✦ High Court of India · 27 Mar 2025

The High Court · 2025

Case Details High Court of India · 27 Mar 2025
Court
High Court of India
Decided
27 Mar 2025
Bench
Not available
Length
1,156 words

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 or direction, particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in interfering with manufacture, sale and marketing of Bio-Products/Bio Stimulants of Petitioner Company. The Petitioner Company is manufacturing the Bio products under the brand name of 'TRUSTGROOVE EXIM PRIVATE LIMITED' manufacturing, Distribution, sale and marketing of its Bio Products/Bio Stimulants i.e., Kinnera, Miracle, Task, Solemon, Gun++, Bullet++, Takshasila, Brahmastram, Supreme Power, Special Flower, Dinchak, Tamasha, Mr. Flower, Mr.Grow+, Varanam, Collagen, Premkar, Exoblime, Dhinwa, Safaar, Procraim, Mishale, Killer++, Monarch, Acephone, Sin-Lin, Bhu-Sevak, Flatena, Fritax, Flowrise, Risex, Plate Machin, Talwaar, Bactofight, B-Cott, Samaraa, Tree-Power, Trust-Flower, True Killer, Bhu-Power, Lucky++, Dhanluck, Bonovia, Killshot, Grow++, Satwaa, Ayusman, Raja-Rani, Cropraj, Glorica, Root++GR, Koutala++, Tandel, Taanzaa, Chilli Star, Thrip Killer+, Cott-King, Kateja+, Mervell, Sapnodaya, Agni++, Dhanunjaya, Kalki+, Vaaradhi, Vaarahi, Kalinga, Shaandhaar, Guru, Bloom Flower, Boost Flower, Power Grow, Neem++, Neem XL, Trust Mix, Growmix, Power BT2, Super BT2, Sampanna, Cotton King, Mirchi Blast. The 2nd Respondent in pursuance of the Memo No.PPl(1)2085/2005 dt. 21-0'l -2006 and consequential Letter No. PPll (1)2085/2005 dt. 21-O1-2000 as being illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles 14, 19 (1) (g), 21 and 300-A of the Constitution of lndia and consequently direct the respondent authorities not to interfere with the Petitioners' business of manufacture, sale and marketing of its bio products under the name and style of 'TRUSTGROOVE EXIM PRIVATE LIMITED'including from the licensed premises of the Petitioner Company and its dealers/stockiests in the State of Telangana under the lnsecticides Act, 1968 and Fertilizers (Control) Order 1985. 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 respondent authorities not to interfere with the petitioner's Company business of manufacture, sale and marketing and distribution of its Bio- Products/Bio Stimulants i.e., Kinnera, Miracle, Task, Solemon, Gun++, Bullet++, Takshasila, Brahmastram, Supreme Power, Special Flower, Dinchak, Tamasha, Mr. Flower, Mr.Grow+, Varanam, Collagen, Premkar, Exoblime, Dhinwa, Safaar, Procraim, Mishale, Killer++, Monarch, Acephone, Sin-Lin, Bhu-Sevak, Flatena, Fritax, Flowrise, Risex, Plate Machin, Talwaar, Bactofight, B-Cott, Samaraa, .L.ee-Power, TrustFlower, True Killer, Bhu-Power, Lucky++, Dhanluck, Bonovia, Killshot, Grow++, Satwaa, Ayusman, Raja-Rani, Cropraj, Glorica, ft66{++GR, Koutala++, Tandel, T aanzaa, Chilli Star, Thrip Killer+, Cott-King, Kaleja+, Mervell, Sapnodaya, Agni++, Dhanunjaya, Kalki+, Vaaradhi, Vaarahi, Kalinga, Shaandhaar, Guru, Bloom Flower, Boost Flower, Power Grow, Neem++, Neem XL, Trust Mix, Growmix, Power BT2, Super BT2, Sampanna, Cotton King, Mirchi Blast. Under the name and style of 'TRUSTGROOVE EXIM PRIVATE LIMITED' including from the licensed premises of the Petitioner's Company and its dealersi stockiests in the State of Telangana under the lnsecticides Act, '1968 and Fertilizers (Control) Order 1985 pending disposal of the above writ petition. Counsel for the Petitioner: SRI N. RAVI PRAKASH Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE T. MADHAYI DEVI WRIT PETITION NO.9395 OF 2025 ORDER Heard learned counsel for the petitioner and the leamed Govemment Pleader for Agriculture appearing for the respondents.

2. The leamed 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.ll22 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: "ll. 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.5.O.882 (E), dated 23.02.2021, within two (2) weel<s from the date of receipt of copy of this order. If such applications are made within the time stipulated above, the competent authority shall process the same and if I 2 W.P. No.9395 OF 2025 satisfied, to issue provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter.

12. It is made clear that the competent authority is entitled to collect samples in compliance of Part-'C' of the order dated

23.02.2021 and test the compatibility of the products meeting the paratneters to be marketed as bio-nutrients, before granling the provisional Certificate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bio- nutrient with the object of helping the farmer to develop high cellulose and resistance power in the plants meets the paramelers to qualify as a bio-nutrient. The petitioners shall cooperate in drawing the samples- Until the exercise as directed above, is completed, subject of course to petilioners submitting applications within the time stipulated above and in compliance of requirements of Clause 5 of the order dated 23.02.202 ) of the Government of India, petitioners are entitled to manufacture and dislribute as contemplated by Clau.se 4 of the order dated 23.02.2021. However, it is always open to the competent authority to verify whether the products manufactured and distributdd by the petitioners are in compliance with the statutory requirements and take action as warranted by low. "

3. In terms of the afore-stated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs. I u .----..-.- '7 ,./ -t w.P. No.9395 OF 2025

4. Pending miscellaneous petitions, if any, in this Writ petition shall stand closed. //TRUE COPY// SD-K.SREERAMA M DEPUry RE THY SECTION O FICER 1 . The Prl. Secretary, Agriculture Department, The State of Telangana, 2. The Commissioner and Director of Agriculture, Government of Telangana, Secretariat Buildings, Hyderabad. I Opp.L.B.Stadium, Basheerbagh, Hyd.

3. One CC to SRI N. RAVI PRAKASH, Advocate [OPUC] 4. Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana.

5. Two CD Copies touTl v To, BN LS , HIGH COURT DATED:2710312025 ORDER WP.No.9395 of 2025 St: 1 Y () (.( f 0 3 [Pf, ?t25 C i) t cE-sP/r1c l DISPOSING OF THE WRIT PETITION WITHOUT COSTS A1\)r

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