M/S Shanmukha Agritech Limited v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION NO.21005 OF 2018 O R D E R :

This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioner seeking a Writ of Mandamus, declaring the action of the respondents in interfering with the production, sale and distribution of petitioners bio products, which are mentioned in the pleading in the Writ Petition, as illegal, arbitrary and unconstitutional. A further direction to the respondents not to interfere with the production, sale and distribution of the said products of the petitioners, which are marketed through its direct marketing staff and also through licensed dealers / stockiest etcetera as permitted under the provisions of Insecticides Act 1968 & Seeds Act and the Fertilizers (Control) Order, 1985, is also sought. 2.

I have heard the submissions of the learned Counsel for the petitioner and learned Government Pleader for Agriculture appearing for the respondents 1 and 2.

3.

I have perused the material record. At the hearing, learned counsel fairly stated that the issue involved in the present Writ Petition is squarely covered by the judgment, dated 03.11.2016, of this Court in Writ Appeal Nos. 1122 and 1136 of 2016. A copy of the said judgment is placed on record.

4.

Having regard to the facts and submissions and for the reasons alike as were mentioned in the aforestated judgment, this Writ Petition is allowed in terms of the judgment aforestated of this Court in Writ Appeal Nos. 1122 and 1136 of 2016. 5.

Registry is directed to annex a copy of the aforesaid judgment to this order.

Consequently, miscellaneous petitions, pending if any, shall stand dismissed. No order as to costs. ____________________________ M.SEETHARAMA MURTI,J Dated: 22.06.2018 JR

THE HONOURABLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION NO.21005 OF 2018 Dated: 22.06.2018 JR