HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.24909 of 2014 Date : 4-12-2014 Between:
M/s. AEGIS AGRO CHEMICALS INDIA PVT. LTD.
Represented by its Managing Director, Sri Yalamuri Sambasiva Reddy .. Petitioner And The Government of Telangana, Represented by its Principal Secretary (Agriculture), Secretariat, Hyderabad and another ..
Respondents Counsel for petitioner : Sri Naga Praveen Venkayalapati Counsel for respondents: Assistant Government Pleader for Agriculture The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of the respondents in interfering with the manufacture, distribution and sale of various Bio-products by the petitioner as illegal and arbitrary.
At the hearing, the counsel for the petitioner is not present.
I have perused the record.
In his counter-affidavit, respondent No.2 has inter alia stated that after filing of the Writ Petition, he has directed the Mandal Agricultural Officer, Hyderabad Urban to visit the petitioner’s premises and furnish a report and accordingly, the Mandal Agricultural Officer has inspected the premises of the petitioner at the address given by it on 18-9-2014, and prepared a panchanama with photographs; that the machinery found in the premises such as ph meter, stirrer, oven, autoclave and weighing machine and other glassware cannot be called as manufacturing equipment but the same are meant for checking the quality of chemical related products after production; and that by the mere presence of such equipment, it cannot be concluded that the premises is a manufacturing unit. A copy of the inspection report has been filed along with the counter-affidavit to the said effect.
No reply affidavit is filed controverting the above facts.
Except filing a copy of VAT form, the petitioner has not produced any evidence whatsoever to show that it has established manufacturing unit and has been manufacturing Bio-products. In the absence of any proof of establishment of a manufacturing unit of Bio-products, no mandamus as prayed in the Writ Petition can be granted.
The Writ Petition is accordingly dismissed.
As a sequel to the dismissal of the Writ Petition, WPMP No.31166 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 4-12-2014 AM