High Court · 2025

Petition under Article 226 ot 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., Verdantix, Vel Bloomit, Sprouta, Growvex, Vel Greenvo, Blossomor, Botanova, Floranix, Agritex, Leafrix, Vel Gro, Phytovex, Bloomix, Plantryx, Botavita, Novaflora, Planvex, Agrovera, Florasis, Agro Rise, Boost Bud, Crop Jet, Vel Power, Bloom Gro, Leaf Rush, Farm Lift, Plant Nest, Nutri Leaf, Vel Boost and Vel GrowX, 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- 2o06and Letter No. PP.ll(1)208512005, dated 21-01-20O6,and in the absence of notification prescribing the standards in schedure-Vr, as being iflegar, arbitrary, unconstitutionar, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-products/ bio- stimurants incruding from the licensed premises of the dearers/stockists under the rnsecticides Act, 196g and the Fertilizers Control(Order) Act, 19g5 lA NO: 1 oF 202s Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 2nd respondent not to interfere with manufacturing, sare and distribution of bio-products/bio-stimulants of petitione r-Firm, viz., Verdantix, vel Bloomit, Sprouta, Growvex, Vel Greenvo, Blossomor, Botanova, Floranix, Agritex, Leafrix, vel Gro, Phytovex, Broomix, prantryx, Botavita, Novafrora, pranvex, Agrovera, Florasis, Agro Rise, Boost Bud, crop Jet, Ver power, Broom Gro, Leaf Rush, Farm Lift, Plant Nest, Nutri Leaf, ver Boost and Ver GrowX, which contains ceil Free Microbiar products, Anti-oxidants, Anti rranspirants, pressmud, chitine and Egg shell and are arso not covered under the rnsecticides Act, 196g and not included in schedure-Vi of the Fertirizers contror (order) Act, 1985, incruding, from the ricensed premises of the dearers, stockists, under the rnsecticides Act, 1968 and the Fertirizers contror (order) Act, 1985, pending disposar 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 I n ORDER: THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.139 74 0F 2025 This Writ Petition is frled for the following reliel- "...... to issue a Writ Order or Direction more partiaiarlg one in the nature of Writ of Mandamus dedaing tLe action of the )"a Respondent in interfeing uith manufactuing, sale and distr[bution of bio-products/ bio-stimulants of petitioner- Finn, uiz,., Verdantix, Vel Bloomit, Sprouta, Groutuex, Vel Greenuo, Blossomor, Botanoua, Floronix, Agitex, Leafrix, Vel Gro, Phtltouex, Bloomix, Plantryx, Botauita, NouaJlora, planuex, Agrouera, Florasis, Agro Rise, Boost Bud, Crop Jet, Vel power, Bloom Gro, Leaf Rush, Fann Lifi, plant Nest, Nuti LeaJ Vel. Boost and Vel Grou.tX, tuhich contains 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 Schedute-W oj the Fertilizers Control (Order) Act, 1985, bg issuing Memo No.PP.n(l)2O85/ 2005, dated 21.01.2006 and Letter No.PP.n(1)2085/ 2OO5, dated 2 t.O j.2006 and. in the absence of notijication prescibing the standards in Sched.ule W, as being illeqal, arbttrary, unconstitutional and direct the 2"d respondent not to interkre uithin any manner in selling and distibution of bio-products/ bio-stimulants inctuding from the licensed premises of the deaLers/ slockists under the hlsecticides Act, 1968 and the Fertili.zers Control(Ord.er) Act, 1985 and pass such..."

2. Heard learned counsel for the petitioner and learnecl Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record. 2 IMDJ wp_13974_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 10.07.2015 in W.P.No.25293 of 2Ol4 and batch, as modifred by the Division Bench of this Court in W.A.Nos. ll22 and 1136 of 2016, dated

03.11.2016. Further, this Court, while disposingof W.P.No.48 of 2027 and batch uide common order dated 07 .O9.2021,'h.eld as under: "11. In uietu thereof, the Wit Petitions are disposed of, granting libertg to the petitioners to make appltcalions in compliance rutth the requtrement of Clause 5 of the order of the Gouernment of India, bearing No.5.O.882 (E), dated 23.03.2021, LDithin tuo (02) ueeks from the date of receipt of copy of this order. If such appLtcations are mad.e uithin the time stipulated aboue, th-e competeftt outhoitg shall process the same and if satisfed, fo issue prouisional Cert[fcdte of Registration in Form G 3, within four (4) uteeks thereafter.

12. It is made clear that the competent authoity is entitled to collect samples in compliance of Part-C of the order dated 23.02.2021 and test the compatibilitg of the products meeting the parameters to be morketed 2 as bio nutients, before grdnting th.e prouisional Certif.cate oJ Registration. It is in the public interest to ensure that o product to be produced and \ marketed as a bio-nutient u-'ith the object of helping the fanner \ to deuelop high cellutose and. resistance pouer in the plants TMDJ wp_13974 2025 meets tlte parameters to Elahfg as a bio-nutient. TfLe petitioners shall co operate in drauing the samples. tJntiL tle exercise as directed aboue, is completed, s4bject of course to petitioners submitting applications ulithin the time stipulated aboue and in compliance of requirements of Clotse S of the order dated 23.02.2021 of the Gouernment of India, petitioners are entitled to manufacture and distibute as antemplated bg Clause 4 of the order dated 23.O2.2027. Houteuer, it is alutays open to the competent authoitA to ueifg uhether the products manufactured ctnd distibuted bg the petitioners are in compliance tutth the stotutory requirements and take action as u)arranted bg lau".

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 To, //TRUE COPY//

1. The Principal Secretary, Agriculture and Co-ope T.S.,Hyderabad.

2. The Commissioner and Director of Agriculture, State of Telangana, Opp. 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 SD/.K. AMMAJI DEPUW REGISTRAR SECTION OFFICER n Dept., Secretariat, at Hyderabad [OUT]

5. Two CD Copies BM BS qr HIGH COURT DATED:0210512025 ORDER WP.No.13974 of 2025 1 HE SIA f4 (t 1 .:, , ? 6 YAil mfi r_) 'l ), ot: s o .- DISPOSING OF THE WRIT PETITION WITHOUT COSTS p("ad Y{,-fitt>