✦ High Court of India · 24 Jan 2025

M/s. Synagro Crop Care Private Limited v. 1. The State of Telangana

Case Details High Court of India · 24 Jan 2025

.....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-prod ucts/bio- stimulants of petitioner Company, viz., Syn-Ruler, Dolfin, Syn-Spider, Tierra, Taara, Syn-Bullet, Yuva- Star, Syn-Boom-SG, Winner, Runner, Synmagic, Blast, Pushpa, Custodian, Syn- Power, Blender, Rider, Melody, Twitter. Beast, Syngen, Polor, Rabin, Syn-Bonus, Devil, Gaddar, K-Miter, Josh plus, lcon Star-SG, Rock Star, Rocky, Syn-Gun-3G, Syn-Expert, Metador, Syngrow, Syn Cott, Synjet, Syn Dragon and Syn-Viplav, which contains Cell Free Microbial Products, Anti- oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the lnsecticides I I Act, 't 968 and not included in Schedule-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.ll(1)2085/2005, daled 21-O1-2006 and Letter No. PP.ll(1)208512005, dated 21-O1-2006,and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal, arbitrary, unconstitutional, 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 dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, '1985. |.A.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 be pleased to direct the 2nd respondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimulants of petitioner-Company, viz., Syn-Ruler, Dolfin, Syn-Spider, Tierra, Taara, Syn-Bullet, Yuva-Star, Syn-Boom-SG, Winner, Runner, Synmagic, Blast, Pushpa, Custodian, Syn-Power, Blender, Rider, Melody, Twitter, Beast, Syngen, Polor, Rabin, Syn-Bonus, Devil, Gaddar, K- Miter, Josh plus, Synjet, Syn Dragon and Syn-Viplav,which contains Cell Free Microbial Products, Anti-oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the lnsecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control (Order) Act, 1985, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 1968 and the Fertilizers Control (order) Act, 1985, pending disposal of the above writ petition. Counsel for the Petitioner : SMT B.V.APARNA LAKSHMI Counsel for the Respondents : GP FOR AGRICULTURE The Court made the following ORDER I a I i I THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1972 OF 2o25 ORDER: This Writ Petition is filed for the following reliefl- "... lo issue a Writ Order or Direction more patTicularu one in tle naturc of Wit oJ Maftdamus declaing the action of the 2^d Respondent in interkirLg Luith manufacturing, sale and di.stibution of bio-products/bio-stimulants of petitioner CompanA, Diz., Sgn-Ruler, Dolfn, fun Spiler, Tiena, Taara, SAn BuIIet, Yuua-Star, Sgn-Boom-SG, Winne\ Runner, Sgnnagic, Blast, Pushpa, C\lstodian, SVn Pouer, Blender, Rider, Melodg, Tuitter, Beast, Sgngen, Polor, Rabin, Syn-Bonus, Deuil, Gadda\ K Miter, Josh+, Icon Srar-sc, RocL: Slor, Rockg, Syn Gun3c, SAn-Expert, Metador, Sgngrou, Sy.]. Cott, SAnjet, SAft Drago\ & San-Viplau, LUhiclL &ntai6 Cell Free Microbial Products, Anti oxidants, Anti 'I rat5piri],].ts, Pressmud, Chitine and Egg Shell and are also not cnuered wlder the Insecticides Act. 1968 and not included in Scherlule W of the Fertilizerc CDltrol (order) Act, 1985, b! issuing Memo No.PP.tI( 1)2085/ 2005 dated 2t Ot 2006 atld Letter No.PP. tl(l)2Oa5/ 2005 dated 2l O 1 20A6 atld itr tlp absetLLr. oJ nat{Lcation prescnbitLg the standards i Sclpdule VI, as bems illegal, arbitrarg, un@nstitutio al atut direct the 2nd respondent not to interkre u)ithin anV manner it selling and distnbution oJ bio products/ btc-stimulatis irlcludi^g Jrom the licensed premrses o, lhe .lealers,/sro.Lrsls utlder the lnsecticides Act, 1968 and tle Fe.tilizers Control (Order)Act, 19a5 and pass . ."

2. Heard learned counsei for the petitioner and learned Government Pleader 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 1Q.07.2015 in W.P.No.25293 of 2014 and, batch, as modihed by the Division Bench of this Court in W.A.Nos. 1122 and 1136 of 2O16, -dated 03.11.2016. Further, this Court, while disposing -*- 2 TMD,] wp_1972 1425 of W.P.No.48 of 2O2I and batch uide common order dated 07 .O9.2021 , held as under: '11. In uieut thereof, the Wit Petitions are disposed of, granting libertg to the petitioners to make applications in compliance with the requirement of Clouse 5 of the order of the Gouernment of India, bearing No.S.O.SB2 (D)' dated 23.03.2021, Luithin tuo (O2) weeks from the date of receipt of copy of this order. If such applications are made ulithin the time stipulated aboue, the competent autlaity shall process the same and if satisfied, to issue prouisional Certificate of RegiStration in Form G-3, tutthin four (4) ueeks thereafter.

12. It is made clear that tLLe competent authoity is entitled to colLect samples in compliance of Part-C of the order dated 23.02.2021 and test the compatibilitg of the products meeting the porameters to be marketed 2 as bio-nutients, before granting the prouistonal Certificate of Registration. It is in the public lnterest to ensure that a product to be produced and marketed qs a bio nutient with the object oJ'helping the fa nner to deuelop high cellulose and resistance pou.ter in the plants meets the parameters to qualify as a bio-nutient. The petitioners shall co-operate in dranuing the sdmples. Untit th,e exercise as directed aboue, k completeC, subject of course to petitioners submitting applications uithin the time stipulated aboue and in compltance of reqtirements of Clause 5 of the order dated. 23.02.2021 of the Gouernment of India, petilioners are entitled to manufacfure ond distibute as contemplated bg Clause 4 of the order dated 23.02.2021. Hotueuer, it is alutags open to the competent autlnitA to ueifg uhether th.e products ( I 3 TMDJ wp 1912 2025 manufactured and distibuted by the petitioners are n compliance u-tith the statutory requirements and take action as raananted bg laut".

4. In terms of the aforestated orders and for the reasons 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. SD/-A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY/i R \ To CTION OFFICER and co-operation Dept, secretariat, state

1. The Principal Secretarv ^ of relangana at nyoeri#riculture z. ^ L.B.Stadium, Basheerba .t he _Commissioner and Director of Agriculture. Statr , j,-,:,,:s;[?f ?jff ^;,^"ri;dJ.f3:ffi r":li*i"l";"T:;"," 3. ff:33 tT|!] B V:APARNA LAKSHMI, Advocate ropucl SA BS A \& i ..1 HIGH COURT DATED:2410112025 ORDER WP.No.1972 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. t) G}T. Y\E ST^T€ I J a ,J 2$ Jlti 2t25 c .: I OFS p^1C

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