IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23816 of 2000 Between: M/s. Poori Farm Tech Pvt Ltd, Rep by Managing Director, K.S.Raju, S/o.Lakshmipathiraju, IDA, Pashamylaram, Patancheruvu, Medak District. ..... PETITIONER AND The Commissioner and Director of Agriculture, A.P., 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 in the nature of Certiorari calling for the records pertaining to the order passed by the respondent in his proceedings No. PP.II(2) 1969/2000, dt 11-2000 and quash the same as being illegal, arbitrary, unconstitutional being violatte Art 14 and 19(1)(g) of the constitution of India and to declare the impugned order is contrary to the provisions of the Insecticides Act 1968 and insecticides Rule 1971 or IN THE ALTERNATIVE to direct hat the orders of the respondent in Proc. No PP II(2) 1969/2000 dated -11-2000 shall be confirned only the Phorate 10% CG " of batch No 113 with manufacturing date of 7/2000 and to pass such otherorder or orders as this Hon'ble Court may deem fit. Counsel for the Petitioner:MR.S.V.R.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23816 of 2000 ORDER: The petitioner is a manufacturer of insecticides and pesticides. One of the products manufactured by it is ‘Phorate 10% CG’. A sample from batch No.113 of that product manufactured in July 2000 was tested by the Deputy Director of Agriculture in the office of the Joint Director (Agriculture) Karimnagar on 22.07.2000, by drawing the same, from one of the dealers of the petitioner by name M/s.Vuturi Agencies, Karimnagar. A show cause notice, dated 04.09.2000 was issued to the petitioner stating that the analysis of the sample revealed that the content is only 8.5% and in that view of the matter, the product is found to be misbranded. Alleging that there was no response to the show cause notice, the respondent issued proceedings dated 23.11.2000 directing that the petitioner shall not manufacture, stock, store, sell or distribute the product for a period of three months. The petitioner challenges the said proceedings. The petitioner states that on receipt of the show cause notice, it submitted an explanation on 26.09.2000 denying the allegations and offering to send the sample for testing at the Central Insecticide Laboratories, Faridabad, and though the explanation was received, the same was not taken into account while passing the impugned order. Heard the learned counsel for the petitioner and the learned Government Pleader for Agriculture. The allegation made against the petitioner in the show cause notice is that the Phorate 10% CG did not meet the specifications, when the sample was tested on 22.07.2000. The impugned order was passed on the basis that the petitioner did not submit the explanation. It is the specific case of the petitioner that it submitted an explanation on 26.09.2000. A copy of the same, which has the endorsement of receipt thereof by the office of the respondent on 28.09.2000 is filed. Though nearly eight years have elapsed, ever since the writ petition was filed, no counter affidavit is filed by the respondent. The assertion of the petitioner that it submitted explanation remains unrebutted. Therefore, the impugned order is obviously passed without considering the explanation submitted by the petitioner. At any rate, the impugned order was suspended and the period of three months has elapsed long back. The concerned batch of that particular product may have also been sold. The writ petition is accordingly allowed. There shall be no order as to costs. __________ 18.12.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KCS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23816 of 2000 Date: 18.12.2008 JSU