M/s. Raizechem Private Limited v. l.TheStateofTelangana

Petition under Article 226 of lhe constitulion 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-productsi bio- stimulants of petitioner- Company, viz., Diamond, Vajraa, Rdevil' Hulk, Battle, Punisher, Hercules, Beast' 2555, Tubiva, Nutristim, Bud Fitter, Chandrika, Master Stroke, Strite Drive' CarromBall,DayFour,sixer,Vedik,Drithi,Rudhra,Guardian,Eagle' Commander,Remedy,Agent,Relief,RoxxyGR,ReviveGR,KillerX,FantacPlus + & Plantomycin, 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 )2035/ 2005,dated 21-01- '.1., 2006and Letter No. ,P ll(1)208512005, dated 21-O1-20O6,and n rhe absence of notification prescribirrly the standards in Schedule-Vl, as beirrg il egal, arbitrary, unconstitution a l, and direct the 2nd respondent not to interfere rvitlrin any manner in selling and distritution of bio-products/ bio- stimulants irclrding from the licensed premises o the dealers/stockists under the lnsecticrd es Act, 1 g68 and the Fertilizers Contro (Order) Act, 1985. lA NO: 1 OF 2025 Petition under S ection 151 CPC praying that in the circunrstirnces stated in the affidavit filed in s.rpport of the petition, the High Court rn:y be pleased to direct the 2nd resporcent not to interfere with manufacturing, sa e irnd distribution of bio-products/bio-s ttmulants of petitioner-Company, viz., [)ia'nond, Vajraa, Rdevil, Hulk, Battle, )unisher, Hercules, Beast, 2555, Tubiv:t, \utristim, Bud Fitter, Chandrika, Master Stroke, Strite Drive, Carrom Ball, )ay Four, Sixer, Vedik, Drithi, Rudhr I Guardian, Eagle, Commander, Remedy, Agent, Relief, Roxxy GR, Revive ( Fl, KillerX, Fantac Plus+ and Plantomyc;irr r,vhich contains Cell Free Microbial Froducts, Anti-oxidants, Anti Transpirants, Frer:;smud, Chitine and Egg Shell and are also not covered underthe Insecticides l\ct 1968 and not included in Schedr.rle \/iof the Fertilizers control (order) Act, 19ti5, including from the licensed premise ; of the dealers, stockists, under the lnsectic des Act, 1g6g and the Fertilizers cr,rrtrol (order) Act, 198s, pending disposar of the above writ petition. Counsel for the Petitioner : B.V.APARNA LAKSHMI Counsel for the ResFrondents: GP FOR AGRICULTURE The Court made the l'ollowing: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI UIRIT PETITION No.122O3 OF 2o25 ORDER: This Writ Petition is hled for the following relief:- "...... to issue a Wit Order or Direction more pafticularly one in the nature of Wit of Mandamtts declaing the action of the Q"a Respondent in interfeing with manufactuing, sale and distibution oJ bio-products/bio-stimulants of petitioner- CompanA, uiz., Diamond, Vajraa, Rdeuil, HulN Battle, Fltnisher, Hercules, Beast, 2555, Tubiua, Nutistim, Bud Fitter, Chandika, Master Stroke, Stite Diue, Canom Ball, Dag Four, Sixer, Vedik, Ditlti, Rudhra, Guardian, Eagle, Commander, Remedg, Agent, Relief, Roxxg GR, Reuiue GR, KillerX, Fantac Plus plus and Plantomgcin, which antoins Cell Free Microbial Products, Anti-oidants, Anti-Transpirants, Pressmud, Chitine and Egg Shell and are also not couered. under the Insecticides Act, 1968 and not included in Schedule-W of the Fertilizers issuing Memo Control (Order) Act, 1985, bg No.PP.n(1)2085/ 2OO5, dated 21.O1.2006 and Letter No.PP.il(1)2O85/ 20O5, dated 21.01.2006 and in the absenrn of notification prescibing the standards in Schedule-W, as being illegal, arbitrary, uncotlstitutional and direct the 2"d respondent not to interkre uithin ang manner in selling and distibution of bio-products/ bio-stimulants including from the licensed premises of the dealers/ stockisfs under the Insecticides Ad, 1968 and the Fertilizers 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. 2 TMOJ wp _12203 .2025

3. It is sul rnitted by the learned counsel for the p,:titioner that the subl ( ct matter of this writ petition is square ly covered by the comr--' ron order of this Court dated 10.07.110i5 in W.P.No.25!l9i of 2Ol4 ald batch, as modified by t-he )ivision Bench of this ()ourt in W.A.Nos. ll22 and 1136 of 1201ri. dated

03.11.20 16. r'rrther, this Court, while disposing of W.P.No.48 of 2O2L a:rd Latch uide cornrnon order dated 07.09.i)Ot11, held as under: '11. grantinct lt amplia nce Gouetttnten utithin tuo order. IJ st^ aboue, lhe satisfctci, tt G-3, utitltin ureu thereoJ, the Wit Petitions ore disposetd of, )crtA to the petitioners to make opltliccttions in t,ttth the requiremerut of Clouse 5 of the orcl,=r oJ lhe ' tf India, beaing No.5.O.882 (E), dated 23.1)3.2(21, ()2) ueeks from the date of receipt of cop11 tf .his :n applications are made tuithin the time stipulcted c)mpetent authoitg shall process ttrc sam,: an1 if ssue prouisional Certificate of Registrotion ir . F nn fitur (4) uteeks therectfter.

12. It i. to coll<lct s

23.02 :2021 the pctlarn grantin.g th public in.ter markete<7 a to deue,lop rnade clear that tle competent authoitg is en-ti led t;nples in compliance of Parl-C of the order dc ted ttnd test the ampatibilitg of the prodtrcts n ee lng ,ters to be molketed 2 as bio-nutients, be"bre : prouisional Certificate of Regtstration. It i.s in the ? ;t to ensure that a product to be produ<:e i t ,.nd ; a bio-nutient with the object of helping th<: lanner high cellulose and resistance pou.ter ir tht: olants .n/ I l 3 TMDJ wp_12201 2025 meets the pardmeters to qualfy as a bio_rrutient. The petitioners shall co-operate in dratuing the samples. Until the exercise as directed aboue, is ampleted., subject of course to petitioners submitting applicatiotts u.tithin the time stiputated aboue and in compliance of requirements of Clause S of the order dated 23.02.2021 of the Gouemment of Indtg, petitioners are entitled to manufacture and distibute as contemplated. bg Clause 4 of the order dated 23.02.2027. Hou,teuer, it is ahuags open to the competent authoitA to ueifg uhetlrcr fie products manuJacfured and distibuted by the petitioners are in compliance with the statutory requirements and take action os utarranted bg lau.t".

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 COPY// secrrorfo/orrrcen \ To, 1 . The Principal Secretary, Agriculture and Co-operation Dept ' Secretariat' State of Telangana, HYderabad.

2. The Commissioner and Director of Agri.cgltqre' State-of Telangana' Opp' - i.b.slrJiiiti, aasrreeruagn, Hvderabad, Telangana State' 3. One CC to B.V.APARNA LAKSHMI, Advocate lOPUCl 4. Two CCs to GP FoR AGRICULTURE, High Court for the State of Telangana IOUTJ

5. Two CD CoPies. BSK GJP :l:t:.t .. _ _zrl!t!tt: HIGH COURT DATED:23104t2025 I I ORDER WP.No.12203 af 2025 , il:l /, a) ., (, ^.v' s :_- \- .. i" :* i, ,. b\ \"r,. "' :.,':.:, ,,r,,',\ ii/ ,_:.::-l_*i-, .\] C i\ s :: ::i '3 ,'/ a'.../ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ) J lP