THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40031 of 2014 Between:
M/s.Bhargavi Agritech and
DATE: 27.12.2014
…Petitioner The State of Telangana and another …Respondents COUNSEL FOR THE PETITIONER : SRI S.JAGADESWARA RAO COUNSEL FOR RESPONDENT No.1 : AGP FOR AGRICULTURE (TS) COUNSEL FOR RESPONDENT No.2 : AGP FOR AGRICULTURE (AP) THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40031 of 2014
ORDER:
This writ petition is filed for the following substantive relief:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondents in interfering with the manufacturing, sale and distribution of the petitioner’s bio- product namely ARJUNA, THUNDER, SPARK, KING DOCKS, LEO STAR, REAL STAR, SHOOT, KILLER+, WINNER PLUS, GRAND, ALL MIX SP, SUPER GOLD, NYTROGEM, BHARGAVI GR, BUMPER, TIGER, REVENGE AND ATTACK SUPER which contains Amino Acid and Sea-Weed extract by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and the consequential letter No.PP.II(1)2085/2005, dated 21.01.2006 as illegal, arbitrary, unconstitutional and without jurisdiction and of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents not to interfere with in any manner with the sale and distribution of the Bio-products of the petitioner including from the licensed premises of its dealers/stockiest under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act 1985.”
After arguing the case, Sri S.Jagadeswara Rao, learned counsel for the petitioner requested for permission of the Court to withdraw the Writ Petition with liberty to his client to file a fresh Writ Petition with evidence of establishment of the unit by installing machinery and commencing production activity.
The request of the learned counsel is accepted and the writ petition is dismissed as withdrawn with liberty in terms of the prayer made.
As a sequel to dismissal of main petition as withdrawn, WPMP.No.50207 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 27th DECEMBER, 2014.
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