K. YOSEPH Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) These batch of cases arise out of a common cause, therefore, all these writ petitions are clubbed together and being disposed of by this common order.

(2.) The petitioners have filed these writ petitions challenging the action of the respondent, viz., Commissioner and Director of Agriculture, A.P. Hyderabad, in interfering with their business in manufacturing/marketing the bio-products by issuing Memo No.PP.II(1) 2085/2005, dtd. 21/1/2006 and Letter No.PP.II(1)2085/2005, dtd. 21/1/2006, as arbitrary and illegal, and consequently to forbear the respondent from interfering with their business activities in dealing with the bio-products.

(3.) The petitioners are manufacturers/marketers of bio-products such as Amino Acids, See Weed, Extracts, Enzymes etc., with various brand names. They claim that the said bio-products are manufactured without using any toxic chemicals and are useful to enrich the soil and ensure protection of land/crops from viral, bacterial, fungus and other infections, resulting in more production. According to the petitioners, the products manufactured by them are not covered either under the Insecticides Act, 1968 or Fertilizer Control (Order) Act, 1985. Therefore, there is no obligation on them to obtain licences under the said Acts for manufacturing/marketing the bio-products. Hence it is their case that the respondent has no jurisdiction to interfere with their business activities in dealing with the bio-products under the guise of the impugned Memo and the letter.