TSR Organics Fertilisers and Pesiticides v. 1. The State of Telangana

Petitron under Section 151 CPC praying that in the circumstances stated an the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities not to interfere with the petitioner's Company business of manufacture, sale and marketing and distribution of its Bio- Products/Bro Stimulants i.e., Sea-Zyme, Zyme Max, Humi-Zyme, Max Root, MAX Flower, Nutrimax. MIXED MICRO, Micro MAX, Green Zyme, Flower Booster, Fish Amino, Fish Zyme. Bloom Max, Fruit More, Rose Mix, PlantVita,,Plantmin, Boromax, Humax, GardenFert, GardenPlus, Speedgro, Xpress Grp, Xtreeme Pro, Potting MlX. Fulvimax, Aminomax, Gromax, Growking, Sil-Zyme, RootMax, Maxroot, JEEVAMRUT, Sanjeevani Plus, YieldPulse, Yeild Mor, All in One, Mega Zyme, Panchgavya. Humic Gel, Seaweed Gel, Humi Sea Gel, Rooting, Root King, Slow Release, Soilfert, Bhumitra, Bhumitri, Bhudevi, Bhuraksha Suraksha, Kavach, Tomato-m ix.Chilli SPL, Paddy Tiller, Ecocrow, JioGreen, Harvest Gold, Ecozyme, BioBoost Liquid, Bone Meal, Vermicompost, Neem Cake, lvlustard Cake, Co Copeat. Banana Peel, Sesame Cake, Coconut Cake, Castor Cake, Sunflower Cake, Palm Kernel Cake, Linseed Cake, Mahua Cake, viruses and viruscure. Under the name and style of " TSR Organics Fertilisers and Pesiticides" including from the licensed premises of the Petitioner's Company and its dealers/stockiests in the State of Telangana under the lnsecticides Act, '1968 and Fertilizers (Control) Order 1985 pendlng disposal of the above writ petition Counsel for the Petitioner: SRl. G. ESWARAIAH Counsel for the Respondents: AGP FOR AGRICULTURE The Coud made the following: ORDER THE HON'BLE SRI .IUSTICE J.SREENIVAS RAO Writ Peti tion No.4523 of2025 Order.' I I hc Writ Petition is filed seeking the lollowing reliet " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Resporrdent authorities in interf'ering with manufacture sale and -fhe marketing of BioProducts/Bio Stimulants of Petitioner Company Petitioncr Cornpany is manufacturing the Bio products under the brand narne of "1SR Organics Fertilisers and Pesiticides" manutacturiug Distribution sale and marketing of its Bio Products/Bio StimLrlants i.e., SeaZyme, Zyme Max, I{umi-Zyme. Max Root. MAX Florver, Nutrimax, MIXED MICRO, Micro MAX, Crcen Zyme. Flowcr Booster, Fish Amino, Fish Zyme, Bloom Max, t-'ruit More. Rose Mix, Plantvita, Plantmin. Boromax, Humax, Gardenlied. GardenPlus, Speedgro, Xpress Gro, Xtreeme Pro, Potting MIX, l'ulvimax, Aminomax, Gromax, Growking, SilZyrne, RootMax. Maxroot. JEEVAMRUT, Sanjeevani Plus, YieldPulse, Yeild Mor .All in One Mega Zyme, Panchgavya, Humic Gel, Seaweed Gel, Ilunri Sea Gel, Rooting, Root King, Slow Release, Soilfert. Bhumitra, Bhumitri, Bhudevi, Bhuraksha, Suraksha, Kavach. Torlato-nrix, Chilli SPL, Paddy Tiller, EcoGror.i, JioGreen, Harvcst Cold, DcoZyme, BioBoost Liquid, Bone Meal, Vermicompost. Neem Cake, Mustard Cake, Co Copeat, Banana Peel, Sesame Cake- Coconut Cake, Castor Cake, Sunflower Cake, Palm Kerncl Cake, Linseed Cake, Mahua Cake, viruses and viruscure. Thc 2nd Rcspoudent in pursuance of the Memo No.PPI( I )2085/2005, dt.2ll01/2006 and consequential Letter No.PPII(l)2085/2005, dt.21/01/2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles la, l9(l)(g),21 and 300,4 of the (lonstitulion of India and consequently direct the respondent authorities not to interfere witlr the Petitioners business of nranufircturc sale and marketing of its bio products under the name and sq le o1"'TSR Organios Fertilisers and Pesticides" including frorn thc lioensed prcmises of the Petitioner Company and its dealers/stockiests in the State ofTelangana under the Insecticides Act 1968 and Fcrlilizers Control Order 1985."

2. Hearcl N4r.G.Eshu'araiah" leamed counsel for the petitioner and learncd Assistant Government Pleader for Agriculture for respondents. 2

3. With the consent of leamed counsel for the parties, the rvrit petition is being disposed ofat the stage of admission.

4. leamed counsel for the petitioners submits that thc issue raised in this writ Petition is squarely covered by the common order passed by this Court in W.P.No.25293 of 2014 and batch. dated 10.07.2015, as modified by the Division Bench in W.A.Nos.l122 and, I136 of 2016 vide common judgmcnt dated 03.1 1.20 t6. Irurrher, rhis Court, while disposing of W.P.No.48 of 2021 and batch vide common order darcd 01 .09 .2021^ held as under: "l l. In view thereol, the Writ petitions are disposed of, granting liberty to the petitioners to makc applications in comptiance with the requirement of Clause 5 of the order of the Ciovernmcnt ol India, bearing No.S.O.882 (E), dated 23.02.2021. within two (2) weeks from the date of receipt of copy of rhis order. lf such applications are made within thc time stipulated above, the competent authority shall process the sante and il satisfied, to issue provisional Certificate of Registration in Form G-j. within Itrur (41 weeks lhereafter.

12. lt is made clear that the compctent authority is entitlecl to collcct samples in oompliance of Part-.C, of the order dated 23.02.2021 and test the compatibitity of the products mceting the parameters to be marketed 2 as bio-nutricnts, before grantina the provisional Certificate of Registration. It is in thc publio interest to ensure that a product to be produccd and markeicd as a bio- nutrient with the object of helping the farmcr to develop high cellulose and resistance power in the plants mects the pararncters to qualify as a bio-nutrient. The petitioners shall cooperate in drawing the samples. Untit thc exercise as directcd above, is completed, subject of course to petitioners submitting applications within the time stipulated above and in compliance I 3 ol'requirements of Clause 5 of the order dated 23.02.2021 ol the Ciovernment ol India, petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021 . Horvever, it is always open to the competent authority to verily whether the products manufacturei and distributcd b1. the petitioners are in compliance with the slulut()r) rL.quirclrrcnts and take action as r.r arranted by law...

5. l.earned Assistant Governmcnt pleader for Agriculture has not disputed the same.

6. In terms of the afore-stated orders and lor the reasons mentioned thercin. this writ Pelition is arso disposed of. There shall be no order as to costs. As a scquel thercto. miscellaneous applications, if any, pending in the rvrit pctition sland closed. SD/-T.TIRUMALA DEVI NT REGISTRAR AS S I ECTION OFFICER \ //TRUE COPY// To, , +5 ,?;,J".I!B| , Secretary, Agricutture Department, Secretariat tsuitdings, 2. The Commissioner and Director of Agriculture. Government ot Telangana. _ Opp. L. B. Stadium, Basheerbaoh. Hvd" 3 One CC to SRt G ESWARAhH Rfvocate topUct ' ll',:r:3;1"r.:P FoR AGRiculfuh-i,HliAt"iXtor tne state or rerangana 5. Two CD Copies GJP CArrr Btu HIGH COURT DATED:1710212025 CC TODAY \AE STA re: 1 1 9 FTB * D F S E' f C 'ltc! z o {rt ORDER WP.No.4523 of 2025 q q ) t) i4 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Ba- )1 wlr{ @