High Court · 2025
Case Details
M/s. Synergene Bio Solutions, Rep. by its Proprietor G. Srinivasa Rao S/o. Venkateswarlu R/o. MIG-352/1, Sri Krishna Enclave, Plot No. 203, Balaji Nagar, Kukatpally, Hyderabad ...PETITIONER AND The Commissioner AND Director of Agriculture, Opp. L.B. Stadium, Basheebagh, Hyderabad, A.P. ...RESPONDENTS Petition under Article 226 of lhe 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 respondent in interfering with the manufacturing and sale of Petitioners bio-products like Tanatan, Dhana Dhan, buland, Glory, Synergene Flower, Rocky Eliminator, Jaan, Current and Zem Gadar, Dragon, Badshah, Prince , Focus, Hit and Action which contains Amino Acid and See-Weed extract by issuing Memo NO. PP.i1 2085/2005 dt.21-1- 2006 and letter No. W.ll(1)?o8512005 dt. 21-1-2006 as being illegal arbitrary unconstitutional and wittrout jurisdiction and further direct the respondent not to interfere with in any manner in the manufacture sale and distribution of petitioners bio products including from the licensed premises of the dealers/stockists under the lnsecticides Act 1968 and the Fertilizers Control (Order) Act 1985 l.A. NO: 1 OF 2009(WPMP. NO: 33645 OF 2009 ) 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 respondent not to interfere with manufacture, sale and distribution of our bio-products like Tanatan, Dhana Dhan, buland, Glory, Synergene Flower, Rocky Eliminator, Jaan, Current and Zem, Gadar, Dragon, Badshah, Prince , Focus, Hit and Action which contains Amino Acid and See-Weed extract, including from the licensed premises of the dealers, stockists under the lnsecticides Act 1 968 and the Fertilizers Control (Order) Act 1985 pending disposal of the above writ petition Counsel for the Petitioner: Ms. B. V. APARNA LAKSHMI Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER I THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.25831 of 2fi)9 ORDER: This writ petition is filed, under Article 226 of the Constitution of India, seeking the following relief: '...issue a uit, order or direction more particularlg one in the nature of ulit of Mandamus declaring the action of the respondent in interfeing with the manufactuing and sale of Petitioners bio-products like Tanatan, Dhana Dhan, buland, Glory, Sgnergene Flower, Rockg, Eliminator, Jaan, Cunent and Zem, Gada4 Dragon, Badshah" Prince' Focus, Hit and Action, u-thich contains Amino Acid and See-Weed extract by issuing Memo NO.PP.fi(1)2O85/2005 dt 2 1 .O 1 .2006 and letter No.PPJI(1)2085/ 20OS dt 21.01.2006 as being illegal, orbitrary, unanstitutional and. utithout jurisdiction and further direct tlrc respondent not to interfere uith in any manier in the manufocture sale and distribution of petitioners bio-products including from the licensed premises of the dealers/ stockists under the lnsecticides Act, 1968 and tle Fertilizets Control Order Act, 1985 and pass..."
2. Heard Ms. B.V.Aparna Laxmi, learned counsel for the petitioner and learned Government Pl,eader for Agriculture for the respondent.
3. tt is surbmitted by learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by 2 the common order passed by this Court in W.P.No.25293 of 2Ol4 and batch, dated lO.O7.2Ol5, as modihed by the Division Bench of this Court in W.A.Nos.lL22 and 1136 of 2016, dated 03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2O2l and batch vide Common order dated
07.O9.2021, held as under: " 1 1 . In vierv thereof, the Writ Petitions are disposed of, granting liberty to the petitioners to make applications in cornpliance with the requirement of Clause 5 of the order of the Government of India, bearing No.S.O.882 (E), dated 23.O3.2021, within two (02) weeks from the date of receipt of copy of this order. If such applications are made withjn the time stipulate d above, the competent authority shall process the same and i[ satisfied, to issue provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter.
12. It is made clear that the competent authority is entitled to collect samples in compliance of Part-C of the order dated 23.02.2021 and test the compatibility o[ tl're products meeting the parameters to be marl<etcd 2 as bio-nutrients, before granting the provisional Ccrtilicate ol Registration. It is in the public int<:rest to ensure that a product to be produced ernd marketed as a bio-nutrient with the object ol hclping thc farmer to develop high cellulose and resistancc po!\rer in thc plants meets the parametcrs to qualify as a bio-nutrient. The petitioncrs shall co operate in drawing the samples. Until the excrcise as directed above, is completed, subject ol- course to petitioners submitting applications u itl'rit-r the time stipulated above and in compliance of rr:cluircrncnts o[ Clause 5 of the order =ry l dated 23.02.2021 of the Government of India, petitioners are entitled to manufacture and distribute 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 warranted bY law".
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 applications, if any, pending in this wri petition, shall stand closed REE SD/.T. JAY ASSISTANT REG TRAR To, //TRUE COPY// SECTION OFFICER Basheerbagh, HYderabad, A P' l.TheCommissionerandDirectorofAgriculture,opp.L.B.Stadium' , 6i;Ec 6"rr,il. 'e. v nFAnlrn LAKSHMI, Advocate [oPUc] 5. Yfi d6.i"''cp Fon AbirbillTunE ,H,gn Courtfoithe state of relansana 4. Two CD CoPies at HYderabad [OUT] BM BS u HIGH COURT DATED:0710112025 I I 1 $t- ( q \ d zIfLB 2r'25 ORDER WP.No.25831 of 2009 I 9Esparc j DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,d