High Court · 2025

M/s. Green Earth Agri Tech Private Limited, Rep. by its Managing Director, B. Harish Kumar Reddy S/o. B. Srinivas Reddy, aged 43 years, R|/o. D.No. 2- 104, Kuntloor Village, Hayathnagar Mandal, Ranga Reddy District - 501 505, Telangana State. Factory and Office at. Plot No.95,96 and 97, Sy.No.47, BhuvaneshwariNagar'PeddaAmberpet'Hyderabad ...pETraoNER AND 1 2 The State of Telangana, Rep. by its Principal Secretary, Agriculture and Co- qperation Dept., Secretariat, Hyderabad. The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerlcagh, Hyderabad, Telangana State. ...RESPONDENTS 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-products/bio- stimulants of petitioner- Company, viz., Agent, No Mite, Trophy. All Clear, Egg Block, Pirate, Pro Mite, Roar, Armor, Radar, All in One, Nexus, Gun Shot, Vanish, No Borer, Daimond, Garuda, Snake, -Transformer, BPH Sheild, Safe, Spotless, Police, White Out, Fetrax, Geo Terra, Blue Bell, DR Flowering, Cure Crop, DR Growth, Radicle. Sprout, DR Root, Yield Plus, Magic Root, Kalasona, Kalasona, Patrol, Counter (Lock N Load), Tornando, Champion, Craft Crop, Energy, Fusion, Go Pro, GSK, Life Line, Magnifier, Polo Ride and Spivel, which contains Cell Free Microbial Products, Anti- oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act, '1968 and not included in Schedule-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.l1(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, 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, 1 985 lA NO: 'f 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 respondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimulants of petitioner-Company, viz., Agent, No Mite, Trophy, All Clear, Egg Block, Pirate, Pro Mite, Roar, Armor, Radar, All in One, Nexus, Gun Shot, Vanish, No Borer, Daimond, Garuda, Snake, Transformer, BPH Sheild, Safe, Spotless, Police, White Out, Fetrax, Geo Terra, Blue Bell, DR Flowering, Cure Crop, DR Growth, Radicle, Sprout, DR Root, Yield Plus, Magic Root, Kalasona, Kalasona+, Patrol, Counter (Lock N Load), Tornando, Champion, Craft Crop, Energy, Fusion+, Go Pro, GSK, Life Line, Magnifier, Polo Ride and Spivel. 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-Viof the Fertilizers Control (Order) Act,. 1985, including from 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: Ms. B. V. APARNA LAKSHMI Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER Schedule-Vl of the Fertilizers Control (Order) Act, 'lg8E, by issuing Memo No. PP.l1 (1 )2085/ 2005,dated 21 -o1 -2OOOand Letter No. PP.|(1)2O85t2005, dated 21-O1-2006,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 d ealers/stockists under the lnsecticides Act, 196g 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 respondent not to interfere with manufacturing, sale and distribution of bio-prod ucts/bio-stimulants of petitioner-Company, viz., Agent, No Mite, Trophy, All Clear, Egg Block, Pirate, Pro Mite, Roar, Armor, Radar, Atl in One, Nexus, Gun Shot, Vanish, No Borer, Daimond, Garuda, Snake, Transformer, BpH Sheild, Safe, Spotless, Police, White Out, Fetrax, Geo Terra, Blue Bell, DR Flowering, Cure Crop, DR GroMh, Radicle, Sprout, DR Root, Yield Plus, Magic Root, Kalasona, Kalasona+, Patrol, Counter (Lock N Load), Tornando, Champion, Craft Crop, Energy, Fusion+, Go Pro, GSK, Life Line, Iv,lagnifier, Polo Ride and Spivel. 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-Viof the Fertilizers Control (Order) Act, 1985, including from 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: Ms. 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 \trRIT PETITI ON No. 13540 OF 2025 ORDER -CrlO' This Writ Petition is hled for the following relief:- n. ... .. to issue a Wit Order or Diredion more porttculorlg one in of Wit of Mondamus d'eclaing the action of the 2"d t; i""i"ro.^r" in iiterfeang uith manufactuing' sale and ^;;" 'irrino"rrr" of bio-prorTucts/bio-stimulants of petitioner' Z"i""n, ,o-, eg"nl, No Mite' Trophg' Atl Cteor' Egg Blocle iroi., ilo Mite, Roar, Armor' Radar' Alt in one' Nexts' Gun ^iit,' vonitt," No Borer' Daimond' Garuda'--.Snake' "i*r*frr,""r, BPH St'Lerld, SaJe' Spottess' Potice' White Out' DR i"rrrr, O.i Terta, Blue neU' nn FlortLeing' Curl Grouttlt Radicle, Sprout, DR Root' Yietd Plus' Magic Root' Kalasona, Kalasona+' Patrol, Counter (Lock N l'oad)' 'Ci.^pion, -Tornando' Crofi Crop, Energy' Fusion+' Go Pro' GSK' Life Line' 'irn.irf*r, potl nii" and Spiuel' uthich contains Cell Free Microbial Products, Anti oidants' Anti-Transpirants' Pressmud, Chitine ond Egg Shelt and ore al-so. yot^couered under the lnsecticid'es Act, 1968 ond not included in Schedu[e lii i ri r"nitoers controt (order) Act' 1985' bg issuing Memo zoos, d-ated 21'01'2006 and Letter No.PP.fll)2085/ 20O5, dated 21'O1'2006 and in the absence of noritr oiion prescibing the standards in Scledule-W' as beinq ttigi, .ra;",A, uncinstitutional and' direct the 2"d respondent not to interfere uithin ang monner in selling and distibution of 6i" O*a".t"t bio-stimulants including from tle licensed Oir"l^O"" of the dealers/stockists und'er the Insecticides Act' 1968 and the Fertilizers Controt(Order) Act' 1985 and pass such..." -No."pp.q1Pggs7 -

2.Heardlearnedcounselforthepetitionerandlearned Government Pleader for Agriculture appearing on behalf of the respondents. Peru sed the material available on record' IMD] wp_13540_2025

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 10.O7.20 15 in W.P.No.25293 of 2OI4 and batch, as modifred by the Division Bench of this Court in W.A.Nos.1 122 and 1136 of 2O16, dated

03.11.2016. Further, this Court, while disposiag of W.P.No.48 of 2O2l and batch uide corrrmon order dated 07 .O9.2O21 , held, as under: In uieu-t thereof, tle Wit Petitions are disposed of, " 1 1 . granting liberty to the petitioners to make applicatiors in compliance uith the requirement of Clause 5 of the order of the Gouernment of India, beaing No.5.O.882 (E), dated 23.03.2021, uithin tulo (02) weeks from the date of reeipt of copg of this order. If such applications are made utithin the time stipulated aboue, the d)mpetent authoitg shall process the same and if satisfted, to issue prouisional Certificate of Registration in Fonn G-3, utithin four (4) weeks thereafier. 12- It is made clear tllat the ampetent autLnitg is entitled to collect samples in compliance of Part-C of the order dated 23.02.2021 and test the ampatibilitg of tlLe products meeting the parameters to be marketed 2 as bio-nutients, before granting the. prouisional Certificate of Registration. It is in the public interest to ensure that a product to be producnd. and. marketed o,s a bio-nutient uith the object of helping the farmer to deuelop high cellulose and resistance pouer in the plants 3 TMD,I wp_13540_2025 meets the parameters to qualiJy as a bio-nutient' The petitioners shall co-operate in drauing the samples' Un'til the exerclse as directed aboue, is ampleted, subject of course to petitioners submitting applications within the time shpulated oboue and in utmpliance of reqirements of Clause 5 of th-e ord.er dated 23.02.2021 of the Gouernment of India, petitioners are entitled to manufacture and distibute as contemplated bA Clause 4 of tle order doted 23.02.2O21 . Houeuer, it is olwags open to the competent autlnity to ueify uhether tLrc' products manufacfired and d.istributed by the petitioners are in compliance uith tlrc statutory requirements and take action as udrranted by lau.t"- In terms of the aforestated orders and for the reasons

4. 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. To, //TRUE COPY// SD/-K. AMMAJI REGtrffMR- - ,r\DEIUw f)v secrror.r oFFtcER 1 . The Principal Secretary, Agriculture and Co-operation Dept., Secretariat, 2. The Commissioner and Director of Agriculture, State of Telangana, Opp. T.S.,Hyderabad. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State. 3. One CC to Ms. B. V. APARNA LAKSHMI, Advocate [OPUC] 4. Two CCs to GP FOR AGRICULTURE ,High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies BM BS W 1 HE SIap(' (i 2 6 t'lAY 2[25 ( t J c o ,) D\I a .: s ParC \'r\:- j2;/ -==-::?- l I HIGH COURT DATED:3010412025 ORDER WP.No.13540 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS g-d+ \ar' \ )-< < 4.-\7e '1?\"