High Court · 2025

M/s. Sun Light Agri Products, Rep. by its Proprietor, Y. Srinivasa Rao S/o. Y. Bhaskar Rao Aged 46 years, Rlio. D.No.3 -100/A, Balusupadu V_ill_age, JaqgayyaPet Mandal, NTR District - 521 175, Andhra Pradesh. Factory and Office at. D.No. 16- 905, Plot No.905, Sy.No. 134-8, Dulapally Village, Medchal Mandal, Medchal- Malkajgiri District, Telangana State. .,...PETITIONER AND '1 . The State of Telangana, Rep. by its Principal Secretary, Agriculture and Co- operation Dept., Secretariat, Hyderabad.

2. The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State. .....RESPONDENTS 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, Order or Direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in interfering with manufacturing, sale and distribution of bio-products/bio- stimulants of petitioner- firm, viz., Tejaswi-SP, Sun Rise, Sun Shield, Sun Aminos, Skyzen-N, Samruddi- Gr, Fertisol-Gr, Cargill, Sun Power, Zing Zing, Rib Zib, Vanam, Vedha, Aakruti, Talwar, Omkar, Anti Cure, Expert, Brovin, 3-D, BEE-10, Cozen, Terra, Ajet, l- Focus, Sun Cure, Zing Zing Plus, Omkar-3, Expert Plus, Zebra, Racer, Eagle, Sun Grow, SSS, Kalki, Sun Flower. Sun Shakthi, Sun Force, Sun Grand,3-D Plus and Cozen Plus, which contains Cell Free Microbial Products, Anti- oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under l I 1 the lnsecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.ll(1)2085/2005,dated 21-01- 2006and Letter No. PP.11(l)208fl2005, dated 21-O1-2O06,and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal, arbitrary, unconstitutiona l, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-products/ bio- stimulants including from the licensed premises of the d ealersi stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, '1985. LA.NO:1 OF 2025 Petition Under Section 151 CPC prdying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to direct the 2"drespondent not to interfere with manufacturing, sale and distribution of bio-prod ucts/bio-stimulants of petitioner-tirm, viz., Tejaswi-SP, Sun Rise, Sun Shield, Sun Aminos, Skyzen-N, Samruddi-Gr, Fertisol-Gr, Cargill. Sun Power, Zing Zing, Rib Zib, Vanam, Vedha, Aakruti, Talwar, Omkar, Anti Cure. Expert, Brovin, 3-D, BEE-I0, Cozen, Terra, Ajet, l-Focus. Sun Cure, Zing Zing plus, Omkar-3. Expert Plus, Zebra, Racer, Eagle, Sun Grow, SSS, Kalki, Sun Flower, Sun Shakthi, Sun Force, Sun Grand, 3-D Plus & Cozen Plus,which contains Cell Free Microbial Products, Anti-oxidants, Anti Transpirants, pressmud, Chitine and Egg Shell and are also not covered under the lnsecticides Act, .1g68 and not included in Schedule-Vlof the Fertilizers Control (Order) Act, 198S, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 1g6g and the Fertilizers Control (order) Act, 1985, pending disposal of the above writ petition. Gounsel for the Petitioner : SMT B.V.APARNA LAKSHMI Counsel forthe Respondents : GP FORAGRICULTURE The Court made the following ORDER I I I I I o THE HON,BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1625 OF 2025 ORDER: This Writ Petition is filed for the following relief:- "...... to issue a writ Mer or Directiory more parlia arly' one in th'e nature of wAl of M.lftdamus, declartng tle action of the 2a Respondent in interferi^g uith m.lnufad ring, sale and distribution of bio'produds/bio'stimulonts of Petitionetfirm uiz., Tejasui SP, Sun R.se, slla Shield, Sun Aminos, Skgzen-N, Samruddi-Gr, Fenisol Gr, Cargiu, sn]ln Pou,er, Zing Zing, Rib Zib, Vdnam, Vedha, Aakt'uti, Talu)ar, O kar, Anti ane, Expert, Brovin, 3 D, BEE-11, Cozen, Tena. Ajet, r-Foc s, S}ln Cure, zing zing Ptus, Onkd3, Exryrt Plus, ?abra, Ra.'"r, Eagle, Sun Crou'r, SSS, Kalki' Sun FlouEr' slln Shaklhi, Sun Fon:e, Sun Cratu1, j-D Plus & Cozen Plus, luhich cont@ins Cell Free Microbiol Flodltcts, Anti oidants, Anti'Transpirants' Pressmud, Chitine and Egg SheU and are also not (nuered nder tle Insecticides Act, 1968 dnd not inclvded in Schedule-w of the Fertilizets Control (Order) Act, 1985' by rssuing Meno N''PP II(1)2085/20O5, dated 21'01 2006 and lztter NoPP (1)2085/2005, dated 21'01 2006 and in the r,bse:rce of nolification Prescribing the stcLnddrds in Sclledule V!, as being iuegal, arbilrary, unconslitutional ot l direct the y respondent not to iftterkrc L,ithin anA manner in selling and distibution of bio-products/ bio'stimulants including Jron tte tiensed premises of the deolers/ slocki'sts under tlle Insecticides Act, 1968 and the Fertilizers Controt (order)Act, 1985 and pass such other order or orders'-'-- " Heard learned counsel for the petitioner and learned 2 Government Pieader for Agriculture appearing on behalf of the respondents. Perused the material available on record'

3. It is submitted by the learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order of this Court dated 1O'O7'2015 in W.P.No.25293 of 2O14 and batch, as modified by the Division Bench of this Court in W.A.Nos. 1722 and 1136 of 2016, dated

03.11.2O16. Further, this Court, while disposing of W.P.No'48 2 TM D,.J wp 1625_202s a\ of 2021 and batch uide comlrron order dated 07 .09.2021, h.eld as under: "11. In uieuL thereof, the Wit Petitions are disposed oJ granting libertg to the petitioners to make applications in compliance uith the requirement of Clause 5 of the order of the Gouemment of India, beaing No.5.O.882 (E), dated 23.03.2021, ulithin tuo (O2) ueeks from the date of reeipt of apy of this ord.er. If such applications are made u-tithin tle time stipulated aboue, the d)mpetent authoitg shall process the same and if satisfied, to issue prouisional Certijicate of Registration in Form G-3, tuithin four (4) weeks thereofter. 12, It is made clear that the competent authority is entitled to collect samples in compliance oJ Part-C of tle order dated. 23.02.2021 and test tlle compatibility of the products meeting the parameters to be marketed 2 as bio-nutrients, before granting the prouisional Certificate of Registration. It is in the public interest ta ensure that a product to be produced and marketed as a bio-nutient uith the object of h.elping the farmer to deuelop high cellulose and resistance pou-ter in the plants meets the parameters to qualifu as a bto-nutrient- Tle petitioners shall co-operate in drauing the samples. Until the exercise as directed aboue, is ampleted, subject of course to petitioners submitting applications uithin the time stipulated aboue and in compliance of reqtirements of Clatse 5 of the ord.er dated 23.02.2021 of the Gouemment of India" petitioners are entitled to manufacture and distibute as anlemplated bg Clause 4 of the order dated 23.O2.2O27. Howeuer, it is aluags to the competent authoritA to ueifg u.thether the products ,7 TMDJ w9_1625l02s mqnufactured and dbtibuted bg the petitioners are m compliance rpith the stotutory requirements and take action as wanranted lry knt". in terms of the aforestated orders and for the reasons 4. mentioned therein, this Writ Petition is also disposed of' There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SDi-A.V.S. PRASAD ASSISTANT REGISTRAR n ION OFFICER State of Telangana at Hyderabad' to ,l. ,n" Principal Secretary, Agriculture and Co-operation Dept'' Secretariat' 2. The commi..ion"r rno'b]i"J6i ot ngriculture, state of Telangana, opp. - i.e.s1ioiJr, Basheerbagh, Hyderab-ad' Telangana State' 3. Two CCs to Gp rori'eCfii'Ctir-fUii, Higi' C5urt for the State of Telangana 4. 6;;'cc i;lrni-avlnpn nr'rn LAKS H M l' Advocate [o P uc] 5. Two CD CoPies at Hvderabad. IOUTI SA BS g I I : HIGH COURT DATED:2210112025 ORDER WP.No.1625 of 2025 t Y\e STAIE oA 1 ( ) o,J 2 g JIN 2t25 c I .> A t Of,-.i'.,\1! DISPOSING OF THE W.P WITHOUT COSTS. @)@?\a %t{,-