THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22089 of 2009 DATE:15.10.2009 Between: Greenindia Agritech, rep. By its Proprietor, Vijayawada,Krishna District. ... Petitioner and The Commissioner & Director of Agriculture, Hyderabad ... Respondent THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22089 of 2009 ORDER: This writ petition is filed by the petitioner concern seeking a Writ of Mandamus to declare the action of the respondent in interfering with its manufacture and sale of bio-product of Korada, Xpress, Trix, Satta, Laati, Signal and Smile, by issuing a Memo No.PP.II(1) 2085/2005, dated 21.01.2006, as illegal and arbitrary, and to further direct the respondent not to interfere with the manufacture, sale and distribution of its bio- products including from the licenced premises of its dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985. 2. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Government Pleader for Agriculture have fairly conceded that the subject matter of this writ petition is squarely covered by an order dated 13.06.2008 of this Court in W.P.No.12149 of 2008, and submitted that similar orders may be passed in this writ petition also. The operative portion of the said order reads as under: "Hence, the present writ petition is being disposed of with the following directions: 1) 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; 2) Within two (2) weeks from the date of submission of the samples and the literature by the petitioner, the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis, to the petitioner; 3) 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 4) 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. Accordingly, this writ petition is disposed of. No costs. _________________________ GOPALA KRISHNA TAMADA, J 15th October, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22089 of 2009 15th October, 2009 CBS