IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16003 of 2009 Between: Coastal Agri Industries, Rep. by its Marketing Agent in Andhra Pradesh, Fertile Agro Chemicals, Smt. Sujata M. Shetty, W/o. Mahesh Kumar Shetty, Aged about 37 years, D.No. 51-15-A-A-6-4, G.V.R. Complex, Bellary Road, Kurnool. ..... 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 to issue an writ or order or direction more particularly one in thenature of writ ofmandamus by declaring the action of the respondent in interfering with the manufacturing and sale of the petitioner's Bio-product of Bio Image Liquid, Bio Image Granules, Velocity Liquid, Elndozyme Liquid, Elimix Powder, Mitose Liquid, Cyst Liquid, Varun Powder and Chinee Biodex by issuing Memo No.PP.II(1)2085/2005 dated 20.1.2006 as illegal,arbitrary, unconstitutional and without jurisdiction and it is further direct the respondent not to interfere in any manner with the manufacture sale and distribution of the petitioner's bio products including thel icensed premises of the dealers/stockiest under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985 Counsel for the Petitioner:MR.CH.VENKAT RAMAN Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16003 of 2009 ORDER: 1 When the matter is taken up for hearing, the learned counsel for the petitioner produced a copy of the order passed in Writ Petition No.12149 of 2008 dated 13.6.2008 and submitted that the cause in this Writ Petition is squarely covered by the order passed in the said Writ Petition. The learned Government Pleader reported no objection and he also fairly conceded that similar order can be passed in this Writ Petition. 2 In the light of the said consensus arrived at by the parties, this Writ Petition is 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 two (2) 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 or the Act; and d) If the respondent fails to intimate the result of the analysis within two (2) 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. 3 It is needless to say that till appropriate action is taken in pursuance of the directions specified supra, status quo as on today to be maintained. No order as to costs. ------------------ kvsn 06.8.2009