THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.25615 of 2014 Dated: 20.11.2014 Between:
M/s. Modhalkal Crop Sciences, Rep. by its Proprietor M. Methuku Chandra Shekhar .. Petitioner and The State of Telangana, Rep. by its Principal (Agriculture), Secretariat, Hyderabad, and another.
.. Respondents Counsel for the petitioner: Mr. O. Udaya Kumar Counsel for the respondents: A.G.P. for Agriculture (T.S.) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of the respondents in seeking to interfere with the alleged activities of manufacture and sale of bio-products by the petitioner as illegal and arbitrary.
In the counter-affidavit filed by respondent No.2, it is inter alia stated as under:
“In fact, it is further submitted that after filing of the above Writ Petition, the concerned Mandal Agricultural Officer of Quthbullapur of Rangareddy Dist had visited the premises i.e., address furnished by the Petitioner on 20.09.2014 and found some machinery and equipment in the said premises and submitted a panchanama report along with the photographs, which are filed herewith. But in fact the machinery found in the said premises such as ph meter, stirrer, oven, autoclave, blender, packing, sealing and weighing machine and other glassware cannot be said as manufacturing equipment, but the same are meant for quality checking of chemical related products after the production and also only for blending, mixing and packing the finished products. Therefore, mere presence of such machinery does not suffice to call the premises as a manufacturing unit.”
No reply-affidavit is filed controverting the above-reproduced averments in the counter-affidavit.
Since the petitioner failed to establish that it has established bio-products manufacturing unit, it is not entitled to any relief.
The writ petition is accordingly dismissed. However, this order will not preclude the petitioner from availing a fresh remedy after establishing the manufacturing unit.
As a sequel to the dismissal of the writ petition, W.P.M.P.No.32018 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 20th November, 2014 IBL