THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.27054 of 2014 Between:
M/s.Novel Plant Care And Dated 24th November, 2014 …Petitioner The Commissioner & Director of Agriculture, Opp:L.B.Stadium, Basheerbagh, Hyderabad, AP and another …Respondents Counsel for the petitioner: Sri Siva Sankara Rao Borra Counsel for the respondents: AGP for Agriculture (AP) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in interfering with the petitioner’s manufacturing and selling of bio-products as illegal and arbitrary.
Respondent No.1 filed a counter affidavit, wherein he has inter a l i a stated that the Mandal Agricultural Officer, Tenali visited the petitioner’s premises at plot No.42A, 3rd C ro s s Road, Autonagar, Somasundarapalem, Tenali on 11.10.2014 and found that no manufacturing unit is in existence in the said premises.
In view of this averment, on 09.10.2014 the learned counsel for the petitioner requested for an adjournment for filing documents and other material, such as photographs, showing the existence of manufacturing unit. But, he has not filed any such material.
In the light of the specific assertion by the respondents that no manufacturing unit is in existence and in the absence of any evidence filed by the petitioner showing existence of such unit, it is reasonable to presume that the petitioner has not established manufacturing unit. Therefore, no mandamus can be issued to the respondents not to interfere with the non-existing manufacturing unit.
For the above-mentioned reasons, the writ petition is dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.33827 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 24th November, 2014
VGB