High Court · 2025

M/s. Agri Shield lndustries, Rep. by its Partner, Sri. Mattaparthy [qryy S/o. [!. Naqesirar Rao, aqed 31 years, R/o. D.No.2-9616, Gondipalem, Y. Kottapalli, P. "Gannavaram, East Gbdavari District 533 240, Andhra Pradesh State. Factory and Office at H.No.4-63/4, Sy.No.319/2, Near Ravqla PoultrY_Fa1m, Raja Bollaram Thanda, Hyderabad 501 401, N/edchal Malkajgiri District' Telangana state ...PETrroNER I AND

1. The State of Telangana, Rep. by its Principal Secretary, Agriculture and Co-

2. The Commisiioner and Director of Agriculture, State of Telangana, Opp. operation Dept., Secretariat, Hyderabad. L.B.Stadium, Basheerbagh, Hyderabad, Telangana 4,r," ...*aTTONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit fiied 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., Ferti Kisan, Tiger, Punch, Galaxy, Pink Diamond, Kingfisher, Panther, Siri, Gajraj, Teja Gold, Anjana Gold, Hydra, Jupiter, Samrat, Hunter, Cheetha, Gandiwa, Target, Titan, Mega Star, Kisan Gold and Jaguar, 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-O'l-2OOGand Letter No. PP.ll( 1)2085/2005, dated 21-A1-2006,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 dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, '1 985. fA 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., Ferti Kisan, Tiger, Punch, Galaxy, Pink Diamond, Kingfisher, Panther, Siri, Gajraj, Teja Gold, Anjana Gold, Hydra, Jupiter, Samrat, Hunter, Cheetha, Gandiwa, Target, Titan, Mega Star, Kisan Gold and Jaguar, 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-Viof the Fertilizers Control (Order) Act, 1985, including from the licenseci 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 i I THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION No. 11492 OF 2O25 ORDER: This Writ Petition is filed for the following relief:- "...... to issue a Writ, Order or Direction rnore particularly one in the nature of Writ of Mandamus declaring the action of the 2"d respondent in interfering with manufacturing, sale and drstribution of bio- products/ bio-stimulants of petitioner Company, viz., Ferti Kisal, Tiger, Punch, Galaxy, Pink Diamond, Kingfisher, Panther, Siri, Gajraj, Teja Gotd, Anjana Gold, Hydra, Jupiter, Samrat, Hunter, Chectha, Gandiwa, Target, Titan, Mega Stzrr, Kisan Gold & Jaguar, which contains Cell Free Microbial Products, Anti-oxidalts, Anti Tralspirants, Pressmud, Chitine and Egg Sheel ar-rd are also not covered under the Insecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control lorder) Act, 1985, by issuing Memo No.PP.lI(1)2085/ 2O05, dated 2t.Ot.2006 and letter No.PP.ll(1)2085/2005, dt. 21.01.2006, and in the absence of notihcation prescribing the staldards in Schedule-Vl, as being illegal, arbitrary, unconstitutional and direct the 2"d respondent not to interfere with any manner in selling and distribution of bio-products / bio- stimulants including from the licensed premises of thc dealers/ stockists under thc Insecticides Act, 1968 and the Fertilizers (Control) Order, 1985."

2. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material avaiiable 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 2

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. 1122 and 1136 of 2016, dated 03'11'2016' Further, this Court, while disposing of W.P.No.4B of 2O2l and batch vide common order dated O7.O9-2O21, held as under: ' 1 1. ln r.ier.l' thereof, the Writ Petitions are disposed of, granting lLberty to the petitioners to make applicatior.rs in -ompliance with the requirement of Clause 5 of the order of the Government of India, beanng No.S.O.882 (E), ctatcd 23.O3.2021, within two (02) weeks from the date of receipt of copl. cf this order. If such applications are made rithin the timc stipulated above, the competent authority shall process the same ald if satished, to issue provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter. lt is made clear that the competent authority is 12. entitled to collect samples in complialce of Part-C of the ordcr dated 23.O2.2O2), and test the compatibility of the products meeting the parameters to be marketed 2 as bio- nutrienrs. before granting the provisi.onal Certificate ol Registration. lt is in thc public interest to ensure that a p.odr.t to be produced and marketed as a bio-nutrient with the object of helping the farmer to deveiop high cellulose and resistance power in the plants meets the parameters to qualify as a bio-nutrient. The petitioners shall c,c-operate in drawing the samples. Until the exercise as directed above, is completed, subject of course to petitioners submitting appli.cations within the time stipulatcd above ald in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Government of India, petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021. However, it is always open to the competent authority to verify whether the products malufactured arld distributed by the petitioners are in complialce with the statutory requirements and take action as warranted by lau, I I 3

4. In terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs. l Pending miscellaleous applications, if any, shall stand closed. //TRUE COPY' SD/-T. TIRUMALA DEVI D PUTY REGISTRAR ECTION OFFICER Piincipat Secretary, erabad, State of Tel Commissioner and Agriculture and Co-operatio n angana. Director of Agriculture, State of Telangana, Opp The Hvd The L.B.Stadium, Bashee rbagh, Hyderabad, Telan gana Stale One CC to M/s. B V.APARNA LAKSHI\,4I , Advocate [OPUC Two CCs to GP FOR AGRTCULTURE , High Court for the State of Telangana, at Hyderabad. [Ourl Two CD Copies ., Secretariat, To \ 1 2 3 4 A PSK. BS $ HIGH COURT I I DATED:1710412025 ORDER WP.No.11492 of 2025 1 6t S T41 €' .J 2 g IPH u025 2 .A .oeS pAT.,rr q_O DISPOSING OF THE WRIT PETITION WITHOUT COSTS c{nt