AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14204 OF 2010 Between :
M/s.Green Tech Crop Chemicals Rep.by its Proprietor A.Ashok Reddy. PETITIONER AND The Commissioner &Director of Agriculture. …RESPONDENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14204 OF 2010 ORDER:
This Writ Petition has been filed by M/s. Green Tech Crop Chemicals, represented by its Proprietor A.Ashok Reddy, with a prayer to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in interfering with the manufacturing and sale of bio-products like Award Shine, Matrin, Repon Plus, Gart, Talesh-9, Miten, Miten Plus,Humic Plus, Nitro Plus, Cona, Safex, All clear, Corocin, Incenta, Deer and Catra Top, which contains Amino Acid and See-Weed Extract, as illegal and arbitrary.
2. When the writ petition came for admission, the learned counsel agriculture submits that the issue involved in this writ petition was squarely covered by the Judgment of this Court in W.P.No.8207 of 2006 and batch, which came to be dispose of on 25.04.2006, with the following directions:
“In view of the fact no license is required under the 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 Fungal and Bacteria, respondents can not interfere with the store, sale and distribution of bio-products belonging to the petitioner.
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 Cr.P.C”.
Following the above referred Judgment in W.P.No.8207 of 2006 and batch, this writ petition is also disposed of accordingly. There shall be no order as to costs.
B.SESHASAYANA REDDY, J JUNE 22, 2010.
YVL