The High Court · 2025

Petition under Article 226 ol the Constitution of India 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., Maari-2. Arun Tackle, A-Mite, A-9, Expert, C- Flower, Hitler. Star Plus, Prateek, Lion, Horse Power, K.G.F, Linga, A-Flower, T-Tak. Royal, Grand SP, Racket, Bhoo Star, Nature Joy, Control, Coverage. Expones, Bharat Mite, Sure, T-6, Jaguar, Boss, Leo, Marvel, Star and Terminator, 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 (OrdeQ Act, 1985, by issuing Memo No. PP.ll(1)2085i 2005,dated 21-01-2OOOand Letter No. PP.ll(1)2085/2005, dated 21- 01-2006,and in the absence of notification prescribing the standards in Schedule- W, as being illegal, arbitrary, u nconstitutiona 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 dea lers/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-productsibio-stimulants of petitioner-Firm, viz., Maari-2, Arun Tackle, A- Mite, A-9, Expert, C-Flower, Hitler, Star Plus, Prateek, Lion, Horse Power, K.G.F, Linga, A-Flower, T-Tak, Royal, Grand SP, Racket, Bhoo Star, Nature Joy, Control, Coverage, Expones, Bharat Mite, Sure, T-6, Jaguar, Boss, Leo, Marvel, Star & Terminator, which contains Cell Free Microbial Products, Anti-oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are atso not covered under the Insecticides Act, '1968 and not included in Schedule-Vlof the Fertilizers Control (Order) Act, 1985, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 1985 pending disposal of the above writ petition. Counsel for the Petitioner : B.V.APARNA LAKSHMI Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER T THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI - WRIT PETITION No.4765 OF 2025 . ORDER: This Writ Petition is hled for the following reliefl- ".. . - to 6sue a wnl Or(ler o. Drection more porlicula'ly one n the nature oJ wnt of Mondamus ()eclan g the o.t@n o[ the ?r Respondent n nte*rirrg tDith manufactunllg scJle an(l dLstrlbutnltt of bo prcducts/ bio slimulan's of petitioner'Fitm ub-, Maan-2, Atu^ 'l-ockle, A lll.e A g' F:xpert' C Floue', Httler, Star PIus' Prateek' Lion, Ho.se Power. K A F, Lngo A L'Iou'et T Tak' RoyaL C'and SP' Racket' Bfloo S.lat N(rture Joy, Control, Cot,erage :ajq,)ones. Ltharot Mite Sure, T'6, Joguar' Boss Leo' Maruel, Star ald Tetminator, which contons C"II Free Microbial Mucts' Antl ox]Jants Antt Trotlspr/onts, Pl?ssmud ChLtlne aruL Egg Shett and ore also lat ouered under the Insectrculcs Act, lc)68 arul not included in Schedule-W of Lhe Fertilizers Control (Orde4 Act, ]985, bu rssuurg Meno No PP' tI() )2085/ 2005 dated 21.o1 2006 a d Lelter NI.PP. n( 1)2085/ 2OAS dat.ed 2t.01-2006 ,:rnd in the absence of notificatbn prcscnbng the slan.Iarrls in -s.hedule W os beng iUegal' orbttrary' uncDnstitutional' and dvect the Za respondent not to nterfe'e u](hn anA manner in selLing and distnbution of bo-products/ bto stinulants ncludng J'om tlle licen-sed ptemises oJ the deale.s/ slockists under thc lnsectrcrdes Act 1968 and the Fertttizers ContrcL (Odet) Act, 1985 ond pass su.h otLrcr order ot orde's" '

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 2Ol4 and batch, as modified by the Division Bench of this Court in W.A.Nos.1 122 ar,d 1 136 of 2016, dated

03. I 1.20 16. Further, this Court, while disposing of W'P'No'48 I 2 TMD,J $)9 _4165 _2025 of 2021 and batch uide corr.lr:,or, order dated 07 .O9.2021' held as under: "11. ln uieut thereof, the Wit Petitions are disposed of, grantingl tiberlu to tlrc petit[oners to make application s in compliance utith the requirement of Clause 5 oJ the order ol the Gouentment of India, bearing No.5.O.882 (E), dated 23.03-2021' witlain luo lo2) tueeks from the date of receipt of coplt of this <>rder. If suclt applicahons are made uithin the time stipulated aboue, the competent outhoritA shall process the same and if satisfiecl, ro rssue prouisional Certlftcate of Reglstration in Form G-3, wtth[n futr t4) ue<:ks thereafler '

12. It is mode cleor that the competent outhoitu is entitled to collect sam;.tles in compliance of Part C of the order doted 23.02.2021 und test the compatibilitg of the products meettng the parometers to bet marketed 2 as bio nutients, before qranting the prouisionol Certtfcate of Regislration. It is in the public ulterest to ensure that a product to be produ<x:d and marketecl as (1 blo nutrient uith the object of helping the famter to deuelop high cellulose and resistance potuer in the plants meets lhe par(lmeters to qualifg as a bio-nulnent. 'l'he petitioners shall co opezrate in drawing the somples. Llntil the exercise as rlir<:cted aboue, is ampleted, subject of course to ytetition.ers submltting opplications within the time stipulated oboue and in compliance of requirements of Clause 5 of lhe order dated 2.3.02.2021 of the Gouemment oI India, petitioners o.re entitled ta nanufacture and dtstibute as contemploted bA Clause 4 of the order dated 23.02.2021. Hotueuer, [t is alturtgs open lo the campe.tent authoritA to ueifA uhether the products '1 3 TMD,J wp _4755 _2025 manufactured ond distributed bg the petihoners are tn compliance uith the statutory requirements and take action os utarranted by laut". 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 petitions, if any, pending in this Writ Petition, shall stand closed. SD/.L. LAKSHMI BABU ASSIS ANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The Principal Secretary, Agriculture and Co-operation Dept'' State of ierangand, Secretariai, Hyderabad'

2. The Commissioner and Director of Agriculture, State of Telangana, opp, ' i.b.si"liiiir, eaihe;rbrgn, Hvderabad' relansana State' 3. One CC to B.V.APARNA LAKSHMI, Advocate lOPUCl 4.TwoCCstoGPFoRAGRICULTURE,HighCourtfortheStateofTelangana

5. Two CD CoPies. BSK BBS i HIGH COURT DATE D : 1 810212025 ORDER WP.No.4765 of 2025 o( c c O HE STAT 1 t- 2 4 FiB 2[25 , Og 5-on T "rr(--$ ( 4' a DISPOSING OF THE WRIT PETITION WITHOUT COSTS @q);ct %ft