M/s. JT Agritech v. 1. The State of Telangana

Firm, viz., Bhusara, lkya, JT. Star, JT.Cott, Khan Sar, JT.6G, JT.Altron, JT.999, Rafel, JT.Virus, Cobra, Boxer, Emirates, All-in-One, JT.Mite, Nutri Gold, Aspiria, Arvast, Super-9, Super-6, Parthas, JT. Alexa, Well Fire, Sumithra,5 Galaxes, Bhu Rakshak, Pady Gold, Vajram and Grow Ea(h, which contains 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 lt/emo No. PP.ll(1\20851 2005dated 21-01-2006and Letter No. PP.ll(1)2085/2005, dated 21-01-2006,and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal, arbitrary, u ncb nstitution al, 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 dea lers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985. l.A.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 2nd respondent not to interfere with manufacturing, sale and distribution of bio-prod ucts/bio-stimulants of petitioner-Firm, viz., Bhusara, lkya, JT. Star, JT.Cott, Khan Sar, JT.6G, JT.Altron, JT.999, Rafel, JT.Virus, Cobra, Boxer, Emirates, All-in-One, JT.Mite, Nutri Gold, Aspiria, Arvast, Super-9, Super-6, Parthas, JT. Alexa, Well Fire, Sumithra, 5 Galaxes, Bhu Rakshak, Pady Gold, Vajram and Grow Earth, which contains 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 Oontrol (order) Act, 1985, pending disposal of the above writ petition. Counsel for the Petitioner : M/s B.V.APARNA LAKSHMI Counsel for the Respondents : GP FOR AGRICULTURE The Court made the following ORDER I 7 THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION No. 1586i OF 2O2s ORDER: This Writ Petition is Iiled for the foilowing relief:- '... to issue a Writ, order or direction more particularly one in tJ.e nature of Writ of Mandamus, declaring the action of the 2"a respondent in interfering with manufacturing, sale and distribution of bio- products/ bio-stirnulants of petitioner ftrln, viz., Bhusara, Ikya, JT Star, JT.Cott, Khan Sar, JT.6G, JT Altron, JT.999, Rafel, JT.Virus, Cobra, Boxer, Emirates, All-in-. one, JT.Mite, Nutri Gold, Aspiria, Arvast, Super-9, Parthas, JT.Alexa, Well Fire, Sumithra, 5 Galaxes, Bhu Ra-kshak, Pady Gold, Vajram & Grow Earth, which contains Anti Transpirants, Pressmud, Chitine and Egg Shell and are a-lso 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.II(1)2085/2005, dated 27.O1.2006 artd letter No.PP.II(1)2085/2005, dated 21.O1-2006, and in the absence of notification prescribing tlle standards in Schedule-Vl, as being illegal, arbitrary, unconstitutional, and direct the 2"d 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 Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985." \ 2

2. Heari learned counsel for the petitioner and learned Government Pleader for Agriculture appearing orr behalf ol the responclents. Perused the materia-l available on record.

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 lO.O7.2Ol5 in W.P.No.25293 of 2Ol4 and batch, modified lry the Division Bench of this Court in AS W.A.Nos. I 122 and 1136 of 2OL6, dated 03.11.2016. Further, this Court, while disposing of W.P.No.4B of 2O2l and batch vide common order dated O7.O9.2O21, held as under: " I 1. [n view thereof, the Writ Petitions are disposed of, grantillg liberty to the petitioners to make applications in compliance with the requirement of Clause 5 of the order of tht: Government of India, bearing No.S.O.882 (Et, dated 23.03.2021, within two (02) weeks from the date of receipt o[ cop.r of this order. If such applications a.re made wit]rin the tirne stipulated above, the competent authority shalt process the same ald if satisfied, to issue provisioned Certifi,rate of Registration in Form G-3, uthin lbur (4) weeks thereafter.

12. [t is made clear that the competent aut]rority is entitle.l to collect sarnples in complialce of part-C of the order dated 23.O2.2O2I arrd test the compatibility of the produr:ts meeting the parameters to be marketed 2 as bio- nutrie rts, before granting t1le provisional Certificate of \ *Regrstration. It is in the public interest to ensure that a produ,:t to be produced ald marketed as a bio-nutrient 3 with the object of helping the farmer to develop high cellulose and resistance power in the plants meets the parameters to quaIry as a bio-nutrient. The petitioners shall co-operate in drawing the samples. Until the exercise as directed above, is completed, subject of course to petitioners submitting applications within the time stipulated above and in compliance of requirements of Clause 5 of the order d,ated 23.O2.2O21 of the Government of India, petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021. However, it is always open to the competent authority to verify whether the products manufactured and distributed by the petitioners are in compliance with the statutory requirements and take action as warrarted by lad'.

4. In terms of the aforestated orders artd for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- T. TIRUMALA DEVI PUTY REGISTRAR SECTION OFFICER I To

2. 3 4 The PrinciPal Secretary , Agriculture and Co-oPeration Dept., Secretariat, State of Telang ana at HYd erabad The Commissto ner and Director of Ag riculture, State of Telangana' OPP L.B.Stadium' Ba sheerbagh , Hyderabad, Telangana State Two CCs to GP FOR AGRI CULTURE , High Co urt for the State of Telangana PARNA LAKSHMI' Advocate [OPUC] erabad. I C to M/s B.V.A at Hyd One C Two CD Copies SA GJPr .J oR 1HE S 14 /€ k I 3" 23lutl 2p5 (( : i { PAT('I o I I I HIGH COURT DATED:12101i12025 ORDER WP.No.15861 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 1,( 1\