Sri Ankala Parameshwari Bio Fertilizers v. The State Of Andhra Pradesh

Date : 30.10.2018 Between:

Sri Ankala Parameshwari Bio Fertilizers Represented by its Managing Director N Hanumaiah S/o Ramaiah Manufacturing Unit at Sy No 229 to 234 Anmagal Hayathnagar Hayathnagar Mandal RangaReddy District and Sale point at Plot No F5 Indexel Estate Industrial area Kalluru Mandal Kurnool District Petitioner And The State of Andhra Pradesh Agriculture Department Represented by its Principal Secretary A P Secretariat Velagapudi Amaravathi Guntur District Andhra Pradesh & others Respondents The Court made the following:

ORAL ORDER:

Petitioner firm claims that it is engaged in the business of manufacturing of organic fertilizers like City Compost, Vermi Compost and Press Mud for a long time and consequent to amendment to Fertilizers (Control) Order, 1985 (for short the Order, 1985) dated 16.8.2013, though Press Mud was not included, the Agricultural Officers of Anantapur, Visakapatnam, East Godavari, West Godavari and Kurnool are seizing their products alleging that Press Mud is also included in amendment to Order, 1985.

2.

When the matter is taken up, learned counsel for petitioner and learned Assistant Government Pleader fairly submit that on same issue, this Court passed orders in W.P. No. 13717 of 2014 dated 7.7.2014 and this writ petition can also be disposed of in terms thereof. Wherein, in paragraph 4, this Court held as under: "4. Admittedly, press mud and entries relating thereto were omitted from Schedule IV, in Part A, to the Fertilizer (Control) Order, 1985 and that when the petitioner applied for the licence in respect of the same, the respondent authorities have not granted by stating that it was not deleted from the Control Order. In view of the deletion of the product press mud from Schedule IV, Part A of the Fertilizers Control Order, the respondent authorities cannot interfere with the activity of the petitioner in respect of press mud."

3.

Following the same, the respondent authorities are directed not to interfere with the activities of the petitioner in respect of 'Press Mud'. Accordingly, writ petition is allowed. No costs. Miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE:30-10-2018 TVK

Date : 30.10.2018