Point of Law : Whether or not any of these bio-products are insecticides, as these are matters which the authorities concerned are required to examine in accordance with the provisions of the Act, the Rules made there under, and the guidelines stipulated in the order under appeal.

ORDER:

1. This Writ Petition is filed to declare the action of the respondents in interfering with the sale and supply of the petitioners” bio-products like DHANUSH, RAKSHAK, O-FLOWER, O-GOLD, O-PLUS, OSCAR CHILLI SPECIAL, OSCAR COTTON SPECIAL, OSCAR PADDY SPECIAL, REVIVERE, ELIMINATE, WIPER SHINER, RIZER, SENATE, WINNER, EAGLE, BLASTER, FLAME, KOHINOOR, CARONA, SOLO, AMAZER, NEEEMA, MASTER AVID, MAJOR, JAGUAR, SAMPATHI, RICH RAJA, CLEAN, MARVEL, KISAN, JAIL, WASH AND FOOND which contains Amino Acid and See-Weed Extract by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and the consequential letter No.PP.II(1)2085/2005, dated 21.01.2006 as illegal and arbitrary.

2. The case of the petitioners is that, they are engaged in the business of sale and supply of bio-Products, which are manufactured without usage of any toxic chemicals unlike the manufacturing of regular pesticides; the bio-products marketed by them contain See Weed extract, Amino Acid, Organic Nutrients, Humic Acid, Fulvic Acid, Protein Hydrolysates, Gypszum, Tulasi water extract, Soya bean extract and plant extracts; these ingredients sourced from principal manufacturers and blended in stirrer with Acetone as Solvents and blended in water; the percentage of the ingredients will vary from one recommended crop to another recommended crop; the manufacturing unit of the petitioners” firm is situated at 40/301, Room No.24, Madam Subbanna Setty Factory, N.H. Road, Kurnool, Kurnool District; the Insecticides Act, 1968 provides for regulation of manufacturing, distribution and sale of insecticides; petitioners” firm is marketing the bio-products in Andhra Pradesh State and paying tax to the Government, it is not necessary to obtain any permission for marketing of the above bio-products, as the said products will not fall under the provisions of the Fertilizer (Control) Order 1985 or Insecticides Act, 1968; as the products of the petitioner do not fall under the ambit of either the Fertilizer (Control) Order, 1985 or Insecticides Act, the same can be sold without there being any marketing permission under the Fertilizer (Control) Order, 1985 and Insecticides Act; that in spite of the same, the 2nd respondent issued proceedings 21.01.2006 stating that bio-products are not covered by the Insecticides Act, 1968 or the Fertilizer Control (Order) Act, 1985; challenging the same, some of the manufacturers, filed WP No.8207 of 2006 and batch and this Court allowed the said batch writ petitions, directing the 2nd respondent not to interfere with the store, sale and distribution of bio-products; in spite of the same, the officials of the 2nd respondent informed that those orders are applicable only to the petitioners, who approached the Court; the similarly situated firms filed W.P.No.25293 of 2014 and batch and after disposal of the said Writ Petition and batch on 10.07.2015, the matters were carried before the Division Bench by way of Writ Appeal Nos.1122 and 1136 of 2016 and the said order was confirmed with certain modifications; hence, the Writ Petition.

3. Writ Petition No.25293 of 2014 and batch were filed challenging the action of the respondents therein in interfering with the manufacture and sale of bio-products by issuing a memo dated 21.01.2006. The sum and substance of the said memo is that certain products are not covered under the Insecticides Act, 1968 and the stocking/exhibiting for sale from the licensed premises is not permitted. Writ Petition No.25293 of 2014 and batch were filed on the ground that when the activity is not covered by the provisions of the Act, the respondent authorities cannot interfere with the activities of the petitioners therein and the said Writ Petitions were disposed of with the following directions.

"19. Keeping in view the above facts and circumstances, all these writ petitions are disposed of with the following directions:

i) The petitioners shall not deal with bio-products without maintaining proper packing and marking of the product. Th