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., Dragon, Shootout, Omex, Smash. Drona, Killer, Simha, Rolex, Mantra Plus, Trisul, RRR, Shoter, Golden 5G, Pavan Putra 4G, Allout, Bullet, Bramastram, Raksha, Humic Pro. Five Star. Terminator, Royal King, Tatin Plus, Runner, Winner, Damaka. Speed, Active, Gagan, Kalki, Fitter, Defender and Double Shooter, which contains Cell Free Microbial Products, Anti- oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the lnsecticides Act, t 968 and not included in Schedule-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.ll(1)2085/ 2005, dated 21-01-2006and Letter No. PP .11(1)208512005. daled 21-01-2006,and in the absence of notification prescribing the standards in schedure-Vl, as being iregar, arbitrary, unconstitutionar' and direct the 2nd respondent not to interfere within any manner in serring and distribution of bio-products/ bio- stimurants incruding from the licensed premises of the dearers/stockists under the rnsecticides Act. 1g6g and the Fertitizers Control(Order) Act, 1 985. IA NO: 10F 2025 petition under Se thearridavit,,,"o,,,,ool',lolr!rt:.",":',1'r:'rff tJ: j,*.T::.ffi :::?:X the 2ndrespondent not to interfere with manufacturing, sare and distribution of bio_ prod ucts/bio-stimula nts of petitioner-F irm, viz., Dragon, shootout, omex, Smash, Drona, Killer, Simha, Rolex, Mantra plus, Trisul, RRR, Shoter, Golden 5G, pavan Putra 4G, Allout, Bullet, Bramastram, Raksha, Humic pro, Five Star, Terminator, Royal King, Tatin plus, Runner, Winner, Damaka, Speed, Active, Gagan, Kalki, Fitter' Defender & Doubre shooter, which contains ce, Free Microbiar products, Anti-oxidants' Anti rranspirants, pressmud, chitine and Egg she, and are arso not covered under the rnsecticides Act, 1968 and not incruded in Schedure_vrof the Fertirizers contror (order) Act, 19g5, incruding from the ricensed premises of the dearers' stockists, under the rnsecticides Act, .1g6g and the Fertirizers contror (order) Act, 1985, pending disposar of the above writ petition. l:-T:"!for the petitioner: M/s. B.V.APARNA LAKSHMT counset for the Respondents: Gp roi-eiilc-tjiltne The Court made the following: ORDER ( ORDER: THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.8148 OF 2025 This Writ Petition is filed for the following relief:- "....-. to issue a Wit Order or Directbn more parlicutarlA onp h the nature of Wrtt oJ Mandamus decLaring the actioi of the 2a Respondent in intetkriq uith manufdctuing, sale and dtstibution of bio-products/ ba stimulants of petttioner-Ftm. uiz-, Dragon, Shootout, Omex, Smolh, Drona, KiUea Simho-, Rotex, Mantra plus, Trisut, RRR, Shoter, Gotden 5G, PaDan Putra 4G, Allout, Bullet, Bramcstram. Rakslfi, Humic Pro, Fiue Stor, Terminator, Rogal King, Tath PIus, Runner, Winner, Danaka, Speed, Adire, Cagan, Kalkt Fitter, Defender & Double Shaotpr, uhich @fttatls Cell Free Microbial Produds, Anti-oidonts, A^ti-Tran-sptrants, prcssmud, Chiline and Egg She aruL ore also nal cotEred undet tlE Insecticides Act, 1968 aruJ not tnclud.ed in Sclledule-W of the Fettilizers Cantrol Order ALl, 1985, by issuing Meilo N1.PP. (1)2085/2005, dated 21.01.2006 and Letter NI.PP. (1)2085/2005, dated 21.01.2006 and in the absence of notification prescrbing the standards in Schedule- W, as being illegat, arbitrary, unconstitutiotwl and dtect tte 2r respondent tu)t to inEtkre uithin ang manner in seIIirW and dbtribution of bio-produds/ bio-stimulants including Jrom the licensed premAes of the dealers/ stockists und.er the Insectbides Act, 1968 aad the Feftilizers ControL(Order) Act, 1985 and pass such ..."

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 subrnitted 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 2OI4 and batch, as modified by the Division Bench of this Court in W.A.Nos.ll22 and 1136 of 2O16, dated

03.1 1.2016. Further, this Court, while disposing of W.P.No.48 l i 2 TMDJ wp_8148-2025 of 2O2l arrc. batch uide comlrrorr order dated 07 .O{).2021. held as under: " 1 1. In uieu.t tLoreof, the Wit Petitions are dbposed of, granting libertg to the petitioners to make applico.tions in complian(E uith tlrc requirement of Clause 5 of the order of the Gouemment of India, beaing No.5.O.882 (E), dated 23.O3.2O21, uithin tuo (02) u.rceks from tte date of receipt of copg of this order. If such applications are made uithin the tim,e stipulated aboue, tlle competent authoitA shall process the same and if satisfied, to issue prouisional Certificate of Registration in Form G 3, within four (4) ueeks thereafier.

12. It is made clear that the competent authoitlt is entitled to colled samples in compliance of Part-C of the order dated 23.02.2021 and test tle ampatibilitg of tlrc products meeting the parameters to be marketed 2 as bio-nutients, before granting the prouisional Certificate of Registration. It is in the public interest to ettsure that a product to be produa2d and marketed as a bio-nutient uith the object of lelping tLe farmer to deuelop high cellulose and resi,stance pouer in the plants meets the parameters to qualifg os a bio-ruttient. The petitioners sLtall a-operate in drawing the samples. tlntil the exercise as directed aboue, is ampleted, subject of course to petitioners submitting applications utithin the time stipulated aboue and in compliance of requirement-s of Clause 5 of the order dated 23.02.2021 of the Gouetwnent of India, petitioners are entitle-d to manufacture and distibute a-s contemplated bg Clause 4 of the order dated 23.O2.2027. Hou.teuer, it is alwags open to the competent authoitg to ueifg tuhether the products 3 TMDJ wp_8148_2025 manufactured anl di.stibuted by the petitioners are in compliance uith tfe statutory requirements and take oction as uarranted bg law".

4. In terms of the aforestated orders and 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. To //TRUE COPY// ASSIS S -A.V.S. PRASAD REGIST CTION OFFICER Hyderabad, State of T6ian6ana

1. The Principal Secretary, Agriculture and Co_operation Dept., Secretariat, 2. The Commissioner and Di[ctor. of Agriculture, State of Telangana, Opp. ^ LB.SIqdium, Basheerbagh, HyderauZo, iLia-nqina State. 3. one CC to M/s. B.V.ApAhNA'LaXSHnrr, Aovo-cite [opuC] 4. Two ccs to Gp FoR AcRrculrunr, riish b-oiirti6iine siate of reransana, 5. Two CD Copies at Hyderabad. [OUT] PSK. BS s l HIGH COURT DATED:1810312025 ORDER WP.No.8148 of 2025 1vrt S rArA /..''' (j 24 r ,n ?t25 , c. '4 !o \c DISPOSING OF THE WRIT PETITION WITHOUT COSTS @u %" !