT Registration Certiﬁcate vide TIN No. 28316098671 dated 07.12.2005 from the VAT Registering Authority, Vanasthalipuram Circle. This action of the respondents is arbitrary, illegal and violative of Art. 14 and 21 of Constitution of India and violative of principles of Natural Justice and also contrary to the orders passed by the Hon'ble High Court in W.P.No.19551 of 2007 and batch; and (b) consequently declare that the petitioner is entitled to manufacture, sale and supply of bio-products in the Plot NOs. 74 & 79, Dwarakamai Nagar Vanasthalipuram, Ranga Reddy District without reference to the Memo No. II(1)2085/2006 dated 26.06.2006 issued by the ﬁrst respondent by extending the beneﬁt of orders 14.09.2007 passed in W.P.No.19551of 2007 and batch and pass such other and further order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.SATYANARAYANA MURTHY Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : ORDER: This writ petition is ﬁled seeking a declaration that the action of the respondents 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 25-04-2006: “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 25-04-2006. No costs. ___________ G.ROHINI, J 25th September, 2008 NOTE: Furnish C.C. in two days. B/o. SKM