High Court · 2025

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.. Supreme, Alex, lndigo, Jai Kisaan, Crazy, Economy, Tackle, Dollar. Super Max, Varam, Roxx, Bharat, Fighter, Naga.999, Net. Sitara. Anu. Black-Rock, Miller, Ganga, Teeja, Geetha, Bhagya, Dyeton-D. G-Coi A-Cot, Long- LiIe, Crazy Plus, Supreme Plus, D-Titan, Hit Man. Dharma. Kingdom, Jawan, Ajay, Jaguar, Rolex, Soft, Next Level and 1-lper. 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 21-01-2OOO and 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, unconstitutiona l, and direct the 2nd respondent not to interfere within any manner in se ing and distribution of bio-products/ bio- stimulants including from the licensed premises of the dealers/stockists under the lnsecticides Act, 1 968 and the Fertilizers Control(Order) Act, 198S. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in thd 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., Supreme, Alex, lndigo, Jai Kisaan, Crazy, Economy, Tackle, Dollar, Super Max, Varam, Roxx, Bharat, Fighter, Naga.999, Net, Sitara, Anu, Black-Rock, lvliller, Ganga, Teeja, Geetha, Bhagya, Dyeton-D, G-Cot, A-Cot, Long-Life, Crazy plus, Supreme plus, D_Titan, Hit Man, Dhanna, Kingdom, Jawan, Ajay, Jaguar, Rolex, Soft, Next Level & Hyper, which contains Gell Free Microbial products, Anti-oxidants, Anti rranspirants, Pressmud, chitine and Egg Shell and are also not covered under the lnsecticides Act, '1968 and not included in Schedule-Viof the Fertilizers control (order) Act, 1985, including from the ticensed 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 for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER o THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.8998 OF 2O25 ORDER: This Writ Petition is filed for the following relief:- "...... to issue a Wit Order or DiretTon more ponidJlarlg Ane ia the nature oJ Writ of Mand.omus declaing the action oI tte 2r Respondent i.n iaterfetuV tDith manufadu.ing sale and distribution oJ bio-products/b'r,-stimutarrts oJ petitioner Compang, uiz., Srprenle, AIex, Ind.igo, Jai Kisaan, Cra.zA, Economq, Tackle, Do\ar, S per Md.x, Varam, Roxx, Bharat, Fighter, Nago,999, Net, Sttara, AtuL Black-Roct\ Miller, Ganga, Teeja, Geetln, BhogAa, Dgeton-D, C.Crt, A-Cot, Lnng-LiJe, CruzA plus, Supreme Plus, D-nb\ Hit Man, Dhaflna, Kingdom, Jauan, Ajay, Jo.guar, Rolex, fuft, Nert. Lercl & Hqpe\ uhich contai^s CelI Free Microbiat produc|s, Anti oid.ants, Antl Transpirallts, Pressmud, Chitine and Dgg Shell and are a].so not corcred under the Insecticides Act, 1968 and not included in Sch.edute-W oJ ttrc FerTitizers Conlrot Order Act, 1985, by issuing Memo No.PP.l41)2O85/ 2005, dated 21.01.2006 dnd lattet No.PPll(1)2O85/ 2OO5, dated 21.01.2006 a,td in the absence oJ iotfication prcscribing the standards tL Schedule-W, as being iUegat, arbitrary, uncanstitutional and direct Ue 2a req)ondent not to interkre within anV manner in selling and d.istibution of bio- producls/ bb-stimulants ncluding Irom the lrcensed premises of the dealerc/ stockists under the Insectictles Act, 1968 and Lhe Fertilizers Coftrot(O.de4 Act, 19BS and 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 modified by the Division Bench of this Court in W.A.Nos. ll22 and, l l36 of 2016, dated

03.11.2016. Further, this Court, while disposing of W.p.No.4g 2 TMDJ wp 8998 2025 I l of 2021 and batch uide comrrror order dated OT.O9.2O2l, held as under: '' 1 1 . In t,ietu thereof, the Wit petitions are disoosed of, grantiruT lib<:rtry to the petitioners to moke applications in compliance Luith the requirement of Clause S of the order of the Gouernrnent of India, beaing No.5.O.882 (E), dated. 23.03.2021, Luithtn tLUo (02) tueeks from the date of receipt of copA oJ.this order. IJ' such applications are mad.e uithin the time :;ltpulated ctboue, the competent authoritg shall process the same and if satisfied, to issue prouisional CertiJicate of RegistrotiotL in Fonn G-3, tullhin four (4) tueeks thereafier.

12. tt is made clear that the competent autLnitg Ls entitled to collect sanrlrles in compliance of part-C of the order dated 23.02.2()21 ond test the ompatibititg of the products rneettng the paremeters to be marketed 2 as bio nutrients, before grantin.q the prou[sional Certificate of Registration. It is in the publtc interest to ensure that a product to be prod.u,xzd and marketecL as o bio-nutient u.tith the object of helping the farrner to deuektp hiqh cellulose and resistance power in th<z plclnts meets tlrc paremeters to quatify as a bio_nutie . The petitioners shr.tll co operate in dratuing the samples. Llntil the exercise as di rected aboue, is completed, subject of c()urse lo petitioners suhmitting applications uithin the time sttpulated aboue and in campLiance of requirements of Clause S of the order dctted 23.02.2021 of the Gouernment of India, pelittoners are entitle:d to manufacture and distribute as contemphtted. bA Clause 4 of thc: order dated 23.02.2027. HouLeuer, it is atutays open to the conlpetent authoritg to ueifg whether the products J a', 3 IMD,J wp_8998_2025 manufocfrfied qnd distibuted bg ttrc petitioners are tn complionce uith the statutory requirements and take oction as u.tarranted bg lau.t".

4. In terms of the aforestated orders artd 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/-P. PADMANABHA /=rr" DEPUry REGI$TRAR \/ SECTION OFFICER Hyderabad, State of Telangana. 'l . The Principalgecre!4yr Agriculture and Co-operation Dept., Secretariat, 2. The Commissioner and Director of Agriculture, State of Telangana, Opp. L. B.Stadium, Basheerbagh, Hyderab-ad, Telanqana State. 3. One CC to Mis. B.V.APARNA L4KgHI\4t, Advoiate tOpUCl 4. Two CCs to GP FOR.AGRICULTURE, High Court fdr the Siate of Telangana, 5. Two CD Copies at Hyderabad. [OUT] "/' To PSK. BS FT HIGH COURT DATED:2510312025 ORDER WP.No.8998 of 2025 \ a .r) ':. .\,) \.. * 1HE STa 1€ (( 0 2 APR 2[25 .t * $t1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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