High Court · 2025

Petition under Article 226 of lhe 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 STAR FERTILISERS PRIVATE LIMITED' manufacturing' Distribution, sale and marketing of its Bio Products/Bio Stimulants i.e., Tri Gold, Star Gold, Chemtech CMS, CMS (Calcium, Magnesium, Sulphur). The 2nd Respondent in pursuance of the Memo No.PPl(1)2085/2005 dt. 21-01-2006 and consequential Letter No. PPll (1)208512005 dt. 21'01-2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles 14, 19 (1) (g), 21 and 300-,4 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 'STAR FERTILISERS PRIVATE LIMITED'including from the licensed premises of the Petitioner Company and its dealers/stockiests in the State of Telangana under the lnsecticides Act, 1 968 and Fertilizers (Control) Order 1985 lA NO: 'f OF 202s 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., Tri Gold, Star Gold, Chemtech CMS, CMS (Calcium, Magnesium, Sulphur). Under the name and style of 'STAR FERTILISERS PRTVATE LIMITED' including from the licensed premises of the Petitioner's Company and its dealers/stockiests in the State of Telangana under the lnsecticides Act, 1 g68 and Fertilizers (Control) Order 1985 pending disposal of the above writ petition Counsel for the Petitioner: SRl. RAVI PRAKASH N Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION No. Lr7O6 OF 2025 ORDER: This Writ Petition is filed for the lollowing relief:- "...... to issue a Writ or Direction particularly onc rn the nature of Writ of Mandamus declaring the action of the respondent authorities in interfering with manufacturing, sale and marketing of bio-products/ bio stimulants of petitioner Company. The petitioner company is manufacturing the bio-products under the brand name of 'STAR FERTILISERS PRIVATE LIMITED' manufacturing, distribution, s:rlc ::Id marketing of its bio-products/ bio- stimulants i.e., Tri Gold, Star Gold, Chemtech CMS, CMS (Ca1cium, Magnesium, Sulphur). Thc 2nd respondent in pursuance of thc Memo No.PPI(l )2085/2O05, dated 21.OI.2006 and conscqucntial letter No.PPII(1)2085/2005, dt. 21.01.2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles 14, l9(1)(g), 21 and 3OO-A of the Constitution of India and consequently direct the respondcnt authorities not to interfere with thc pctitioner's business of manufacture, sale and markcting of its bio-products under the name zrnd st1,le of 'STAR FERTILISERS PRIVATE LIMITED' including from thc licensed premises of the petitioner company and its dcalers/ stockiests in the State of Telangana undcr the Insecticides Act, 1968 and 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 materia-1 available 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.O7.2015 in W.P.No.25293 of 2O14 and batch, as modified by the Division Bench of this Court in W.A.Nos. 1122 arrd 1i36 of 20t6, dated 03.11.2016. Further, this Court, while disposing of W.p.No.4B of 2O2l and batch vide common order dated OZ.O9.2O2l, held as under: "l1. In view thereof, the Writ petitions are disposed of, granting liberty to the petitioners to make applicitions in compliance with the requirement of Clause 5 of th<: order of the Go[ernment of India, bearing No.S.O.Bg2 (trj. dated 23.03.2021. within trvo (O2) wceks from the clatc of reccipt of cop-r, of this order. If such applications arc madr; within the limc stipulated above. the competent authorirv shall process thc same arld iI satisfied. to jsslre pror isional Certilicate r:f Registration in Form G-3, within four (4) weeks thereafter.

12. It is made clear that the competent auth(,rity is entitled to collect samples in compliancc ol part_C of the order dirtcd 23.02.2021 and test the comp:rtibilitv of the products meeting the pararncters to be marketed i as bio- nutrients. before granting the provisional Certifir:atc of Registration. It is in the public intercst to ensurc that a product to be produced and marketerl as:r bio-r.rutrient with thc object of helping the farmer to develop high cellulosc and resistance power in thc plarlts mt.,':ts the parametcr s to qua.lify as a bio-nutrient. The pctitioners shall <'o-operate in drau.ing the samples. Lrntil the exercisc as dir.ectcd above, is completed, subject of coLlrse to petitioners submitting applications within the time stipulated above and in compliance of requiremr:nts of Clausr: 5 of the order dated 23.O2.2O2I of tni Government of Inrlia, petitioners are entitled to manufacture aj.rd distribute as contemplated by Clause 4 of the order dated 23.02.2021-. However, it is always open to the conlpetent authority to veri& whether the products manulzrctured and distributed by the petitioners are in complialce with the statu tory requirements and take action ai warranted by lau ". r)

4. In terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There sha11 be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. To, ,TRUE COPY// SD/-K.AMMAJI EPUry REGISTRAR SECTION OFFICER J

1. The Prl. Secretary, Agriculture Department, Secretariat Buildings, Hyderabad. 2. The Commissioner and Director of Agriculture Govemment of Telangana' Opp.L.B.Stadium, Basheerbagh, Hyd.

3. One CC to SRl. RAVI PRAKASH N Advocate IOPUCI 4. Two CCs to GP FOR AGRICULTURE ,High Court for the State of Telangana. louTl

5. Two CD Copies KKS LS +y- HIGH COURT DATED:1710412025 ORDER WP.No.11706 of 2025 1Hf. s TA ,(: e- Y t) 52 PA f, 2025 P P 2 {+ T 1-O DISPOSING THE WRIT PETITION WITHOUT COSTS @ ,1lr{