High Court · 2025

M/s. Agri New Organics, Rep. by its Proprietor, Yadlapalli Ranga Rao S/o. Yadlapalli Sriramulu, aged 50 years, Ryo. D.No.2-12b, Main Road, Madhavaram, Thadepalligudem Mandal-534 102, West Godavari District, Andhra Pradesh State. Factory and Office at. D.No. 11-3-2961812, Srinivad Nagar, K.P Enterprises, Warsiguda, Secunderabad-s00 061, Hyderabad, Telangana State. AND ...PETITIONER

1. The Stgte of Telangana, Rep. by its Principal Secretary, Agriculture and Co- 2. The Commissioner and Director of Agriculture, State of Telangana, Opp. operation Dept., Secretariat, Hyderabad. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State. ...RESPONDENTS Petition under Article 226 ot 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., Bes!1 , Mezor, Gold Rix, X-Mart, Creta plus, Dogra, Humacid plus, Aminocid plus , Benefit-Gr., Benefit-SP, Agri NW Gold, Black Cats, Blue Chill, Teeny, Pedal, Big Well, Shoot-8, Police-Sl, Demand, Curve, pslvi, Kylaz, Roxx, Royal, Kingsly, MMD, Suraksha, Exinos, R-15, Yezdi, Gixxer, pantm, Milon, Tesla, Veneno, Eliminator, Expert, Aknda, Dee-3, e-Power, Top-S and 5 -Star, 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)2085i 2005,dated 21-01-2006and Letter No. 39' 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 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, 1 985. 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 2nd respondent not to interfere with manufacturing, sale and distribution of bio- products/bio-stimulants of petitioner-Company, viz., Best-1 , Mezor, Gold Rix, X- Mart, Creta+, Dogra, Humacid+, Aminocid+, Benefit-Gr., Benefit-SP, Agri NW Gold, Black Cats, Blue Chill, Teeny, Pedal, Big Well, Shoot-8, Police-S1, Demand, Curve, Pslvi, Kylaz, Roxx, Royal, Kingsly, l\ilMD, Suraksha, Exinos, R-'t 5, Yezdi, Gixxer, Pantm, Milon, Tesla, Veneno, Eliminator, Expert, Aknda, Dee-3, e-Power, Top-5 and 5 -Star, 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-Vlof 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 for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER a ORDER THE HON'BLE SMT. JUSTICE T. MADHAVT DEVI VT'RIT PETITION No.9O97 OF 2025 This Writ Petition is filed for the followirig relief: - "...... to issue a Writ Order or Direction more parlidlarlg one in the nature oJ WriL of Mandrlmus declaing lhe .'cttrrr of the 2d Respondent in interkring tuilh mo^uJacturing sale orui dtstrbution of bio'products/b'o-strmulonts of pctitioner Compang, viz., Best-l, Mebr, C,oId Rix, X-Morl, Creta plus, Wra, Humacid plus, Aminocii ptus, Betlefit-Gr. Benefrt'SP, Agn NW Gold, Black Cals, Blue ChiLL TeenA' Pedat, Big weLL, Shoot-8, PoLice'SI, Demand, (hrue, Pslui, Kglaz, Roxx, Roaal, KingslV' MMD, Suraksha, Exl'nos, rR_15, Yez)i, Gixxer, Pantm, Mtlon" Tesla' Veneno, Eliminotot' Expert, Aknda, Dee-s, e-PouEr, Top-, a d 5 Star, uhich @ntains Celt Free Microbial Prod.ucts, Antianrlants, Anti'Transpirants, Pressmud, Chitine and Egg SheU onn are also nol couered under tle lnsecticides Act, 1968 and nat irlcluded i^ Scledule'Vl oI the Fe.lilizers Cornrol Ordet Acl, 1985, by rssuing Memo No.PP. (1)2Oa5/2O05' ddled 21.O1.2006 and l2tter No.PP.Ill )2085/ 2005, ddted 21.O1 2006 ond in tle absence of notifcation prescribing the standa.rds in Schedule W, as being illegal, arbitrary, un@^slitutionol and direct lhe 2d res@ndent not to inlerkre wilhin any manner in setLi^g and di:;tribuxon of bio-prcducts/ bio stimulanls including from the licensed premises oJ the dealers,/slockists u\der the Insecticules Act' 1968 and the Petltzers Control(Orde4 Act, 1985 and pass sucLL..'

2. Heard learned counsel for the petitioner ald 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 modifred by the Division Bench of this Court in W.A.Nos.1 122 and 1136 of 20 16, dated

03. 1 1.20 16. Further, this Court, while disposing of W.P'No.48 2 TMD,J wp 9097 _2025 a of 2021 and batch uide common order dated OT .O9.2021, ]neld as under: " 1 1 . In t,ietu thereof, the Wit Petitions are -disposed of, grant[nq hbl,rtg to the petittoners to make applic,ations in compliance Luith the requirement of Clause S of the order of the Gouernment of India, beaing No.5.O.882 (D), dated 23.03.2021, Lt)ithin tuo (02) ueeks from the date of receipt of apy of this order. I,f suclr ctpplications are made uithin the time stipulated aboue, the competent authoitg shall process the sanne and. if satisfie,.7, fo ;ssue prous[onal Certificate of Registration in Form G 3, tuith[n ftur (4) u,,eeks thereofter.

12. It is made clear that tlte competent authoitg s entitled to collect sarnples in compliance of Part-C of the order dated 23.02.2021 and test the mmpatibilitg of the products meeting the parameters to be marketed 2 as bio-nutrients, before grantino the prouisional Certifcate of Registratton. It is in the public interest to ensure that a product to be prodttrcd and marketed as a bio-nutient uith the object of helping the.farmer to deuelop high cellulose and resistonce pou.ter in tlrc plants meets Lhe parometers to qualifA as a bio-nutient. The petitione,rs sllall co-operate in dratuing the samples. Lrntil the exercise as dlrected aboue, is completed, subject of course to petitiont'rs submitting applications u;ithin the time stipulated oboue and in compliance of reqtirements of Clause 5 of the order duted 23.02.2021 of the Gouernment of India, petitioners are entitled to manufacture and distibute as contemplated bg Clause 4 of the order dated 23.02.2021. Howeuer, it i^s alutags open to the competent authoitg to ueifg LULEther the products (-' To ,l TMD,] wp_9097_2025 manufdctured ond distibuted bg the petittoners are Ln compliance uith the slatutory requirements and take action as uananted by lau". In terms of the a-forestated 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/.P. PADMANABHA DEPUTY DDY G TRAR //TRUE COPY// SECTION FFICER

1. The Principal Secretary, Agriculture and Co-operation Dept., SecretariA\ Hyderabad, State of Telanqana. Z. The Commissioner and Di6ctor of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State. 3. One CC to M/s. B.V.APARNA LAKSHMI, Advocate [OPUC] 4. Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana, at Hyderabad. [OUT]

5. Two CD Copies PSK. BS QT HIGH COURT DATED:2510312025 ORDER WP.No.9097 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I c9f'a Yt-# c HE STA r6: 1 1< l i) () \:) ',.,,,, '\.* r.^ \-- O2 APR zffi z o * -.'.-......