High Court · 2025

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction, more particurarty, one in the nature of writ of Mandamus, decraring the action of the 2nd Respondent in interfering with manufacturing, sale and distribution of bio-products/bio- stimulants of petitioner- Company, viz., Mahi, Nihar-M. Liyagold-Sp, Hattrick plus, yuvan Raj, Flair_, Super Cotton plus, Cotton Fresh, Cotton King 66, Exolife plus, Elite-. euash. Super Track, Super Trick plus, Terminator 36, Right plus plus, Sankalp_F. Rapid_M. Bullet-M. Paddy Gord-M, Mahi Ak-47, proton prus M, captor-M. ReslM, sardar plus, Relix-9, Kilter, lris-M, Mahi Gold, Grip. Samardh, Magic_9, lnduce_M. Pushpa-M, Refer, Ferti plus plus plus, Stroke, Ayansh, Aakash plus, Vihan and Great-LA. which contains ceil Free Microbiar 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. pRil(i)208s/ 2005.dated 21to1t2006 and Letter No. PP.lr(1)208st2005. dated 21/o112006 and in the absence of notification prescribing the standards in Schedule_Vl, as being illegal, arbitrary, u nconstitutiona r, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-products/ bio-stimurants Incruding from the licensed premises of the dea rers/stockists under the rnsecticides Act. 196g and the Fertilizers Controt(Order) Act, .1 985. lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 2ndrespondent not to interfere with manufacturing, sare and distribution of bio_ products/bio-stimurants of petitioner-company, viz., Mahi, Nihar-M, Liyagord-sp, Hattrick+, Yuvan Raj, Flair+, Super Cotton+, Cotton Fresh, Cotton King 66, Exolife+, Elite+, Quash, Super Track, Super Trick+, Terminator 3 6 Right++, Sankalp-F, Rapid-tV, Builet-t\,4, paddy Gold_M, Mahi Ak-47, proton+M, Captor_M, Rest-M, Sardar+, Relax-9, Kilter, lris-M, Mahi Gold, Grip, Samardh, Magic_9, lnduce-M, Pushpa-M, Refer, Ferti+++, Stroke, Ayansh, Aakash+, Vihan and Great_ LA, which contains ceI 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-viof the Fertirizers contror (order) Act, '1985, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 1 968 and the Fertirizers contror (order) Act, 19g5, pending disposal of the above Writ petition. Counsel for the petitioner: M/s. B.V.APARNA LAKSHMI Counsel for the Respondents: Gp fOn ae nrcUi_iUne The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.9375 OF 2 02s ORDER Heard leamed counsel for the petitioner and the learned Govemment Pleader for Agriculture appearing for the respondents.

2. The learned counsel for the petitioner submitted that the subject matter of this Writ Petition is squarely covered by the common order of this Court in W.P.No.25293 of 2014 and batch, dated 10.07.2015, as modified by the Division Bench in W.A.Nos.l122 and 1136 of 2016 vide common judgment dated 03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2021 and batch yide common order dated 07 .09.2021, held as under: "11. In view thereof, the Writ Petitions are disposed of, granting liberty to the petitioners to make applications in compliance with the requirement of Clause 5 of the order of the Government of India, bearing No.S.O.882 (E), dated 23.02.2021 , I within two (2) weela from the date of receipt of copy of thk \ order. If such applications are made within the time stipulated \.-- above, the competent authority shall process the same and if : l I t t 2 W.P. No.9375 OF 2025 sati.tfied. to issue provisionol Certificate of Registration in Form (i-3 y,irl;tn.four (1) weeks thereafter.

12. It t,; modc clear that the competent authority is entitled to collcct .sunrytlL,s itt compliance of Part-'C' of the order dated 23.02.20-' I orul tt,st rhe compatibility of the produt:ts meeting the paromet(rs to he ntarketed os bio-nutrients, before gronting the protisiondl Certiftcate of Registration. It is in the public interest lo ensure that a product to be produced and marAeted as o bio- nutrient tith the object of helping the farmer to develop high cellulose ond resistance power in the plants meels the pordmeter.\ to qualify as a bio-nutrient. The pelitioners shall cooperdt. in clrot,ing tlte santples. Until the exercise as direcled abote, is comltlL,ted, subject of course to petitionLtrs submitting (tpplicotions within rhe time stipulated above and in compliance of requirement.s ofClause 5 of the order dated 23.()2.2021 of the Goyernmt rtt oJ lndia. petitioners are entitled to manufacture and distrihlte ds contcmplated hy (!n1u" 4 of the order datecl 23.02.202 l. lloy,ever, it i.\ always open to the competenl uutll)ri\, to verifi whether lhe products manu-factured ontl distribfied ht' tht, petitioners ctre in compliance with the statutor)) req iremetlt.r antl take action os warranted by law. "

3. ln telms ol- thc afbre-stated orders and for the reasons mentioned therein, this Wrjt Pctition is also disposed of. There shall be no order as to costs. , 3 W.P. No.9375 OF 2025 4 Pending miscellaneous petitions, if any, in this Writ petition shall stand closed //TRUE COPYII SD/.P. PADMANABHA DEPUWREG EDDY TRAR SECTION FFICER To Hvderabad. State of Telanqana. l.ThePrincipalsecretary,AgricultureandCo-operationDept',Secretariat, 2. ffi; Gffiisiionli ano Dir"ector of Agriculture, State of Telangana' opp' - L.B-.S1adium, Basheerbagh, Hyderabad, Telangana State' e. one-cc to rrals. a.v.RpR-nNA-LAKSHMI, Advocate [oPUC] ;. il; cc.io cp FoR AGRICULTURE, High court for the State of Telangana, 5. Two CD CoPies at Hyderabad. [OUT] PSK. BS 6 HIGH COURT DATED:2710312025 ORDER WP.No.9375 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @qd W HE STAT 1 G /; ) (. O2 APfl zffi + Dr,''"',,'