IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.5653 of 2009 Between: M/s. Sudarshan Agro & Bio Chemicals, Regd. Office & Factory at B-7 Industrial Estate, Amaravathi Road, Gorantla, Guntur District, rep. by its Managing Partner Jamili Subba Rao, S/o. Rama Rao, Aged about 47 yrs., R/o. 4/1 Ashok Nagar, Guntur. ..... PETITIONER AND 1 The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Gun Foundry, Hyderabad. 2 The Joint Director, Agricultural Department, Guntur, Guntur District. 3 The Joint Director, Agricultural Department, Krishna District, Masulipatnam. 4 The Joint Director, Agricultural Department, Prakasam District, Ongole. (R3 & R4 are not necessary parties) .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the form of Writ of Mandamus (a) declaring the action of the respondents in interfering with the petitioner's business of manufacture, sale and supply of bio-products without receiving the samples of 5 kgs of product dealt by the petitioner to get the analysis from the suitable laboratory in terms of the order passed by the Hon'ble High Court in W.P.19551 of 2007 and batch dated 14.9.2007 though the petitioner has obtained VAT Registration Certificate vide TIN No.28320258527 dt.10.08.2005 from the VAT Registering Authority, Brodipet Circle, Narasaraopet Division. This action of the respondents is arbitrary, illegal and violative of Art. 14 and 21 of Constitution of India and violative of principles of natural justice and also contrary to the orders passed by the Hon'ble High Court in W.P.No.19551 of 2007 and batch; and (b) consequently declare that the petitioner is entitled to manufacture, sale and supply of bio-products in the B-7, Industrial Estate, Amaravathi Road, Gorantla, Guntur District, without reference to the Memo No.II(1)2085/2006, dated 26.06.2006, issued by the first respondent by extending the benefit of orders 14.9.2007 passed in W.P.No.19551 of 2007 and batch. Counsel for the Petitioner: MR.K.SATYANARAYANA MURTHY Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.5653 OF 2009 ORDER: Learned counsel on either side fairly conceded that the issue that arises for consideration in this writ petition is squarely covered by the order of this Court dated 25.04.2006 rendered in W.P.No.8207 of 2006 and batch, which was 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.” In view of the above, this writ petition is also disposed of in terms of the aforesaid order. No order as to costs. _________________ JUSTICE C.V. RAMULU 19th March, 2009. IBL