High Court · 2025

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- Firm. viz.. Sankalp, Sankalp Gold, Eco-Max-SP, Grow-up, Hi-Max, Essence, Bloom, Punch, Spyder, Starter, Super Deffence, Polo Star, Exo Boss, SP-Mite, Kitak-Ji, Pest-Kill, Bull-9, SP-Star, Jet-King, SP-Ultimate, Jojaba, Leaf Guard, AV- Cure, SP-Bullet, Stigma, Sumo, SP-Power, Vishwa, Pragna, SP-Neem, Yuva Plus, Shakthi Plus, Pravara Gold, Prudvi (plus) (plus). Devara, Super Hero, Luna-369, Nayan, Nayan Plus, Double Kick, Torch, Vardhan, Super Six, Protect, N-6, N-7, Zinco and Nihan-Raksha, 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. issuing Memo No. pp.il(1)2085/ 2005,dated 21-01-2006 and Letter No. PP.ll(l )2OI,S|ZOOS, dated 21-O1-2006,and in the absence of notification prescribing the standards in schedule-Vl, as being illegal, arbitrary, unconstitutio na 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 dealers /stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985. !A NO: 1 OF 2025 Petition under Section '15'1 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-Firm, viz., Sankalp, Sankalp Gold, Eco-Max- SP, Grow-up, Hi-Max, Essence, Bloom, punch, Spyder, Starter, Supen Deffence, Polo Star, Exo Boss, SP-Mite, Kitak-Ji, pest-Kill, Bull-9, Sp-Star, Jet-King, Sp- Ultimate, Jojaba, Leaf Guard, AV-Cure, SP-Bullet, Stigma, Sumo, Sp-power, Vishwa, Pragna, SP-Neem, Yuva Plus, Shakthi ptus. pravara Gold, prudvi (plus) (plus), Devara, Super Hero, Luna-369, Nayan, Nayan plus, Double Kick, Torch, Vardhan, Super Six, Protect, N-6, N-7. Zinco and Nihan-Raksha, which contains cell Free Microbial Products, Anti-oxidants, Anti rranspirants, pressmud, chitine and Egg Shell and are also not covered under the lnsecticides Act, 196g and not included in schedule-Vl of the Fertilizers control (order) Act, 19g5, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 196g 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 "7 , THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.429l OF 2025 ORDER: This Writ Petition is Iiled for the following relief:- ".... lo issue o wnt O.der or Dtectbn more pd1'a)la'lV one in Lhe nature of wrlt oI Mrrndr.mus declanng the action of the ? Respondenl ia intetkdng wilh nanufactunng sale and dLstnbution oJ bio produLts/ bb-stimulants of petitioner'Firm, uA., Sankalp, S6.nkalp Cokt, E o Max'SP, Crotl'-uP, Hi-Max, Esser..€, Bloon, Punch' Spgder, Stotler, Super Deffen.e, Polo Star, Exo Boss, SP Mite, KitakJi" Pest-KilL Bull 9, SP-Slar, Jet-King, SP Ulttmotc, Jojaba, laaf Cuard, AV-Are, SP'BuLlet, gigma, S\no' SP-PouEr, VGhua, Pragno, SP Neem, Yuua Plt1s, Shakthi Plus, Prauard Gold, Prudu plus ptus, Deuara, Supe. I\ero, Luna 369, Nalan, NaAan Plus, Double Krcq Torch Vatdhan, Super S&, Ftotect, N 6 N-7, Zi^@ and Nlhan Raksha, uhich @ntains CeU Free Mictobtal *oducts, Anh or.dattls, Anti T.otlspttutts, Pressmud, Chili^e and Egg Shell and ore also not corcr"d u^der the tnsecticides Act, 1968 and not included in Schedule W of the Ferl zers Conlrol (orde.) Act, 1985 bsuing Memo No.PP. (1)2085/ 2OO5, d(LEd 2 t -O I 2006 and lEtter No PP t41)2085/ 2005 doted 21.O1.2006 and in the abseice of not$caton prescnbing the standa.ds in Scladule W as being illegal' arbitrary, u^constrtutionaL and dtred tle 2 respondent not to inte.kre utithin ony mantBr in selling and dtstibulion oI bio-products/ bio-stimulants including ftom the licensed premses of the dealers / stocktsts under the lt$ecticides Act, 196A ad the Fen izrs Control (Ord"r)A.t, 1985 ond pass sucholher o.der ot orderc---..."

2. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the materia,l 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 10.07.2015 in W.P.No.25293 of 2014 and batch, as modified by the Division Bench of this Court in W.A.Nos. ll22 ar-d I136 of 2O16, dated 2 TMD,I wp 429t_2O25

03. I 1.2016. Further, this Court, while disposing of W.P.No.48 of 2027 and batch uide cornmorr order dated 07 .O9.2021, held as under: " 1 1 . In rietu thereoJ the Wit petitions are disltosed of, granting libertg to the petitioners to make applications in compliance u.tith the requirement of Clause 5 of the order of the Gouentment of India, beaing No.5.O.882 (E), dated 23.03.202 1, uithin ttuo (02) ueeks from the date of receipt of copy of this order. If such applications are made u.tithin the time stipulated aboue, the campetent authoitA shall process the same and if satisfied, to lssue prorisional C*ti,ficate of Registrotion in Form G 3, uLithin four (4) ueeks thereafer.

12. It is made clear that th,e competent authoitg is entitled to colLect samples in compliance of Part-C of the order dated 23.02.2021 and test tLte ampatibilitg oJ the products neeting the parameters to be mnrketed 2 as bio nutients, before granting the prouts[onal Certijicate oJ Registration. It is in the public interest to ensure that a product to be produrcd and marketed as a bio-nutient with the object of helping the fanner to deuelop high cellulose and resistance potuer in the plants meets the parameters to qualifu as a bio nutrient. The petitioners shall co-operate [n drauing the samples. Ltntil the exercise as directed aboue, is Lompleted, subject of course to petitioners submitting applications tlithin the time stipulated aboue and in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Gouemment of India, petitioners ore entitled to manufocture and distibute as contemplatecj bg Clause 4 of the order dated 23.O2.2O21. Houteuer, it is alwags t TMDJ wp_4291_2025 3 open to tlle competent autfnrity to ueifg uhettrcr the products manufactured' and distibuted bg the petitioners are in compliance u-rith the statutory requirements and take oction as utananted bY law"- 4 In terms of the aforestated orders and for the reasons mentionedtherein,thisWritPetitionisalsodisposedof There shall be no order as to costs' Miscellaneous petitions, if any' pending in this Writ Petition, shall stand closed' SD/. P. PADMANABHA REDDY T REGISTRAR ASSIS //TRUE COPY// ECTION OFFICER To Hvderabad, State of Telanqana. 'l . The Principal Secretary, Agriculture and Co-operation Dept ' Secretariat, 2 TIG Gm;isiioirii anO Di6ctor of Agriculture, State of Telangana, opp' L.A.Stadium, Basheerbagh, Hyderabad, Telangana State' a. one cc to M/s. B.V.RPA-RNA-LAKSHMI, Advocate-[oPUCl +. iwo ccs to Gp FOR AGRICULTURE, High court for the state of rerangana, at Hyderabad. [OUT]

5. Two CD Copies PSK- GJP H. HIGH COURT DATED:1410212025 I ORDER WP.No.4291 of 2025 t\rsEi'l 14: (. (' z o ]. -A- 12 BEt 2025 \ * DISPOSING OF THE WRIT PETITION WITHOUT COSTS .oPR4 &% *