High Court · 2025

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.,Rai,BRS,Hl5,DHA3,CLA6,Rootex,Vitex,Plantex,Greenex' Nimbus, Green Spark, Vega, Avani, Vasula, Root Rich, Sampoorna, Suvidha, Nurture, Progene, Aayush, Crysta, Pushkar, Mishka, Mithri' SlM, Kubera' Pager' Sensor, Ping, ATlr/, Avintor, Fomo, Login, Nomore, Rumion, Siddha, Xperia' Omega, RNA, Actinomycin, R2, Gemini, Wallet, Jaat, Surya-Chandra, Roxx' Lyrus, Lakshya, lncide, Bengal Tiger' Mir:aay, Cytop, Ninja, Manja, Ventura' Granus, Energy, Arin, Amrut, lnstar, Sahari, Mylan, Delphax and Micra, which contains cell Free Microbial Products, Anti- oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and arc also not covered under the lnsecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control I I I (Order) Act, 1985, by issuing Memo No. PP.ll(1)2085/2005,dated 2'l-01-2006and Letter No. 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 dealers/stockists under the lnsecticides Act. 1968 and the Fertilizers Control(Order) Act, 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 2nd respondent not to interfere with manufacturing, sale and distribution of bio-prod ucts/bio-stimulants of petitioner-Company. viz., Rai, BRS, H15, DHA3, CLA6, Rootex, Vitex, Plantex, Greenex, Nimbus, Green Spark, Vega, Avani, Vasula, Root Rich, Sampoorna, Suvidha, Nurture, Progene, Aayush, Crysta, Pushkar, Mishka, Mithri, SlM. Kubera, Pager, Sensor, Ping, ATM, Avintor, Fomo, Login, Nomore, Rumion, Siddha, Xperia. Omega, RNA, Actinomycin, R2, Gemini, Wallet, Jaat, Surya-Chandra, Roxx, Lyrus, Lakshya, lncide, Bengal Tiger, Miraay, Cytop, Ninja, [\Ianja, Ventura, Granus, Energy, Arin, Amnit, lnstar, Sahari, Mylan, Delphax and Micra, which contains Cell Free Microbial Products, Anti-oxidants, Anti Transpirants, Pressrnud, 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 f rom 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 THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITI ONNo.11828 0F 2025 ORDER: This Writ Perition is filed lor r he following relief:- "...... to issue a Wit Ord.er or Direction more particularly one in the nature of Wit of Mand"amus declaing the action of the 2.d Respondent in interfeing with manufactuing, sale and distibution of bio-products/ bio stimulants of petitioner_ Company, uiz., Ra' BRS, Hlq DHA3, CLA6, Rootex, Vitex, Plantex, Greenex, Nimbus, Green Spark, Vega, Auani, Vasula, Root Rich, Sampoorna. Suuidttt, Nurture, progene, Aayush, Crysta, Pushkar, Mishka, Mfthn, SIM, Kuberct, pager, Sensor, Hng, ATM, Auintor, Fomo, Login, Nomore, Rumion, Siddha, Xpeia, C)mega, RNA, Actlnomgcin, R2, Gemini, WaLlet, Jaat, Surya-Chandra, Roxx, Lyrus, Lakshgcr, Incicte, Bengat Tiqer, Mtrctay, Cgtop, Ninja, Ivtanja, Venturo, Granus, Energg, Ain, Amru| Instar, Sahc.n, Mylan, Detphax and. Mtcra, which contains Cell Free Microbial products, Anti.orLdclts, Anti- Transpirants, Pressmud, Chitine and Egg She and. are also not muered under the ltsecticides Act, 196g and not included in Schedule VI of the Fertilizers Control Ord"er Act, 1985, bg issuing Memo No.Pp.il(1)2OBS/ 2005, dated 21.O1.2006 and. Letter No.PP.\ 1)2085/ 2005, d.ated 21.01.20O6 and in the absence of notif.cation prescibing the stand ard.s in Sched.ule_ VI, as being illegal, arbitrarg, unconstitutional and d.trect the 2nd respondent not to interkre uithin ang manner in seuing and distibutton of bio products/ bio_stimulants includinq from the licensed. premises of the dealers/ srockisrs under the Insecticides Act, 1968 and the Fert izers Controt(Order) Act, 19BS and pass such._.,'

2. Heard learned counsel for the petitioner and 1earned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record. , t I ' 2 TMD,] wp_11828 202s

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 i11.07.2015 in W.P.No.25293 of 2Ol4 and batch, as modified by the Division Benr:h of this Court in W.A. Nos. 1122 an<\ 1 136 of 2016, dated 03.1 1.2016. Further, this Court, ,,r,hile disposing of W. P. No.4B of 2O2l and batch ulde common ord er dated 07 .O9.2021 , held as under: "11. In utew thereof, the Writ Petitions are disposed of, granting libertg to tte petitioners to make appliccLtions in compliance tuith the requirement of Clause 5 of the order of the Gouernmen.t of India, beaing No.5.O.882 (E), dated 23.03.2021, uithin tuo (02) tueeks from the date of receipt of copy o.f th.is order- If such apptications are made within the time- stipulated aboue, the competent authoitg shall process the same a.nd if satisfied, to issue prouisional CerliJicate of Registration in Form G-3, utithin four (4) u.teeks thereafter. 12- It ls made clear that the competent authoitA is entitled to collect samples in compliance of Parl C of the order dated 23.02.2021 dnd test the compatibitity of the products m.eeting the param.eters to be marketed 2 as bio-nutients, before granting th.e prouisional Cerlificate of Registration. It b in the public interest to ensure tltat a product to be produced and marketed os a bio-nutient uith tte object of helping the fnrmer to deuelop high cellulose and resistance pouter in the plants I i ; I To 3 TMD,] wp [a2a 2025 meets the parameters to qualifg as a bio nutient. The petitioners shall co-operate in draruing the samples. Until the exercise as direded aboue, is completed, subject of course to petitioners submitting applicat{ons tuithin the time stipulated aboue and. tn compliance of requirements of. Cldl$e 5 of tLrc order dated 23.02.2021 of the Gouernment of India, petitioners are entitled- to manufacture and distribute as contemplated ba Clause 4 of the order dated 23.02.2027. Houeuer, it is alutays open to the competerlt ctuthoitg to ueifg whetlrcr the products manufach)red and distibuted b11 the petitioners are in the statutory requirements and take action as compliance .tuith utarranted bg ktu,t".

4. ln terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There sha1l be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, sha1l stand closed. //TRUE COPY// SD/-T. D TIRUMALA DEVI UTY REGISTRAR / ECTION OFFICER /

1. The Pri ncrpaI Secretary, Agriculture and Co-operatio Hvd erabad, state of Telangana. 2. The Co mmissioner and Director o L.B.Stadium, Basheerbagh, Hydera bad , Telang ana State fAg riculture, State of Telangana, OPP' n Dept ., Secretariat, .V.APARNA LAKS Hlvll, Advocate OPUC] OR AGRICULTURE, High Court fo r the State of Telangana' UT]

3. One CC to M/s. B 4. Two CCs to GP F at HYderabad. [O

5. Two CD Copies PSK, BS ,_b HIGH COURT DATED:21 10412025 ORDER WP.No.11828 ot 2025 I I flE sh fF L) ? I A'fi ic25 . a, I tr,^ T. /f DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,r, @cq 5p a