IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT:
THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.14799 of 2010 Between:
M/s.Vijaya Biotech rep. by its Proprietor P. Venkata Krishnaiah ... PETITIONER a n d The Commissioner and Director of Agriculture, opp. L.B. Stadium, Basheerbagh, Hyderabad, A.P.
… RESPONDENT ORDER:
This writ petition has been filed by M/s.Vijaya Biotech represented by its Proprietor P. Venkata Krishnaiah assailing the action of the respondents in interfering with the manufacturing and sale of its bio-products like Ask, Geetanjali, Mounika, Sye and Spandana, which contains Amino Acid and see- weed extracts.
2. When the writ petition came up for admission, the learned Government Pleader for Agriculture takes notice on behalf of the respondent.
3. Heard the learned counsel for the petitioner and the learned Government Pleader for Agriculture.
4. It is agreed by the learned counsel for the petitioner and learned Government Pleader for Agriculture that the issue involved in this writ petition is squarely covered by order dated 26-02-2008 of this Court in writ petition No.3913 of 2008. The directions given in writ petition No.3913 of 2008 reads as hereunder:
“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 analyzed 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.”
5. As this 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.
B. SESHASAYANA REDDY, J June 28, 2010.
PN
THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.14799 of 2010 June 28, 2010