High Court · 2025

M/s. Fertis lndia Private Limited, Rep. by its Chief Executive Officer, P. Gopala Krishna S/o. P. Suryanarayana, aged 66 years, Rl/o. D.No. 8-3- 965/A/50.1 , KBR Manicoms Residency, Srinagar Colony, Opp. HDFC Bank, Hyderabad-S0O 073, Telangana State. Factory at . Sy.No. 472b, Gollaguda Village, Sadasivapet Mandal, Sangareddy District-502 306, Telangana State Office at . D.No. 6-3-668/10/56, Plot No. 56, Durganagar Colony, Panjagutta, Hyderabad, Telangana State. ...PET|T|ONER AND

1. The State of Telangana, Rep, .by its Principal Secretary, Agriculture and Co- 2. The Commisiioner and Director of Agriculture, State of Telangana, Opp. L.B. operation Dept., Selretariat, Hyderabad. Stadium, Basheerbagh, Hyderabad, Telangana State. ...RESpoNDENTS Petition under Article 226 ol 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., Ecolaid Freedom Soil, Ecolaid Freedom-Folair, lmphact, Ever, Ecolaid Freedom lnsectcle, Ecolaid Prime-CNP, Ecolaid-CN, Akre Select Vegetative, Akre Select Flowering / Reproductive, Poly Green, Poly Flowering/Reproductive, Trail Blaze, Akre Shield, Ecolaid Pulse, Amino Plus, Akre Sure, Actin, Tracs Sure Foliar and Tracs Sure Granules, 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.ll(1)2085/ 2005,dated 21-01-2oodand Letter No. PP.ll(1)2A8512005, dated 21- 01-2006,and in the absence of notification prescribing the standards in Schedule- I I b, arbitrary, unconstitutional, and direct the 2nd respondent not to ,rry manner in selling and distribution of bio-products/ bio- -ruding from the licensed premises of the dealers/stockists under the .,,€s Act, 1968 and the Fertilizers Control(Order) Act, 't985. lA NO: 1 OF 202s Petition under Section 15i 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 2nd respondent not to interfere with manufacturing, sale and distribution of bio- products/bio-stimulants of petitioner-company, viz., Ecolaid Freedom soil, Ecolaid Freedom-Folair, lmphact, Ever, Ecolaid Freedom lnsectcyte, Ecolaid prime-cNp, Ecolaid-cN, Akre select Vegetative, Akre Select Flowering / Reproductive, poly Green, Poly Flowering/ Reproductive, Trair Blaze, Akre shierd, Ecolaid pulse, Amino Plus, Akre sure, Actin, Tracs Sure Foliar and rracs Sure Granules, which contains cell Free Microbial products, Anti-oxidants, Anti rranspirants, pressmud, chitine and Egg shell and are also not covered under the lnsecticides Act, 1g6g and not included in schedule-vlof the Fertilizers control (order) Act, 19gs, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 1968 and the Fertilizers control (order) Act, 19gs, 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 foltowing: ORDER l --7 r\ THE HOIT'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.8O5 L OF 2025 ORDER: This Writ Petition is frled for the following relief:- ".-.... to issu€ a Writ Mer or Directiol tuore paftil lortg oni in thc ftature of Writ of Mandamus declaring the oction of the N Re-spondent in intetering uith manufacturing sale and distribution of bio-prcducts/bb'stimulants of pedtiDner' Conpong., uiz., E.r,taid Freed.om Soit, F,t bA Freedom'Foloir, Inphact, Ewr, E@Idid Freedom ln-sectcyte, Ecolaid PriDLe CNP, F,6tdid-CN, Akre Seled VegetarfiE Alrre Seled Flowering / Reproductiue, PoIy Green, Potg FtouEing/ Rep@dudiue, Ttait BkEe, Ak'e Shteld, E<ulaid Pulse, Amino Plus, ALre Swe, Actin, Ilacs 51rre Foliar & Tfo.cs Sure Cranules, uhich @ntains Ce Free Microbiol Prodtcts, Antiaxida E, Adi- Tlanspirants, &essrllud, Chitine and Egg Shell and are also not .rruered. under the hsecticides Act, 1968 and not includ.ed it Sctedule'W oJ tle Fenilizers Control Order Ac1, 1985, bg issuing Memo No.PP.lt( 112085/ 2005, dated 21.o1.2006 Lld lztEt N,'PP' 1442085/2005, dated 21.01.2006 ond in the absene oI r.otifc,<ttion prescribing the sta lards in Schedute-w, os beinq illegal, otbitrary, un@ttsttttttioflal and dired the 2r respond.ent not to interkre uithin any manner i1 sellw anl distibutio oJ bb- products/ bio-stimuldnts including from the licensed premises of the d.eolers/ stockisls under t e hrsecticides Act, 1968 dnd the Fertilizers Controqordet) Act, 1985 Lnd' pass

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 modilied by the Division Bench of this Court in W.A.Nos.1 122 and 1136 of 2016, dated

03.11.2O16. Further, this Court, while disposing of W.P.No.48 2 TMDJ wp_8051_202S of 2027 and batch uide cor.rrrnorr order dated 07.O9.2O21, t'Leld as under: " 1 1 . In uietu thereof, the Writ Petitions are disposed of, granting ltbertA to tle petitioners to make applications in compliance Laith the reqtirement of Clause 5 of the order of the Catemment of India, beaing No.5.O.882 @), dated 23.03.2021, within tu-to (02) ueeks from the date of reeipt of copy of this order. If such applications are mad.e within the time stipulated aboue, the competent authority shnll process tte same and if sati-sfied, lo issue prouisional Certificate of Registration in Form G-3, ruith,in four (4) weeks thereafi.er.

12. It is made clear that the competent outhoitg is entitled to tnllect samples in ampliance of Part-C of the order dated 23.02.2021 and test tle cnmpatibilitA of the products meeting the parameters to be marketed 2 as bio-nutients, before granting the proui.sional Certifcate of Registration. It is in the public interest to ensure that a product to be produu:d and marketed as a bio-nutrient with the object of helping the farmer to deuelop high cellulose and resistance pouer in the plants meets the parameters to qualifu as a bio-nutrient. The petitioners shall co-operate in drauing the samples. Until the exercise as direded aboue, b ampleted, subject of €turse petitioners submitting applications within tle time stipulated aboue and tn ampltanre of requirements of Clause 5 of the order dated. 23.02.2021 of tlrc Gouernmenl of India, petitioners are entitled to tnnnufacture and distibute as antemplated bg Clause 4 of the ord.er dated 23.O2.2O21. Houeuer, it i.s atuaAs oryn to the competent autlaity to ueifg whether the p oducts a:7 3 TMOJ wp_m51_2025 manufoctured ond distibuted by the petitioners are tn compliance with tle statutory requirements and take action as u.tarranted bg lattt". 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/-A.v.s. RE PRASAD ,/ GTSTRAR / ASS /TTRUE COPYI' To 1ffitrut***#*ur:} PSK. BS 6 \ EcTtou orrtcen * HIGH COURT DATED:1 810312025 ) ORDER WP.No.8051 of 2025 ( .) o $E STAI e' , 2 4 UrR ?u25 ,E5joAl f 'P .- {' DISPOSING OF THE WRIT PETITION WITHOUT COSTS J @)4 W