HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.23676 of 2014 Date: 22-09-2014 Between:
M/s. NASA CROP SCIENCE PVT. LTD., represented by its Director M. Praveen Kumar Reddy, Nizampet Hyderabad, Telangana State .. Petitioner AND The Commissioner and Director of Agriculture, Baheerbagh, Hyderabad .. Respondent HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.23676 of 2014 ORDER:
When the matter is taken up for hearing, learned counsel for the petitioner and the learned Assistant Government Pleader for Agriculture represented that the subject matter of the writ petition is squarely covered by the order dated 29-11-2012 in W.P.No.36844 of 2012. It is also submitted that as the petitioner has not filed proof of its establishing an industry for manufacturing the bio-products, a direction to the effect that the petitioner shall produce the proof of its establishing such industry, may be added to the directions already issued by this Court in the common order passed in the above-mentioned batch of writ petitions.
In the light of submission of the learned counsel and following the aforesaid order dated 29-11-2012 in W.P.No.36844 of 2012, the writ petition is 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 them 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 their 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 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. No order as to costs.
In view of disposal of the Writ Petition, WPMP No.29657 of 2014 also stands disposed of.
A. RAJASHEKER REDDY, J Date: 22-09-2014 Ksn