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-products/bio- stimulants of petitioner- Company, viz., Alert Plus, Aliva Extra, All in One, Angel, A- Star, Bhalwan, Clock, Ex-Focus, Focus, Final, Greener, Gretest, Grase, Grow GR, Grow SL, I Care, Jwala, Key, Kisan, Lion, Mango SPL, Master, Money Bag, Next, Noble, Premium, Promo, Pushpin Plus, Quickout, Radar, Rooter GR, Rooter Soil, Rooter SP, Shine Grand, Shine Neem, Shine Power, Shine Super, Smart SP, Unic, V-Protect, Wash Out, Wings, Shine 19 All. Shine 28.28.OO, Shine Boron, Shine CN, Shine Max SL, Shine Max SP, Shine MG and Shine Zinc, which contains Cell Free Microbial Products, Anti- oxidants, Anti Transpirants, ,7 Pressmud' chitine and Egg she, and are arso not covered under the rnsecticides Act' 1968 and not incruded in Schedure-Vr of the Fertirizers contror (order) Act, 1985' by issuing Memo No. pp.r1(1)2085/ 2005,date d 21-01_2o06and Letter No. PP ll(1)2085/2005, dated 2l -0'r -2006.and in the absence of notification prescribing the standards in schedure-Vr, as being. iilegar, arbitrary, unconstitutionar, and direct the 2nd respondent not to interfere within any manner in seiling and distribution of bio-products/ bio_stimurants incruding from the licensed premises of the dea rers/stockists under the rnsecticides Act, 196g and the Fertilizers Contiol(Order) Act, 1985. IA NO: 'toF 2025 Petition under section 15.r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 2nd respondent not to interfere with manufacturing, sare and distribution of bio-products/bio-stimurants of petitioner-company, viz., Alert prus, Ariva Extra, All in One, Angel, A_Star, Bhalwan, Clock, Ex_Focus, Focus, Final, Greener, Gretest, Grase, Grow GR, Grow SL, ICare, Jwala, Key, Kisan, Lion, Mango SpL, Master, Money Bag, Next, Nobre, premium, promo, pushpin prus, euickout, Radar, Rooter GR, Rooter Soil, Rooter Sp, Shine Grand, Shine Neem, Shine Power, Shine Super, Smart Sp, Unic, V_protect, Wash Out, Wings, Shine 19 All, Shine 28.28.00, Shine Boron, Shine CN, Shine Max SL, Shine Max Sp, Shine MG and Shine Zinc, which contains ce, Free Microbiar products, Anti-oxidants, Anti rranspirants, pressmud, chitine and Egg she, and are arso not covered under the rnsecticides Act, 1g68 and not incruded in Schedure-Vr of the Fertilizers control (order) Act, 1985, including from the licensed premises of the dearers, stockists, under the rnsecticides Act, .1g68 and the Fertirizers 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 THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.4L48 of 2025 ORDER: In this writ petition, the petitioner has prayed for the following relief: ,,. . . ..to issue d Wrlt, Order or Direction more particularlg one in the n@;ture oJ Writ of Mandamus declaring the action oJ the 2nd Respondent in interfering with manufacturing sale and dtstribution of bio-products/bio stimulants o;f petitioner Compang uiz', Alert Plus' Aliua Extra, Alt in One, Angel, A-Sto,r, Bhalutan, Clock, Ex- Focus, Focus, Final, Greener' Gretest, Grase, Grow GR' Grout SL, I Care, Jtaala, Keg, Kisan, Lion, Mango iPL, Master, Moneg Bag, Next, Noble, Premiutn, Prorno, Pushpin Plus, Qulckout Rada4 Rooter GR, Rooter Soil, Rooter SP, Shine Grand Shine Neern, Shine Power, Shine Super, Smart SR Unic, V'Protect, Wash Out, Wings, Shtne 79 All, Shlne 28.28.OO, Shine Boron, Shine CN, Shine Max Str, Shtne Max SP, Shine MG and Shine Zinc' .,l,hich contdins Cell Free Microbial Products, Anti' oxidants, Anti'T?anspirants, Pressmud, Chitine' and Egg Shetl and dre o,lso not coaered under the Insecticides Act, 7968 and not included in SchedulaYl of the Fertillzers Control Order Act, 1985 bg issuing Memo No' PPJL(1)2O85/2OO5 dated 21.01.2006 and I'etter No'PP' II(1)2O85/2OOS dated 21.01.2006 and ln the absence oJ not{lcc:tion prescribing the standards in Schedule'W as being illegal, arbitrary, unconstitutional and dlrect the 2nd respondent not to interJere within any manner in selling and distrlbution of bio-products/ bio'stimulonts including from the d.ealers/stockists under the Insecticides Act, 7968 and the Fertilizers Control Order Act, 7985 and pass " "" licensed premises of

2. Heard learned counsel for the petitioner and learned Government Pleader lor Agriculture for the respondents'

3.ItiSsllbmittedbvlearnedcounselforthepetitionerthat the subject matter of this writ petition is squarely covered by the common order passed by this Court in W'P'No 25293 of 2Ol4 andbatch,datedlO.0T.2Ol5,asmodifiedbytheDivisionBench of this Court in W.A.Nos.1 122 and 1 136 of 2016, dated 03.11.2016. Further, this Court, while disposing of W'P.No'48 of 2021 and batch vide Common order dated 07'09'2021, held as under: In vie'nv thereof, the Writ Petitions are " I t . disposed of, granting liberty to the petitioners to make applications in compliance with requirement of Clause 5 of the order of the Government of India, bearing No.S'O.882 (E), dated 23.03.2021 , within two (O2) weeks from the date of receipt of copy of this order' If such applications are made within the time stipulated above, the competcnt authority shall process the same and if satislied, to issue provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter. It is made clear that the competent authority 12. is cntitled to collect samples in compliance of Part-C of thc order dated 23.02.2021 and test the compatlbility of the products meeting the parameters to be merketed 2 as bio-nutrients, before granting .;,---'----'F-*-Fva Y the provisional Certificate of Registration. It is in the public interest to ensure that a product to be produced and ma-rketed as a bio-nutrient with the object of helping the farmer to develop high cellulose and resistance power in the plants meets the parameters to qualify as a bio-nutrient. The petitioners shall co-operate in drawing the samples. Until the exercise as directed above, is completed, subject of course to petitioners submitting applications within the time stipulated above and in compliance of requirements of Clause 5 of the order dated 23.O2.2O2I of the Government of lndia, 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". 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 applications, if any, pending in this writ petition, shall stand closed. SD/-P. PADMANABHA REDDY ASSISTANT REGISTR,AR //TRUE COPY// ECT]ON OFFICER To, 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, Telangana State 3. One CC to M/s. B.V.APARNA LAKSHMI, Advocate [OPUC] 4. Two CCs to GP FOR AGRICULTURE, High Cou( for the State of Telangana at Hyderabad [OUTI

5. Two CD Copies BSR g BS HIGH COURT TMD, J DATED: '1310212025 ORDER WP.No.4148 of 2025 1Y\6 SIArq oA ( f .) rJ \a \ ),. \':,,. \_- 2 I tta.2[25 t O-c5p7. rCS 9O , i' (: l. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS G)qu w.