HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.18407 of 2014 Date: 28-07-2014 Between:
M/s. SRINI CROP SCIENCE, represented by its Proprietor, M. Saida Reddy .. Petitioner AND The Commissioner and Director of Agriculture, Opp: L.B. Stadium, Fateh Maidan, Hyderabad .. Respondent HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.18407 of 2014 ORDER:
This writ petition is disposed of at the admission stage as agreed to by both the learned counsel.
2. This writ petition is filed for a Mandamus to declare the action of the respondent in interfering with the manufacturing and sale of the bio-products, which are stated in the affidavit filed in support of the Writ Petition, by the petitioner.
3. At the hearing, the learned counsel for the petitioner and the learned Government Pleader for Agriculture represented that the subject matter of the writ petition is squarely covered by a common judgment of this court dated 01-11-2011 in batch of Writ Petitions in M/s. Aruna Agro Tech, Chengam Tk Tiruvannamalai and others Vs. The Commissioner & Director of Agriculture, Hyderabad (W.P.Nos.17337, 17350, 18942 and 19654 of 2010, 21550, 21621, 21826, 21937, 21954, 21965, 22291, 22377, 23332, 23365, 23377, 23619, 26911 and 21526 of 2011) with certain directions and that this court in similar circumstances granted similar relief in W.P.No.20397 of 2013.
4. In the light of the above submissions, this Writ Petition is disposed of with the following directions:
1) The petitioner shall submit to the respondent the proof of its establishment of the industry for manufacturing of the bio-products.
2) 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.
3) 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.
4) 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.
5) Within eight (8) weeks from the date of compliance of conditions as indicated in Clauses (2), (3) and (4), the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioner.
6) 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
7) 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.
5. It is also made clear that in the event the respondent receives any complaints from the agriculturists with regard to quality of the bio-products supplied by the petitioner, it shall be open to the respondent to take necessary action in accordance with law.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 28-07-2014 Ksn