The High Court · 2025

Petition under Article 226 oI 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, 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., 5G, C-Flower, Cotton Killer, Cred Dox, Maharaja, Millennium, Potency, Radar, Rooler, Sanjeevani, Tom Tom, Top Gun, Two Dots, Vigorous, Xtreme, Cred Mite, Black Belt and Cred Don, 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)208512005, dated 21- 01-2006,and in the absence of notification prescribing the standards in Schedule- Vl, as being illegal, a ritrary, unconstitutional, and direct the 2nC r-'spondent not . to interfere within ar )/ manner in selling and distribution of i'io-products/ bio- stimulants including f om the licensed premises of the d ealers/stoc'iists under the lnsecticides Act, 195t and the Fertilizers Control(Order) Act, 1985. lA NO: 1 OF 2025 Petition uncer lection 151 CPC praying that in the circumstirnces stated in the affidavit filed irr ..rpport of the petition, the High Co'lrt mily be pleased to direct the 2ndresponr ent not to interfere with manufacturing, sale and distribution of bio-p rod ucts/b io- st tnulants of petitioner-Company, viz.. 5G, C-''lower, Cotton Killer, Cred Dox, Ir/;:l- 'iraja, lr,4illennium, Potency, Radar, Rcoler, Sanjeevani, Tom Tom, Top Gun, Tv,,o t)3ts, Vigorous, Xtreme, Cred Mite, Black Belt and Cred Don. which contains Cel' F: ree tVicrobial Products, Anti-oxidants, Ant Transpirants. Pressmud, Chitiner er :1 Egg Shell and are also not covered unde r tre lnsecticides Act, 1968 and no1. n ;uded in Schedule-V iof the Fertilizers Contrrl (Order) Act' 1985, including frct uhe ticensed premises of the dealers, stockrsts, under the lnsecticides Act, 19( i:i and the Fertilizers Control (order) Act, 1985, pending disposal of the abo're '/r/rit petition. Counsel for the Petit oner : B.V.APARNA LAKSHMI Counsel for the Resg ondents: GP FOR AGRICULTURE The Court made the ollowing: ORDER w l THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI qIRIT PETITION No.139O5 OF 2025 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 Mondamus declaing the action of the 2",1 Respondent in interfeing u.tith manufactuing, sale and distibution of bio-products/bio-stimulants of petitioner- Company, uiz., 5G, C-Flou.ter, Cotton Killer, Cred Dox, Maharaja, Millennium, Potenca, Radar, RooLer, Sanjeeuani, Tom Tom, Top Gun, TLDI Dots, Vigorous, Xtreme, Cred Mite, Black Belt and Cred Don, tuhich mntains Cell Free Microbial Products, Anti-oidants, Anti-Transpirants, Pressmud, Chitine and Egg Shell and are also not muered under the Insecticides Ac| 1968 and not included in ScLrcdule-W of the Fertilizers Control (Order) Act, 1985, bg issuing Memo No.PP.n(l)2085/ 2OO5, dated 21.01.2006 and Letter No.PP.n(l)2085/ 2005, dated 21.01.20O6 and in the abseru:e of nofirtcafion prescibing the standards in Schedule W, as being illegal, arbitrary, unconstitutional and direct the 7d respondent not to interfere Laithin ang manner in selling and distribution of bio produds/ bio stimulants including from the licensed premises of the deolers/ stockists under the Insecticides Act, 1968 ctnd 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.

3. It is submitted by the learned cor.rnsel for the petitioner that the subject matter of this writ petition is squarely covered 2 TMD,I ,p_1390s_2025 by the corrn on order of this Court dated 1o.O7.lil0l5 in W.P.No.25il!)? ,tf 2Ol4 and batch, as modified by 1-he )ivision Bench of this .lourt in W.A.Nos. ll22 and 1136 of 201'r, dated

03.11.20 1(r. 1'L-trther, this Court, while disposing of W P No'48 of 2O2l and t:rtch uide comrnon order dated 07.0!1.120 21, held as under: "11. I't i,tew thereof, the Wit Petitions are dispo:;ed of, granl.[n1l l, :c:.rtg to the petitioners to moke applicc'tti tn: in compl.ian: t ,)ith the requirement of Clause 5 of tfu: order o1 the Gouenune r : of India, beaing No.5.O.882 (E), datea 23.01:.2tt21, within 't.,c ')2) tueeks from the date of receipt oJ' copy of this order. I-f :t,.h applications are made u.tithin the titne stlrul rte'd aboue-, tlt.: t.ompetent autltoitg shall process the sarrte ar d if satis-fie,7 t rssue proisional Cerlif.cate of Registration i'r. I onn G-3, tti;L i, iour (4) weeks thereafier. lt ,; made clear that the competent authorit4 is .nt'tled 12. to cc-t\leci : :'tnples in compliance of Part C of the ordet d ed 23.02.2(,:) Ltnd test the compatibilitg of th.e proCucts rtet ting the parot:ters to be marketed 2 as bio nutient:;, bt fite gronlinq rl t: prouisional Certificate oJ Registratiort. 11 s in the publ.i.c ir,te',.st to ensure thot a product to be produ ced an.d. marh:etetl :; n bio nutient uith the object of helping tl'e fo'm,er to de'ue,lo,r; tligh cellulose and resistance pou.ter tn th e plints meets t\( parameters to qualifu as a bio tLutrie.nt. The petitione'.. :;hall co-operate in drau-ting the samples. U ttil the exerctse o: directed aboue, is completed, subject of ..oitr::e to -ww..,1' / 3 TMDJ wp_13905_2025 petitioners submitting applications uithin the time stipulated aboue and in amplianrre of requirements of Clause 5 of tLrc order dated 23.02.2021 of the Gouernment of Indig, petitioners are entitled to manufacture and distibute os contemplated bg Clause 4 of the order dated 23.02.2021 . Houeuer,-it is alwags open to the competent authoitA to ueifg tuhether tLE products manufactured and distibuted by the petitioners are in compliance tuith the stahttory requirements and toke action os uanranted bg low".

4. In terrns 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. //TRUE COPY// SD/- MOIID. ISMAIL DEPUTY REGIST SECTION OF FICER n DePt., Secretariat, State of Telangana' Hvd erabad L.B.Stadium , Basheerbagh , Hyderabad, Telangana State' 1 . The PrinciPal Secretary, Agriculture and Co-oPera 2. The Comm issioner and Di rector of Ag riculture, State of Telangana' OPP' 3. One CC to B.V APARNA LAKSHMI' Advocate' IOPUCI 4. Two CCs to GP FoR AGRICULTURE' High Court for the State of Telangana

5. Two CD CoPies BSK To, m HIGH COUR.T DATED:01 10512025 ORDER WP.No.13905 of 2025 i t'it s r4r i-) J 'J ?t * l)Ij.... G( ii' zms E rC * AI )H DISPOSING C F THE WRIT PETITION WITHOUT COSTS ?) €