High Court · 2025

M/s. Luminar Legacy Private Limited, Rep, !y-!t9 Director, G' ,9ai Teja S/o G' ;g"d'2i years. R/o. DNol620l3lD. Jav.a Kishan..E1c.!1ve' Rfir*; n".rramoei. Medak bistrict - 502 101 Factory and office at Sy No'106/A' S;i &A#"; Residencv, Block-C, Quthbullaplr Mandal, Shivalavam Road' Kompaili, N/edchal-MalkSjgiri District - 500 100, Telangana State. ...PETITIONER I I . AND l.TheStateofTelangana,Rep.byitsPrincipalsecretary,AgricultureandCo. 2. The Commislioner and Director of Agriculture, State of Telangana, Opp' operation Dept., Secretariat, Hyderabad. - L.B.Stadium, Basheerbagh, Hyderabad, Telangana tt"" ...*TTTONDENTS 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, dectaring the action of the 2nd Respondent in interfering with manufacturing, sale and distribution of bio-prod ucts/bio- stimulants of petitioner- Company,viz.,span,BoomCrest,Solvigo,Orange,Dhirenzo,Dominate' Ronaldo, Boom Amruth, Zenica, Kesari, Lucia, Boom Zenica, Mecedon, Greek Ruler, Faction, Boom Microbial, Luauxin, rhanzz, Lumin Flora, Glorivis, vireotech, Solivora, Regents, Shanghai, Shenzhen, Beijing, Xian, Boom Blast, Boom Blast Plus, Boom Auxin, Boom Auxin Plus, Zenith, Opulent, Sentinel Shield, Dominus shield, Defensor X, Fortune and Fortre SSX, 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, by issuing Memo No. pp.[(1)2085/ 2005,dated 21-01-2006and Letter No. PP.ll(1)2085/2005, 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 an'/ 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 2025 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 2ndrespondent not to interfere with manufacturing, sale and distribution of bio- products/bio-stimulants of petitioner-Company, viz., Span, Boom Crest, Solvigo, Orange, Dhirenzo, Dominate. Ronaldo, Boom Amruth, Zenica, Kesari, Lucia, Boom Zenica, Mecedon, Greek Ruler, Faction, Boom Microbial. Luauxin, fhanzz, Lumin Flora, Glorivis, Vireotech, Solivora, Regents, Shanghai, Shenzhen, Beijing, Xian, Boom Blast, Boom Blast Pluq Boom Auxin, Boom Auxin Plus, Zenith, Opulent, Sentinel Shield, Dominus Shield, Defensor X, Fortune and Fortre SSX, 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, 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 forthe Respondents: GP FOR AGRICULTURE The Court made the following: ORDER n ORDER: THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI- WRIT PETITION No.4718 OF 2025' This Writ Petition is hled for the following relief- '....-. to issue a writ Ordet or Direction more padicula.lg one in the natue of Writ of Manddmus declaring the actiott oI the 2d Respond.e t in interkring utth manufacturing, sc,le and distrib tion oJ bio-products/bio stifiuldnts of petitioner- Conpdny viz., Span, Btnm Crest, Soluigo, Oranq., I)ltirenz), Dominate, Ronaldo, Boom AmrutL Zenica, Kesari, Lucia, Boon Zenica, Mecedon, Greek RuLer, Faclion &nm Microbial, Lud xin, Thanz, Lumin Flo.a, Cloiuis, Vveoteck SoliDoro. RegetE, Shanghai Sllenzhen, Beijirtg, Xran, Boom Btast, Boom Bl(lst Plus, Boom Ar,Lrifl, Boom Aurin Plus, Zetith OpuleftL Sefltinel Shield, Domvtus Shield, Delen-.or x, Fortune and Fortre SSX whih contains Cell LYee Mbrcbiol Products, Anti-oxidants, Atlti 1-rcnspirants, Pressmud., Chithe and Egg Shell and are also fuot @uered und.er the hlsecticides Act, 1968 and. r.ot inclucled in Schedule-W of the I'erlilizers Control lorder) Ad, 19as bg issuing Memo N,.PP. (1)2085/2oos dated 21.01.2006 and latter No.PP.ll(l )2085/ 20OS dated 21.o1.2006 and tn ttp dbsene oJ notificatiot prescribing the standords in Schedule-Vl 6 being itlegal, arbitrary, urunnstifirtional, ald dired the 2a reqnndent not to interfere uithin a g manner in sellitlg and disfibution of bio- produds/ bio-stimulants includtng from the licensed premises of the dealers/ stock6ts under the Insecticides Act, 1968 and tle Feftiliz,ers Control (Order) Act, 1985 and. poss such other order or orders. . . . . .' I I

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 10.07.2015 in W.P.No.25293 of 2014 and batch, as modifled by the Division Bench of this Court in W.A.Nos.1 122 and 1 136 of 20 16, dated ---'\ 2 TMD,] wp 4718 2025

03.11.20 16. Further, this Court, while disposing of W.P.No.4B of 2O2l ancl batch uide comllor. order dated 07 .O9.2O21, held as under: "11. In uietu thereof, the Wit Petitions are disposed of, granting liberty to the petitioners to make applications in ampliance uith the rquirem.ent of Clause 5 of the order of the Gouernment of India, beaing No.5.O.882 (E), dated 23.0:r.2021, uithin truo (02) ueeks from the date of receipt of capg of this order. If such applications are made uithin the time stipulated aboue, thr; ampetent authoitA shall process the same and if satisfied, to [ssue prouisional Certificate of Registration in Form. G-3, uithirt four (4) weeks thereafier.

12. It is made clear that the competent authontg is entitled to collect samples in compliance of ParT-C of the order dated 23.02.2021 and test tlte compatibilitA of the products meeting the paranrcters to be marketed 2 .as bio-nutients, before granting the prouisional Certificate of Registration. It is in the public intczrest to ensure that a product to be produced and marketed as a bio-nutient with the object of helping the Jarmer to deuelop high ccllulose and resistance power in tle plants meets thc parameters to qualifg as a bio-nutient. The petitioners shall co-operate in drawing the samples. Unttl the exercise as directed aboue, is completed, subiect of course to petitioners submitting applications u;ithin the time stipulated aboue and ln compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Gouernment of India, petitioners are entitled to manufachne and distibute as contemplated by Clause 4 of tlte order dated 23.02.2O21. Howeuer, it is always f 3 TMDJ wP_471a-2O25 open to the competent authoritA to ueifg whetLler the products manufacfured and distributed by the petitioners are in compliance with the stahttory requirements and take action o.s uananted by laut".

4. In terms of the aforestated orders ald for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/-L. LAKSHMI BABU AN T REGIST AS ECTION OFFICER To 1 . The Principal Secretary, Agriculture and Co-operation Dept , Secretariat' Hvderabad. State of Telanqana. 2. ifi; Cormisiionei ano Di6ctor of Agriculture, State-of Telangana' opp' - i. g-.Stidiu*, Basheerbagh' Hyderabad, Telangana- State' 3. oft-CCi; M/s B.v.APARNA LRxsnut' Advocate{oPUCl ;. i; ccrlo'e pFon AGRTCULTURE, High court for the state of Telangana, 5. Two CD CoPies at Hyderabad. [OUT] PSK. BS s HIGH COURT DATE D : 1 810212025 ORDER WP.No.4718 of 2025 1i',E S,r4 oo.11 t ?t rid ZW z c) I Sp,. rr DISPOSING OF THE WRIT PETITION WITHOUT COSTS @"d W I I I