IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.8938 of 2009 Between: M/s. Essence Agro Chemcials rep. by its Proprietor Sabbineni Veeraiah Chowdary, S/o. Venkatramaiah R/o. Plot No.2, Ist Cross Roads, R R Nagar, Gollapudi, Vijayawada- 500 012, Krishna District.' ..... PETITIONER AND The Commissioner and Director of Agriculture, Government of 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 an appropriate writ, order or direction more particularly one in the nature 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 Court in WPNo.19551 of 2007 and batch dated 14.9.2007 though the petitioner has obtained VAT Registration Certificate vide TIN No.28707389922, dated 20.04.2009 from the VAT Registering Authority, Nandigama Circle, Vijayawada-I Division. 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 jutice and also contrary to the orders passed by the Hon'ble High Court in WP.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 No.2, Ist cross, RR Nagar, Gollapudi, Vijayawada, Krishna 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 14.9.2007 passed in WPNo.19551 of 2007 and batch and pass 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 respondent in interfering with the petitioner’s business of manufacture, sale and supply of 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 dated 25.4.2006, which were disposed of with the following directions: “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. ______________ C.V.RAMULU, J Date: 28.04.2009 va