HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.22277 of 2010 Date: June 09, 2014 Between:
M/s. Lotus Crop Science, Gollapudi, Vijayawada, Rep. by its Managing Partner M. Ramesh Babu … Petitioner And The Commissioner & Director of Agriculture, Government of Andhra Pradesh, Hyderabad.
… Respondent * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.22277 of 2010 O R D E R:
It is brought to the notice of this Court that similar writ petition, W.P.No.23515 of 2013, was disposed of with the following directions:
a. The petitioner shall submit to the respondent the proof of its establishment of the industry for manufacturing of the bio-products;
b. The petitioner shall submit a sample of 5 kgs. Of each product dealt with by it together with the corresponding literature throwing light upon the manufacturing process as well as the contents thereof together with the composition/components of the products to the respondent herein. The respondent shall not refuse to receive the samples whenever submitted by the petitioner;
c. The petitioner shall also permit the officers authorized by the respondent to collect samples from the manufacturing units/sale points. The petitioner shall furnish details of its sale points to the respondent for drawal of samples;
d. The petitioner shall remit a sum of Rs.5,000/- (Rupees five thousand only) in respect of each sample along with the samples to the respondent to meet the expenses of analysis;
e. Within 8 weeks from the date of compliance of conditions as indicated in clauses (b), (c) and (d), the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioner;
f. 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 and the Insecticides Act, it shall be entitled to deal with the products only after obtaining registration/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; and
g. If the respondent fails to intimate the result of the analysis within 8 (eight) weeks from the date of submission of the samples as indicated above, 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.
It is also made clear that in the event the respondent receives any complaints from the agriculturists with regard to the quality of the bio- products supplied by the petitioner, it shall be open to the respondent to take necessary action in accordance with law.”
In view of the same and since the counsel for the petitioner as well as the respondent agreed for the same, this writ petition is also disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 09, 2014 BSB
73 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.22277 of 2010 Date: June 09, 2014 BSB