✦ High Court of India · 09 Jan 2025

High Court · 2025

Case Details High Court of India · 09 Jan 2025
Court
High Court of India
Decided
09 Jan 2025
Bench
Not available
Length
1,069 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or directlon, particularly one in the nature of Writ of Ivlandamus declaring the action of the Respondent authorities in interfering with manufacture, sale and marketing of Bio-Products/Bio Stimulants of Petitioner company. The Petitioner company is manufacturing the Bio products under the brand name of 'NNP SUNRYSE AGRO SEEDS PRIVATE LIMITED' manufacturing, Distribution, sale and marketing of its Bio Products/Bio Stimulants -*'.r{re..r'' i.e., Royal Swarna Gold, Trishulam, Grow Flower, Sampurna, Siri Sampada' Royal 555, Swarna Royal 555, Agrimin 7 Horse, Srikaram, Trisir, Royal 3 Mangos' Care andCure,Agriminlvlax,RoyalGromin,RoyalGoldLeaf,PureNeemGold'Royal Suraksha. Sri Siri, Mythree, Sri Mithra, Trishilam Gold. The 2nd Respondent in pursuance of the rvremo No.ppr(1)20g5 t2oo5 dt.21-01-2006 and consequentiar Letter No. Pp, (1)2o,sr2oos dt.21-01-2006 as being iregar, arbitrary, unconstitutiona r and without jurisdiction and in vioration of Articres 1a, 1 g (1 ) (g), 21 and 300-4 of the constrtution of rndia and consequenfly direct the respondent authorities not to i.terfere with the petitioners business of manuiacture, sare and marketing of its bio products under the name and style of NNp suNRysE AGRO sEEDS PRTVATE r--ilvrrED' incruding from the ricensed premises of the petitioner Company and its d ea lers/stockiests in the State of Telangana under the lnsectrcides Act. i 95g and Fertilizers (Control) Order 19g5 lA NO: 1 oF 2025 Rclral Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in :;upport of the petition, the High Coufi may be pleased to direct the respondent aufl^orities not to interfere with the petitioner,s company business of manufacture, and marketing and distribution of its B io_products/Bio Stimulants i.e., Swarna Gold, Trishulam, Grow Flower, Sampurna, Siri Sampada, Royal 551>, Swarna Royai 555, Agrimin 7 Horse, Srikaram, Trisir, Royal 3 [Vlangos, Care anl Cure, Agrimin Max, Royal Gromin, Royal Gold Leaf, pure Neem Gold, Royal siuraksha, sri siri, Mythree, sri Trishiram Gord. Under the name and 'Vithra, styk: of 'NNP SUNRYSE AGRO SEEDS PRIVATE LIMITED' including from the licensed premises of the petitroner,s Contpany and its dealers/stockiests in the State of rerangana under the rnsecticides Act, 196g and Fertirizers (contror) c)rder 1gg5 pending disposar of the above writ petition. Counsel for the petitioner: SRt RAVI PRAKASH N Counsel for the Respondents: AGp FOR AGRICULTURE The Court made the following: ORDER HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION No. 965 of 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 submifted 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'252 93 of 2014 and batch' dated 10.07.2015, as modified by the Division Bench in W'A'Nos-1 122 and 1136 of 2016, dated 03.11'20't6 Further' this Court' while disposing of W.P.No.48 of 2021 and batch vide common order dated 07 .09.2021, held as under: "11. ln view thereof, the Wit Petitions are disposed of' granting tiberty to the petitioners to make applications in compliance with the requirement of Ctause 5 of the order of the Government of lndia, bearing No'S.O.882 (E), dated 23'02'2021' within tvvo (2) weeks from the date of receipt of copy of this order' lf such applications are made within the time stipulated above' the competent authoity shal/ process the same and if satisfied' to issue provisional Ceriificate of Registration in Fonn G-3' within four (4) weeks thereafter'

12.ltismadeclearthatthecompetentauthoityisentitledto collect samples in compliance of Pafi-'C' of the order dated 23.02.2021 and test the compatibitity of the products meeting the parameterstobemarketed2asbio-nutrients'beforegranting \ { , ., the provisional Certificate of Registration. lt is in the public interest to ensure that a product to be produced and ma*eted as a bio- nutient with the object of hetping the farmer to develop high cellulose and resistance power in the plants meets the parameters to qualify as a bio-nutrient. The petitioners sha cooperate in drawing the samples. lJntil the exercise as directed above. rc completed, subject of course to petitioners submitting applicatrcns within the time stiputated above and in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Government of lndia, petitioners are entitted to manufacture and distibute as contemplated by Clause 4 of the order dated 23.02.2021 . However, it is always open to the competent authority' to verify whether the products manufactured and distributed by the petitioners are in compliance with the statutory requirements and take action as wananted by law."

3. The above position is not disputed by the learned Assistant Government Pleader for Agricurture and he fairry conceded for passing similar order in this writ petition also.

4. Therefore, following the aforementioned orders and for the reasons mentioned therein, this writ petition is also disposed of in terms thereof. T'here shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition. shall stand closed. SD/.V.KAVITHA ASSISTANT REGISTRAR //TRUE COPY// ,ril, ON OFFICER 1. The Prl. Secretary, Agriculture Department, Seqgetariat Buildings, The State of Telangana, Hyderabad. I j I i i I i I T I I \ To, The commissioner and Director of Agriculture, Government of Telangana' 3Hl[8,'JtllH;51'[??3'iRl'f,{!"e*Lo.rvst".^, Two CCs to GP for ngncurtuJJ' ?igh Ci';it"i tr'e State of Telansana' at Hvderabad [OUTI Two CD CoPies 2 3 4 5 \ TJ GJPw HIGH COURT DATED:0910112025 ORDER WP.No.965 of 2025 / , t ., t)n. lFt::ilA 4 I 0 ri:-i IrrI I of:s:.A rc t '( a DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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