The High Court · 2025

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REODY WRIT PETITIONNO: 906 OF 2025 Between: M/s.S.S.CropCare,Rep.byitsProprietor,KanthiSrihariS/o'KanthiMallaiah'aged ;9";;;,-'Ri". Fr.jt rl-o.rrinl rleSt c,tv lt/odel school VUava Nasar colgnv' i"ooiiriiii, xiu"dpirii, nlvatr'riagii Mana-ir nansl neddy Disthit, Telangana 9tate r;oT"sli;' i;;i;^i;;a oftiJJ ii .'o.ruii.+-siori sletot No.4 Road No.6, Ne_ar Kirana ii#, H;i#i;;'s;; Hi;A;;Ransa nedav District' relansana state - 501 505' ...PETITIONER AND 1 . The State of Telangana, Rep. by its Principal Secretary' Agriculture and Co- ' 2. The commissioner and Director of Agriculture, s.late of Telangana, opp. L'B operation Dept., Secretariat, Hyderabad' Stadium, Basheerbagh, Hyderabad, Telangana lttate' ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue a Writ, Order or Direction, more particularly one in the nature of WritofMandamusdeclaringtheactionofthe2ndRespondentininterferingwith manufacturing,saleanddistributionofbio-products/bio-stimulantsofpetitioner. firm, viz., Growth, Jeeevan, Care, Mithra, Flower Boon' Jupiter' Winner' Attabk' Corax, Humic Gold, Gagan, Neem Power, Lotus' Rapid' Noble' Expert' Control' Magic, Kissan, Mega Power' Booster' Action' Garuda' Vayu More, Poushak, Vega, Max, Polo Star, Green Power, Race' Trishul' lcon Plus' Perfect' Top' Shooter, Root Gold Plus, Smart, Black Gold' Rich Gold' Genious' l'leem Shakthi' Legend,Leader,PowerGold,surprise,Hunter'Ensure'Fertisol'Fertigoldand Fatara,whichcontainsCellFreeMicrobialProducts'Anti-oxidants'Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under - l I the lnsecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.ll(1)208512005, dated 21-01- 2006 and Letter No. l,P.ll(1)208512005, dated 21-01-2006, and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal, arbitrary, unconstitutional, and rJirect the 2nd respondent not to interfere with in any manner in selling and distribution of bio-products/bio-stimulants including from the licensed premises of the dealers/stockists under the lnsecticides Act, .l g68 and the Fertilizers Control (Order) Act, 1985. lA NO: 1 OF 2025 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may tle pleased to direct the 2nd respondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimulants of petitione r-Iirm, viz., Growth, Jeeevan, Care, Mithra, Flower Boon, .Jupiter, Winner, Aftack, Corax, Humic Gold, Gagan, Neem Power, Lotus, Rapid, Noble, Expert, Control, More, poushak, Magic, Kissan, Mega Power, Booster, Action, Garuda, Vayu Vega, Max, polo Star, Green power, Race, Trishul, lcon Prus, Perfect, Top, Shooter, Root Gold plus, Smart, Black Gold, Rich Gold, Genious, Neem Shakthi, Legend, Leader, power Gold, Surprise, Hunter, Ensure, Fertisol, Fertigold and Fatara, which contains cell Free Microbial Products, Anti-oxidants, Anti Transpirants, pressmud, Chitine and Egg Shell and are also not covered under the lnsecticides Act, 196g and not included in Schedule-Vl of the Fe(ilizers Control (Order) Act, 1985, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 196g and the Fertilizers control (order) Act, 1985, including from the licensed premises of the dealers, stockists, r:nder the lnsecticides Act, 1g68 and the Fertilizers control (order) Act, 1985, pending disposal of the above Writ petition. Counsel for the Petitioner : B.V.APARNA LAKSHMI Counsel for the Respondents: cP FOR AGRICULTURE The Court made the following: ORDER i : HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITI ON No.906 ot 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Agriculture appearing for the respondents and perused the material available on record' Learned counsel for the petitioner submitted that the issue 2. raised in the present 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, as modified by the Division Bench in W'A'Nos'1122 and 1136 of 2016, dated 03'11'2016' Further' this Court' while disposing and batch vide common order dated of W.P.No.48 of 2O21

07.O9.2021, held as under: '1 1 . tn view thereof , the Wit Petifions are disposed of ' granting liberty to the petitioners to make applications in compliance with the requircment of Clause 5 of the order of the Govemment of lndia, beaingNo.s-O'882 (E)' dated 23'02'2021' within two (2) weeks from the date of receipt of copy of this order' lf such applications are made within the time stipulated above' tle competent authoity sha/l process the same and if satisfied' to issue provisbnat Certificate of Regislration in Form G-3' within four (4) weeks thereafter' 12. lt is made clear that the competent authoity is entitled to coltect samptes in compliance of Part- C' of the order dated 23.o2.2o2landtestthecompatibilityoftheproductsmeettngthe parameters to be mafueted 2 as bio-nutients' before granting \ \ . 2 the provisionat Ceftificate of Registration. tt is in fhe pubtic interest to ensure that a product to be produced and mafueted as a bio- nutrient with the object of hetping the farmer to develop high cellulose and resistance power in the ptants meets the parameters to qualify as a bio_nutrient. The petitioners sha cooperate in drawing the samples. tJntit the exercise as directed above, i:; compteted, subject of course to petitioners submifting applicatk>ns within the time stiputated above and in comptiance of requirements of Clause S of the order dated 23.02.2021 of fhe Govemment of tndia, petitioners are entifled to manufacture and distibute as contemplated by Ctause 4 of the order dated However, it is always open to the competent 23.02.20?-1 . authoity to veify whether the products manufactured and distibuted by the petitioners are in compliance with the statutory requirements and take action as warranted by law.,,

3. The above position is not disputed by the learned Assistant Government pleader for Agriculture and he fairly conceded for passing similar order in this writ petition also. 4. Therefore, foilowing the aforementioned orders and for the reasons mentioned therein, this Writ petition is also disposed of in terms thereof. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. SD/.L. LAKSHMI BABU ASSISTANT REGISTRAR //TRUE COPYII SECT]ON OFF]GER To, 1 I!:lll_"fal Secretary,.Agricutture and Co_operation Dept., State of ^ I etangana,. Secretariat, Hyderabad. z. r ne uommtsstoner and Director of Agriculture, State of Telangana, Opp. L.B Stadium, Basheerbagh, nyOeraUaO, teL;;;; SAi. 3. one CC ro B.V.ApArir.rh lAkdrlrvrr, nir"tlil-j. I6Fucf r

4. Two ccs to GP FOR AGRICULTURE, High court for the state of Telangana 5. Two CD CoPies. IOUT] BSK BS 6-t oW*'-'/\ r+--_--<.- I -<t._ -_J t \ HIGH COURT DATED:0910112025 ,g 1-'' S I^, ( <JA ? I lLii 2025 () * 9rhrcn EO I ORDER WP.No.906 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS V