IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23168 of 2009 Between: M/s.Avani Biotech, Hyderabad. ..... PETITIONER(S) AND The Commissioner & Director of Agriculture, Government of A.P., Gun Foundry, Hyderabad and two others. .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23168 of 2009 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 for Agriculture. 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. ____________________________ GOPALA KRISHNA TAMADA, J October 27, 2009 kvr