Il.qn Agri Chem, Rep. by its proprietor, Smt v. padmavathi Wo. V,Prabhakar, aged
Case Details
.Vl: Il.qn Agri Chem, Rep. by its proprietor, Smt. V. padmavathi Wo. V,Prabhakar, aged 42 years, D.No- S_2711211, Kothaoalli Villaoe Bh5:emadevarapali. Mandal,' Hanamkondi Orstrict, leiang;;;-Si;i" i;;;i and Office at. plot No. 204, UTF Teachers Colony, Laxmareddy palem, Pedda Amberpet, Abduilapurmet Mandat, Ranga Re6by OiitricL-it,langa;" State. AND 1. The Stateof Telangana, Rep, .by its principal Secretary, Agriculture and Co_ - operation Dept., Secretariat, Hyderabad 2. The Commissioner and Directcir of Agriculture, State of Telangana, Opp. L. B.Stadium, Basheerbagh, Hyderab-ad, Telangana State ...PET|T|ONER ...RESPONDENTS 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, 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-prod ucts/bio- stimulants of petitioner- Company, viz., Root Growth, Black Mite, Captain, Diamond plus, Locker, BpH, V azram, Killer, Move. Ranger, Green Neem, Dragon, Humic plus, paddy Special, Pratibha 777. King 111. Root Care, Secret, Hunter, Agni, Retrack, Raket, Booster, Marc No. 1, Revolt, Vortex, Revok, Golden Black, Mahima, Havila, Hima, Finish. Moksha, Keerti, Kick Out, Satwika, Nucas, Bullet, Shine plus, Beat. Best Super_ sP, Green Leaf and sunrice, which contains cell Free Microbial products, Anti- oxidants, Anti rranspirants, pressmud, chitine and Egg shell and are also not covered under the lnsecticides Act. 1g68 and not included in schedule-vl of the Fertilizers control (order) Act, 1985, by issuing tVtemo No. pp.ll(1)2085/ 2005,dated 21-0'r-20o6and Lefter No. pp.r(1)208st2005, dated 2.t-01-2006,and in the absence of notification prescribing the standards in schedure-vr. as being illegal, arbitrary, unco n stitutionar, and direct the 2nd respondent not to interfere within any manner in seiling and distribution of bio-products/ bio- stimurants including from the ricensed premises of the dearers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, 19g5. lA NO: 1 OF 2025 Petition under section 1si 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-stimu lants of petitioner_Co mpa ny, viz., Root Growth, Black Mite, Captain, Diamond plus, Locker, BpH, Vazram, K iller, Move, Ranger, Green Neem, Dragon, Humic plus, paddy Special, pratibha 7 77, King 1 '1 1, Root Care, Secret, Hunter, Agni, Retrack, Raket, Booster, Marc No. 1, Revolt, Vortex, Revok, Golden Black, Mahima, Havita, Hima, Finish, Moksha, Keerti, Kick Out, Satwika, Nucas, Bullet, shine plus, Beat. Best super-sp, Green Leaf & sunrice, which contains cell Free Microbiat products, Anti-oxidants, Anti rranspirants, pressmud, chitine and Egg shell and are arso not covered underthe rnsecticides Act, 1g68 and not included in Schedure-Viof the Fertirizers contror (order) Act. .r 985, incruding from the licensed premises of the dearers, stockists, under the rnsecticides Act. 1g6g and the Fertirizers contror (order) Act, 19g5. pending disposar of the above writ petition. Counsel for the petitioner: M/s. B.V.APARNA LAKSHMI Counsel for the Respondents: Gp fOn eCifCUiiUne The Court made the following: ORDER t THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1O716 OF 2025 ORDER: This Writ Petition is hled for the following relief: - "...... to tssue a Wit Order or Dtrection more particularlg one in the nature of Wit of Mandamus declaring the action of the )"a Respondent in interfering with manufactuing, sale and distibution of bio-products/bio-stimulants of petitioner-Firm uiz., Root Grouth, Black Mite, Captain, Diamond Plus, Locker, BPH, Vazram, Killer, Moue, Ranger, Green Neem, Dragon, Humic Plus, Paddg Speciat, Pratibha 777, Kinq 711, Root Care, Secret, Hunter, Agni, Retrack, Raket, Booster, Marc No.l, Reuolt, Vortex, Reuok, Golden Black, Mahima, Hauila, Hima, Finish, Moksha, Keerli, Ki-ck Out, Satuika, Nucas, Bullet, Shine Plus, Beat, Best Super SP, Green Leaf and Sunrice, which contains Cell Free Microbial Products, Anti-oidants, Anti- Transpirants, Pressmud, Chitine and Dgg Slell and are also not couered under the Insecticides Act, 1968 and not tncluded in Scledule-Vl of tle Fertili.z,ers Control Order Act, 1985, bg issutng Memo No.PP.n(1)2O85/ 2005, dated 21.O1.2006 and Letter No.PP.II(1)2O85/ 2005, dated 21.01.2006 and in the absence of notification prescribing the standqrds in Schedule- VI, as being illegal, arbitrary, uncanstitutional and direct the 2nd respondent not to lnterkre uithin any manner in selling and distribution of bio products/ bio-stimulants including from the llcensed premi.ses of the dealers/ stockists under the Insecticides Act, 1968 and the Fertiliz,ers Control(Order) Act, 1985 and pass such^.."
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. I i 2 ( TMDJ wp 10716 2025
3. It is sr-rbmitted 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 1O.07.2015 in W.P.No.25293 of 2Ol4 ald batch, as modifred by the Division Bench of this Court in W.A.Nos. ll22 and 1136 of 2016, dated
03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2O2l and batch uide cornmon order dated 07.O9.2O21, held as under: '11. ln uiew thereof, the Writ Petitions are dtsposed of, granting libertA to the petitioners to make applications tn compliance uith the reEtirement of Clause 5 of the order of the Gouernment of India, beaing No.5.O.882 (E), dated 23.03.2021, within two (02) uteeks from the date of receipt of copg of this order. If such apptications are made wtthin the time stipulated aboue, the competent authoity shall pro<P-ss the same and if satisjied, to issue prouisional Certiftcate of Regbtration in Form G-3, tuilhin four (4) ueeks thereafter. 12, It is made clear that the competent authoitg b 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 parameters to be marketed 2 as bio-nutients, before granting the prouisional CerliJicate of Registration. It is in the public interest to ensure that a product to be product:d and marketed os a bio-nutient with the object of helping the farmer to deuelop high cellulose and resistance pouer in th<: plants I 3 TIVDJ wp_10716_2025 meets the parameters to quaw as o bio-nutient. The petitioners stall co-operate in dran.uing the samples, Until the exercbe as directed aboue, is completed, subject of course to petitioners submitting appltcatiors within the time stipulated aboue and in ampliance of requirements of Claube 5 of the order dated 23.02.2021 of the Gouemment of India, petitioners ore entitled to mqnufacture and distibute as antemplated bg Clause 4 of the order dated 23.O2.2027. Hou-teuer, it i,s aluags open to the competent authoity to ueifg whether the products manufactured and distibuted bg the petitioners are in compliance u-tith the statutory requirements and take action as utarranted hg .lout" - (.
4. In terms of the aforestated orders ard for the reasons mentioned therein, this Writ Petition is also disposed of. There shali be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. To //TRUE COPY// SD/.T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER 1 The Principal Secretary, Agriculture and Co-opera tio Dept., Secretariat, Hyderabad, State of Telangana The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State One CC to M/s. B.V.APARNA LAKSHMI, Advocate [OPUC] Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies 2 J 4
5. PSK. BS 5 HIGH COURT DATED:0910412025 ORDER WP.No.10716 o12025 t{E Sr4 I I a 2I npn ryl C / DISPOSING OF THE WRIT PETITION WITHOUT COSTS @40 S*-.- 6t*Y' i I I I I I I