THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.28249 of 2014 Dated: 15.10.2014 Between:
M/s. Shanmukha Agritech Limited, Rep. by its Production Planning Coordinator M. Narayana Rao .. Petitioner and The Government of Telangana, Agriculture Department, Rep. by its Principal Secretary, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the Petitioner: Mr. L.V.S. Nagaraju Counsel for the respondents: AGP for Agriculture The Court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief:
“ … to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in interfering with the production, sale and distribution of petitioner’s Bio Products such as Mokshaa, Saviou, Jamindar, Gandeer, Jaaguar, Pasidi-6, Dhamman, Kingzymme (Granules), Keerthi, Terminator-11, Garuda, Gaagruth, Ekaveera, Mothi, Jeevanmithra, Kingzymme (Liquid), as illegal, arbitrary, un-constitutional and without jurisdiction and further direct the respondents not to interfere with in any manner with the production, sale and distribution of petitioner’s products produced by the petitioner and marketed through its direct marketing staff and also through the licensed dealers/stockiest etc permitted under the Insecticides Act, 1968, Seeds Act and the Fertilizers (Control) Order, 1985, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
At the hearing, the learned Assistant Government Pleader for Agriculture (Telangana State), on instructions, submitted that the petitioner is running a Bio products Unit. It is also admitted by the learned counsel for both parties that identical writ petitions have been disposed of, one such writ petition being W.P.No.11336 of 2009, wherein the following order was passed:
“It is agreed by the learned counsel for the petitioner and the learned Assistant Government Pleader for Agriculture that the issue raised in this writ petition is squarely covered by order dated 26-2-2008 of this Court in W.P.No.3913 of 2008, by which the writ petition was disposed of with the following directions:
(a) It shall be open to the petitioner to submit a sample of 5 Kg of each product dealt with by them, together with the corresponding literature throwing light upon the manufacturing process as well as the contents thereof, to the respondent herein;
(b) Within four (4) weeks from the date of submission of the samples and the literature by the petitioner, the respondent shall get the same analysed in a suitable laboratory and intimate the result of the analysis to the petitioner.
(c) 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, the petitioner shall be entitled to deal with the products, only after obtaining 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 of the Act; and
(d) If the respondent fails to intimate the result of the analysis within four (4) weeks from the date of submission of the samples and the literature, 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.
As the writ petition is identical to the above said writ petition, the same is disposed of in terms of the said order. The directions contained in the said order and reproduced above shall form part of this order.”
On considering the above mentioned order, this writ petition is also disposed of in terms of the order dated 26-02-2008 in W.P.No.3913 of 2008, except condition (d) extracted above which requires slight modification in this case. Accordingly, the following condition shall substitute condition (d) referred to above in the present writ petition:
“(d) If the respondent fails to intimate the result of the analysis within eight (8) weeks from the date of submission of the samples and the literature, it shall be open to the petitioner to avail appropriate remedies for enforcing this order.”
It is further submitted by the learned Assistant Government Pleader that several ryots have been complaining about the quality of the products manufactured by the industries in the name of Bio-tech. It is made clear that if complaints are received, the respondent shall be entitled to take appropriate action against the industries including the petitioner.
As a sequel to the disposal of the writ petition, W.P.M.P.No.35371 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 15th October, 2014 IBL