The 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- Firm, viz., Patel-L, Aarav-L. Atom-L, Horse Power-L, Oxygen-L, Wonder Cotton-L, Fast-G, Local-L, Volume-L, Danger-L, Selute-P, Sivam-L, Secrete-G, Trishool-L, Nandh-L, SR-Gold-L, Bhairav-SP, Twist-SP, Karung-L, Bheekshm-L, Power Full- L, King-SSS-L, Ghambeer-L, Dhanush-L, Tharav-L and Akhand-G, 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 21-01-2006and Letter No. PP.ll(1 )2085/2005, c ated 21-O'l -2006,and in the absencr: of notification prescribing the s andards in Schedule-Vl, as being illegal, arbitrary, u nconstitution a l, anc rJirect the 2nd respondent not to interfer€r rvit rin any manner in selling and drstr bution of bio-products/ bio- stimulants ir clr tding from the licensed premises o the dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers Contrc l(Order) Act, 1985. lA NO: 1 OF 2025 Petition under Siection 151 CPC praying that in the circuntstrrnces stated in the affidavit filed in support of the petition, the High Court rray be pleased to direct the 2nd rescor cent not to interfere with manufacturing, sale lnd distribution of bio-products/bio-stimulants of petitioner-Firm, viz., Patel-L, Aa rav-L, Atom-L, Horse Power-L, Oxyrlr;n-L, Wonder Cotton-L, Fast-G, Local-L, Volt me-L, Danger- L, Selute-P, Sivam-., Secrete-G, Trishool-L, Nandh-L, SR-C;old--, Bhairav-SP, Twist-SP, Karurrq-L Bheekshm-L, Power Full-L, King-SSS-L, Ghambeer-L, Dhanush-L, Tharav L and Akhand-G. which contains Cel lr:ree Microbial Products. Anti-oxida:rts, Anti Transpirants, Pressmud, Chitine ard Egg Shell and are also not cover( c under the lnsecticides Act, 1 968 and n ct included in Schedule-Viof the [ertilizers Control (Order) Act, 1985, in,;luling from the licensed premises ol the dealers. stockists, under the lnsecticides Act, 1968 and the Fertilizers Contr I (order) Act, 1 985. pending disposal o' t re above Writ petition. Counsel for the Petitioner : B.V.APARNA LAKSHMI Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER f') THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1212O OF 2o25 ORDER This Writ Petition is filed for the following relief:- "...... to issue a Wit Order or Direction more particularlg one in the nature oJ Wit of Mandamus decloing the action of the )"a Respondent in interfeing uith manufactuing, sale and distibution of bio-products/ bio-stimulants of petitioner Firm, uiz., Patel L, Aarau L. Atom-L, Horse Pouer-L, Oxygen-L, Wonder Cotton-L, Fast-G, Local-L, Volume-L, Danger-L, Selute- P, Siuam-L, Secrete-G, Tislnol L, Nandh-L, SR-Gold-L, Bhairau- SP, Tuist SP, Karung L, Bheekshm L, Pouer Full-L, King-SSS-l Ghambeer-L, Dhanush-L, Tharau L and Akhond G, tuhich contains Cell Free Microbial Products, Anti-oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not couered under the Insecticides Ac| 1968 and not included in Schedule W of the Fertilizers Control (Order) Act, 1985, by issuing Memo No.PP.n(1)2O85/ 2005, dated 21.O1.2006 and Letter No.PP.I(1)2085/ 2005, dated 21.01.2006 and in the absence of notiftcation prescribing the standards in Schedule- VI, as being illegal, arbitrary, unconstitutional and direct the 2^d respondent not to interfere u.tithin ang monner in selling ond distibution of bio-products/ bio-stimulants includ[ng from the licensed premises of the dealerslstockisls under the Insecticides Act, 1968 and the Fertilizers Control(Order) Ac| 1985 and pass such..."

2. Heard learned counsel for the petitioner Zrnd learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record. 1 z TMDJ wp _12120-2025

3. It is sut reitted by the learned counsel for the pr,titioner that the subje:l matter of this writ petition is. squarelv covered by the comn ()n order of this Court dated 10.J'2.!'015 in W.P.No.2529 3 'fi 2Ol4 and batch, as modifled by the l)ivision Bench of this lourt in W.A.Nos. 1122 and 1136 of 1l(r 1(r, dated

03. 1 1.20 16. I \rrther, this Court, while disposing of 'M. ).No.48 of 2021 ancl bltch uide cornrnon order dated 07.O9.i 0111, held as under: "11. hr retu thereof, the Wit Petttions are dispttszd of, granLhg li ,< t1U to the petition.ers to make aptrtlicatlcrts in complicutce u,ith the requirement of Clouse 5 of the orde:r of the Gouen'tmert of India, beaing No.5.O.882 (E), dated 23.03 2A21, tuithin ttut '(t2) uteeks from the date of receipt of copA t)f'this order. If su 'l opplications are made uithin the time stiptrlated aboue, t,tte ytnpetent authoitg shall process the sctme, ,u.: l if satisJled. tc i;sue prouisional Certiftcate of Registration in F<nn G-3, tuitltut . Lur (4) weeks thereafter. jt i: tnttde cleer that tLrc competent authoitg is erttil ed 12. to colle-ci st rtples in compliance of Part-C of the ode, rla ed 23.O2.2C,21 crtd test the compatibilitg of the products n,)et ng the paromt ters to be marketed 2 as bio nutients, t)ej )re granting thr orouisional Certificate of Registration. It is ,rt he public tntert,st to ensure that a product to be produc=r,. a nd_ yrurketecl a: t bio-nutrient with the object of helpinq the J.trr,er t8, d.euetr4t tiqh cellulose and resistance pou.ter in the trlcutts a 3 TMDJ wp_12120 2025 meets the parameters to qualifu os a bio-nutient. The petitioners shall co-operate in drauing the samples. Ilntil the exercise as directed aboue, is completed, subject of course to petitioners submitting applications u.tithin the time stipulated aboue and in compliancc of requirements of Clause 5 of the order dated 23.02.2021 of the Gouemment of India, petitioners are entitled to manufacture and distibute as mnternplated bg Clause 4 of the order dated 23.O2.2021. Houeuer, it is aluags open to the competent authoity to ueifg uhether the products manufactured and distibuted by the petitioners are in mmpliance u-tith the statutory requirements and take action as u.tarranted bg lau.t"- I 1 I I

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. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. SD/- A. SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE GOPY// SECTIO k" FFICER \ To, 1 . The Principal Secretary, Agriculture and Co-operation Dept., Secretariat, State of Telangana, Hyderabad.

2. The Commissioner and Director of Agriculture, State of Telangana, Opp' L.B.Stadium, Basheerbagh, Hyderabad, Telangana State'

3. One CC to B.V.APARNA LAKSHMI, Advocate. [OPUC] 4. Two CCs to GP FoR AGRICULTURE, High Court for the-State of Telangana

5. Two CD Copies. BSK GJP HIGH COURT DATED:23104!2025 .,'.} i,-"_ iiIa '\ro,, '...i. . ORDER WP.No.12120 oJ 2025 ,1 .$ .\ {$" '7 + \\ s" -a ,:rlrl --. : .' - - -'-/ I i i i DISPOSING CIF THE WRIT PETITION WITHOUT COSTS ,flq