HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.16949 of 2010 Date: July 16, 2010 Between: M/s. V.B.R. Bio Tech, Rep. by its Managing Director D. Vijaya Bhasker Reddy. … Petitioner And The Commissioner & Director of Agriculture, Opp. L.B. Stadium, Basheerbagh, Hyderabad. … Respondent * * * HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.16949 of 2010 ORDER: The petitioner assails the action of the Commissioner and Director of Agriculture, Hyderabad, the respondent, in interfering with the manufacture and sale of its bio-products, under memo and letter dated 21.01.2006. The petitioner seeks a consequential direction to the respondent not to interfere with such manufacture, sale and distribution of bio-products. 2. It is represented by the learned counsel appearing for the petitioner that the matter is squarely covered by the judgment of this Court i n M/s. Sri Manjunatha Organics Pvt. Ltd., v. The Commissioner & Director of Agriculture[1]. 3. The learned Assistant Government Pleader for Agriculture fairly concedes that the matter is so covered. 4. Accordingly, the writ petition is disposed of in terms of the judgment of this Court in M/s. Sri Manjunatha Organics Pvt. Ltd., v. The Commissioner & Director of Agriculture (1 supra) wherein reference was made to the earlier judgment of this Court in Writ Petition No.11336 of 2009, 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 eight (8) 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 of the Act; and (d) If the respondent fails to intimate the result of the analysis within eight (8) 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. 5. It is made clear that if any complaints are received from the ryots about the quality of the products manufactured by the industries in the name of ‘Bio-tech’, the respondent shall be entitled to take appropriate action, according to law, against the industries including the petitioner. No costs. __________________ SANJAY KUMAR, J Date: July 16, 2010. BSB [1] W.P. No.5039 of 2010, dated 15.3.2010