High Court · 2025

M/s. Jetti Agri Science, Rep. by its proprietor, J. Sai Krishna SrO. .T: Venkanna, ageq 28 ye4rs Rl/o.'D.No. 12-4, Gudur Village and lv{and5, llqnqp.LlOaO^aQ District, Tetangan State - 506'134. Factor! at - H.No. 7- 1?6121178, Srinag_qr_c9!ony, Kunttoor Viltage, Abudullapurmei Mandal, Ranga Reddy.Districl - 500 039. Office at - D.No. 2-17-12ti13lN, East Kalyanpu"ri, Uppal Mandal, Ranga Reddy District - 500 039, Tetangana a,"llr=r,r,O*a* AND 1 . The State of Telangana, Rep. by its Pdncipal Secretary, Agriculture and Co- 2. The Commissioner, and Director of Agriculture, State of Telanqana, Opp. operation Dept., Secretariat, Hyderabad 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., Kesari Gold, Kriya. Power Roots, Plant power, Agri yodha, Best Power, Jet-4, Bond, Green Boost Humic Max, Victory [VIax, Max power, Bevon, Dhanush, Dragon, Killer, J-Star, Smash. J-Success, Turbo [Vlax, Select,3-Star, Samrat, Neem-Max, J-7, EIon Max, Rathan Max, Boom Auxan, Leo Gold, Grow Gaint, Glory, Bloom Burst, Bio Bloom, J-Cort, Diamond, Cargo, Nutrient Defense, Gro-Glory, Grand, Vitara and Mana Soil 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-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.ll(1)21g5l2005,dated 21-01-2006and Letter No. pp.|(1)20A5t2005, dated 21- 01-2006,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. lA NO: 1 OF 202s Petition under Section '1 51 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 2"drespondent not to- interfere with manufacturing, sale and distribution of bio-prod ucts/bio-stimulants of petitioner-Firm, viz.. Kesari Gold, Kriya, Power Roots, Plant Power, Agri Yodha, Best Power, Jet-4, Bond, Green Boost. liumic Max, Victory Max, Max Power, Bevon, Dhanush, Dragon, Killer, J- Star, Smash, J-Success, Turbo Max, Select, 3-Star, Samrat, Neem-Max, J-7, Elon Max, Rathan Max, Boom Auxan, Leo Gold, Grow Gaint, Glory, Bloom Burst, Bio Bloom, J-Cort, Diamond, Cargo, Nutrient Defense, Gro-Glory, Grand, Vitara & Mana Soil 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. 1968 and not included in Schedule-Vlof the Fe(ilizers 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: M/s B.V.APARNA LAKSHMI Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER I THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.2427 OF 2025 ORDER: This Writ Petltlon is filed for the follou,ing reiief: "...... to llsue a Wnt Order or Diection tnore pa icull:l.rllJ one n tlLe nature of Wrt of Mandannus declaitg the action of the 2"d Respondent nt inte*nng with manufactuing sale an1 distibutton ol ba-products/bio stinuianrs oJ petitioner Firm uiz., Kesoi C'old, KnAa, Pou.)er Rools, Plant Pouter, Agn Yodha, tsest polL,er, Jet 4, Elond, Green Boost, Humic Mdx, Victor! Mo\, M&x Pouer, Bercn, Dhanush, Dragon, KiLIer, J-Stor, ,Smos4 J Slccess, Turbo i,lax, Selerl, 3-Sta,., Somrot, NeetuMe-, J 7, Elon Max, Rathan Max, Boom ALxon, Ipo CoId, Arou' Caint, Glory, BI@n Burst, Bio Bloom, J-Cort, thamond, Ca'go, Nutienl DeIense, Cro.clory, Cra d, Vitara and Motro Soil Plus, u'lridt cantains Cell Free Microbial Products, Anti.io,tilonts, A,tti Transpirants, Pressttud., Chitite and Egg SlrcU u d ore olso ttot couered uuler tLe Insecticides Act, 1964 and not inclu.d.ed in Schedule W of tle Fertilizers Coitrol (Order) Act, jgBS bA issuing Meno N?.PP II(1)2OA5/2005 doted 21-01-2006 cnd Letter No.pp ll1)2085/2o)5 dated 2101-2006 and h the ebsence of notLficetbn prescnbing ttle stdttdards in Schedule W as being illegal, arbitrary, unconstitutional and dvect the Z,a respondent not to interkre Loitlin an! ntavlcr it selling e]ad rlistibution oJ bio products/ bio stimulattts including front tle licen:;ed premises of the dealers/ stockists under the lnsecticides Act, 1968 and the Fertilizers Coitrol (OrderlAct, 1g8S and pass such otlEr order or orders......"

2. Heard learned counsel 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 1O.07.2O 15 in W.P.No.25293 of 2Ol4 and batch, as modified by the Division Bench of this Court in W.A.Nos. 1 I22 and 1 136 of 2016, dated ) .eP )421 TMD.J -2OZt

03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2021 and batch utde common order dated 07.O9-2O21, }leld as under: ln uieut thereof, the Writ Petitions are d.isposed oJ " I 1 . granting tibertg to the petitioners to make applications in ampliance with the requirement of Clause 5 of the order of the Gouernment of India, bearing No.5.O.882 (E), dated 23'03.2021, within ttuo (O2) ueeks from the date of receipt of copy of this order- If such applications are made within the time stipulated aboue, the competent autlloitg shall process the same and if satisfed, to issue prouisional Certtficate of Registration in. Fonn G-3, tuithitt.four (4) ueeks thereafter.

12. It is made clear that the competent authoitg is entitled to collect snrnples in compliance of Part-C of tlrc order dated 23.02.2021 and lest the compattbtlitA oI the products meeting the pararneters to be marketed 2 as bio-nutrients, before granting the prouisi<tnal Certificate of Registration' It is in the public interest to erlsure that a product to be produced and marketed tts a bio nutienl with tfle object of telping the farmer to deuelo;t high cellulose and resistance pouer in the plants meets the parameters to qualifu as a bio-nutrient. The petitioners shall co-operate in drawing the samples. Until the exercise as directed aboue, is completed, subject of u)urse to petilioners submitting applications u.tithin the time stipulated aboue and in ampliance of requirements of Clause 5 of the order dated 23.02.2021 of the Gouernment of India, petitioners are entitled to manufacture and distibute as contemplated bg Clause 4 of the order dated 23.02.2O21- Hou.teuer, tt is alutags \ I l TMD,J wp )427 )o2\ open to the competent authoitA to ueifg whether the products manufactured and distibuterl bg the petitioners are in ampliance with the statutorA requirements and take action os wananted bg lau.t,,.

4. In terms of the aforestated orders and fbr the reasons mentioned therein, this Writ petition is also disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pencling in tl-ris Writ Petition, shall stand closed. To //TRUE COPYII SD/-T.TIRUMALA DEVI ASSIS T REGIST S ION OFFICER 1 . The PrincipaL Secretary, Agriculture and Co-operation Dept., Secretariat, , Hyderabad, State of Telangana 2. The Commissioner, and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telanqana State 3. One CC to M/s. B.V.APARNA LAKSHM|, Advoiate tOpUCl 4. Two CCs to GP FOR AGRICULTURE, High Court fdr the Siate of Tetangana, 5. Two CD Copies at Hyderabad. [OUTI PSK. LS s HIGH COURT DATED:2910112025 ORDER WP.No.2427 ot 2025 o {,li-E ,t,41 ,I(. a.(' lIffi0m ,+ t iI:' t/' DISPOSING OF THE WRIT PETITION WITHOUT COSTS - -- :n-Xw