High Court for State of TelanganaWP/27651/2016disposed of no costs

M/S. Indus Bio Genetics, v. The Director Of Agriculture,

2016-08-18A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.27651 OF 2016 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent in interfering with the manufacturing, sale and supply of bio-product of petitioner - Firm, i.e., I-10, Thakat, Virat, Commando, Martin Jadoo, Humi Gold, Exodon, Solo, Vishal Gold, Power Play, Rakshak, Bullet, Thalwar, Synic, Tiger, Khadgam, All Rounder, I-Killer & Ramban, by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and Letter No.PP.II(1)2085/2005, dated 21.01.2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and further direct the respondent not to interfere with in any manner in manufacturing, sale and distribution of 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 such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Agriculture.

3. Learned counsel for the petitioner states that the subject matter in this writ petition is squarely covered by the common order passed by this Court in W.P.No.25293 of 2014 and batch dated 10.07.2015. He further submitted that this Court followed the same decision in W.P.No.5374 of 2016. It is not the case of the respondents that the orders passed by this Court in Writ

Petition No.25293 of 2014 and batch has been stayed or suspended as on today. Therefore, it is binding on the respondents.

4. Accordingly, this writ petition is disposed of in accordance with and in terms of the orders of this Court dated 10.07.2015 in W.P.No.25293 of 2014 and batch. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ A.V.SESHA SAI, J 18.08.2016 SS