IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 2977 of 2009 Between: M/s. Advanced Bio Technologies, Rep by its Partner Dr. M. Sreerama Raju, R/o. Plot No. 8, Flat No. 102/1 Sai Sivaram Mansions, Road No. 2 New Nagole Colony, Nagole, Hyderabad-500 035, Factory:H.No. 6- 19/3/4B, Opp : Huda Truck Parking Kukatpally Hyderabad - 500 072 ..... PETITIONER AND The Commissioner & Director of Agriculture, Opp : L.B. Stadium, Basheerabagh, Hyderabad. A.P. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High 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 Petitioner bio-products, Helix, Tackle, Reach, Trimar, Reclaim (Soil) Imagin, Iris, Ignite, Improve, Robust and Revolt, which contains Amino Acid and See-Weed extract, by issuing Memo No. PP.II (1) 2085/2005, dated 21- 1-2006 and Letter No. PP.II(1) 2085/2005, dated 21-1-2006 as being illegal, arbitrary, un-constitutional and without jurisdiction and further direct the respondent not to interfere with in any manner in the manufacture, sale and distribution of petitioner products including from the licensed premises of the dealears/stockists under the Insecticides Act, 1968 and the Fertilizers Central (order) Act. 1985. Counsel for the Petitioner:MR.C.V.BHASKAR REDDY Counsel for the Respondent: GP FOR AGRICULTURE The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2977 of 2009 ORDER: The writ petition is filed seeking a Mandamus declaring the action of the respondent in interfering with the distribution and sale of the petitioner’s bio-products as arbitrary, illegal and without jurisdiction. When the matter is taken up for consideration, learned counsel on either side fairly conceded that the issue involved in this writ petition is squarely covered by an order, dated 25.04.2006, rendered by this Court in WP.No.8207 of 2006 and batch, 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 aforesaid order passed in W.P.No.8207 of 2006 and batch, dated 25.04.2006. No order as to costs. _____________ C.V.RAMULU,J 17.02.2009 v v