M/s. Ample Bio Care Private Limited v. The Commissioner & Director of Agriculture, Andhra
Case at a glance
Outcome
Disposed of
Accordingly, the Writ Petition is disposed of in terms of the
Provisions considered
Judgment
Cause title
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, Order or Direction more particularly a Writ in the nature of Writ of Mandamus declaring the action of the respondent in interfering with the manufacturing and sale of Petitioner Bio-Products like Ista, Stoma, Award, Rover and Culex, which contains Amino Memo Acid No.PP.II(1)2085/2005, Letter No.PP.II(1)2085/2005, dated 21.01.2006 as being illegal, arbitrary, unconstitutional and without jurisidiction and further direct the respondent not to interfere with in any manner in the manufacture, sale and distribution of Petitioner Bio-Products including from the licensed premises of the dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985 and pass 21.01.2006 issuing Seaweed Extract Counsel for the Petitioner:MR.C.V.BHASKAR REDDY Counsel for the Respondent No.: GP FOR AGRICULT URE T he Court made t he following : T HE HON’BLE Ms. JUST ICE G. ROHINI W.P.No.20287 OF 2008
ORDER:
The writ petition is filed seeking a declaration that the action of the respondent, in interfering with the distribution and sale of the petitioner’s bio-products, as arbitrary illegal and without jurisdiction. When the matter is taken up for consideration, it is brought to my notice that the issue involved in the writ petition is squarely covered by a decision of this Court in W.P.No.8207 of 2006 and batch which were disposed of with the following directions by order dated
Operative part
25.4.2006 :
In view of the fact that no license is required under the Insecticides Act, 1968 for manufacture and sale of bio-products as long as they do not contain any ingredients of insecticide as mentioned in the schedule, i.e., Antagonistic Fungi and Bacteria, respondents cannot interfere with the store, sale and distribution of bio-products belonging to the petitioners. It is needless to say if the bio-products contain any chemical or insecticides which endangers the environment, it is always open for the concerned authorities to take appropriate action against the petitioners-manufacturers and the dealers of the said bio-products, and by the Executive Magistrate exercise of powers under Section 133 of Cr.P.C.
The fact that the petitioner herein is also similarly situated is not disputed by the learned Government Pleader. Accordingly, the Writ Petition is disposed of in terms of the above order passed in W.P.No.8207 of 2006 and batch, dated
25.4.2006. No costs. ___________ G. ROHINI, J. 18th September 2008 *T SNR
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is disposed of in terms of the
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Insecticides Act, 1968; Code of Criminal Procedure, 1973 — s. 133.
Which court decided this case, and when?
Andhra Pradesh High Court, on 18 Sep 2008.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.