FERTILIZERS PESTICIDES AND SEEDS DEALERS WELFARE ASSOCIATION Vs. COMMISSIONER AND DIRECTOR OF AGRICULTURE GOVT OF A P
LAWS(APH)-2008-12-66
HIGH COURT OF ANDHRA PRADESH
Decided on December 29,2008

FERTILIZERS PESTICIDES AND SEEDS DEALERS WELFARE ASSOCIATION Appellant
VERSUS
COMMISSIONER AND DIRECTOR OF AGRICULTURE GOVT OF A P Respondents

JUDGEMENT

- (1.)THE petitioner is an association of dealers in fertilizers, pesticides and seeds in the State of A. P. They feel aggrieved by the insistence on the part of the respondents requiring the members of the association to obtain licences under the insecticides Act, 1968 (for short 'the Act')and the Rules made thereunder separately for godowns. The petitioner contends that rule 10 of the Insecticides Rules, 1971 (for short 'the Rules'), which provides for licences for sale and other activities in insecticides, requires the applications to be made in Form VI or VII and the licence is to be issued in Form VIII. According to them, there is no separate provision or form for grant of licences exclusively for godowns. It is also their case that the forms as well as licences mentioned not only the premises where the insecticides are sold, but also the places where they are stored.
(2.)THE respondents filed a counter-affidavit trying to justify the instances of obtaining separate licences. According to them, sub-rule (3) of Rule 10 of the Rules, mandates that separate licence be obtained, where the activities are undertaken at more places than one.
(3.)HEARD Sri Vedula Srinivas, learned counsel for the petitioner, and learned government Pleader for Agriculture.
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