THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.8177 OF 2010 Dated 13th April, 2010 Between: M/s Ramakrishna Seeds …Petitioner And The Commissioner and Director of Agriculture …Respondent Counsel for the petitioner: Smt B.V.Aparna Lakshmi Counsel for the respondent: GP for Agriculture The Court made the following ORDER: This writ petition is filed for the following substantive relief: “It is prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in interfering with the manufacturing and sale of our bio-products, which contains amino acid and see-weed 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 our bio-products including from the licensed premises of the dealers/stockists under the Insecticides Act, 1968 and the Fertilisers Control (Order), 1985.” At the hearing, it is admitted by the learned counsel for both the parties that identical writ petitions have been disposed of and one such writ petition being W.P.No.11336 of 2009, wherein the following order was passed. “It is agreed by the learned counsel for the petitioner and the learned Assistant Government Pleader for Agriculture that the issue raised in this writ petition is squarely covered by order dated 26.02.2008 of this Court in Writ Petition No.3913 of 2008, by which the writ petition was 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 four (4) weeks from the date of submission of the samples and the literature by the petitioner, the respondent shall get the same analysed in a suitable laboratory and intimate the result of the analysis to the petitioner; (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 of the Act; and (d) If the respondent fails to intimate the result of the analysis within four (4) 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.” As this writ petition is identical to the above said writ petition, the same is disposed of in terms of the said order. The directions contained in the said order and reproduced above shall form part of this order.” At the hearing, the learned Assistant Government Pleader for Agriculture submitted that the direction to analyse the samples within four weeks is causing difficulties because of inadequacy of facilities in the laboratories and that a minimum of eight weeks’ time is required for analysis. In view of the same, the respondent is directed to analyse the samples within a period of eight (8) weeks from receipt of the samples. It is further submitted by the learned Assistant Government Pleader that several ryots have been complaining about the quality of the products manufactured by the industries being run in the name of Bio-tech. It is made clear that if such complaints are received, the respondent shall be entitled to take appropriate action, according to law, against the industries including the petitioner. Subject to the above, this writ petition is disposed of in terms of the above reproduced order passed in W.P.No.11336 of 2009. C.V.NAGARJUNA REDDY, J Dated 13th April, 2010 vrn