High Court · 2025

M/s. Next Enterprises, Rep. by lts Managing Partner, Smt. K. Rajitha Wo. Shashidhar, aged 32 years, Rl./o. D.No. 1-6211 , Danthalapally, Nellikudur, Warangal District - sOG 324, Telangana State. Factory and Office at . No. 357, Ambedkar Nagar, Road No.2, Ammu Hanny Kirana Store, Cherlapally, Hyderabad-501 301, I\,4edchal-lvlalka.jgiri District, Telangana State. AND 1 The State of Telangana, Rep. by its Principal Secretary, Agriculture and Co- operation Dept., Secretariat, Hyderabad. 2 The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State. ...PETITIONER ..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 lvlandamus, declaring the action of the 2nd Respondent in interfering with manufacturing, sale and distribution of bio-prod ucts/bio- stimulants of petitioner- Firm, viz., Raksha, Veer, Striker, Viper, Odassi, Sindoor, Paramanu, Care, Super Cilli, Eros, Quantum, Lumin, Next Zen, Ultimate, Alpha, Appollo, Nike, Arena, Softouch, Super, Abhedya, Bhumiputra, Active, Next Chem, Prahar, Atom, Akash, Cottonplus, Paddyplus, Excel, Flash, Guard, Root Max, Power chem, Blast, Shark, Shield, Juno, Fungi Fight, Prefix, A-1 , Zenx, Mitras, Arma, Cortex, Larvi-6, Bond- 007, Nxt Cotton, Nxt Chilli and Nxt Paddy, 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 Memo No. pp.[(r)2085/ 2005,dated 2.r-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, 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, 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 2nd respondent not to interfere with manufacturing, sale and distribution of bio_ products/bio-stimulants of petitioner-Firm, viz., Raksha, Veer, Striker, Viper, Odassi, Sindoor. Paramanu, Care, Super Cilli, Eros, euantum, Lumiq, Next Zen, Ultimate, Alpha, Appollo, Nike, Arena, Softouch, Super. Abhedya, Bhumiputra, Active, Next Chem, Prahar, Atom, Akash, Cotton+, paddy+, Excel, Flash, Guard, Root Max, Power chem, Blast, Shark, Shield, Juno, Fungi Fight, prefix, A_1, Zenx, Mitras, Arma, cortex. Larvi-6, Bond-007, Nxt cotton, Nxt chili and Nxt paddy. which contains Anti rranspirants, pressmud, chitine and Egg shefl and are arso not covered under the lnsecticides Act, '196g and not included in Schedule_Viof the Fertilizers contror (order) Act, 19g5, incruding from the ricensed premises of the dealers, stockists, under the lnsecticides Act, 1g6g and the Fertilizers control (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 THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI U/RIT PETITION No.16O25 OF 2o25 ORDER: This Writ Petition is filed for the following relief:- u...-.. to issue d Wit Order or Dtrection more partia,LlarlA one in tle nature of Wit of Mdndamus dec|Littg the action oJ the 2r Respondent in interking uith ma iactuing, sale and dlstributioa of blo products/ bo stimulants of petitlofter-Finn, utz., Rak-sho. Veer, Strilrer, Vtper, Odasst, SirLdoor, Paramanu, Care' Super Cilli" Eros' Qudntum, Lutuin- Nert Zen" ultimate, Alphfl, Appo o' Ntke' Arena, Sofroudl Super, Abhedga, Bhumiputro, Actiue, Nen Chena Prahor, Atom, Ah'r]slL Colton+, Paddg+' ExceL, Flosh. Guard, Root Mot" Pouer chem, Blclst, SharE Shield' Juno, Fungi Ftght, Prefix, A 1, Zenx, Mitras, Atma, CorTet Larvi 6' Bond A07, Nn Cotton Nn chiLli and Nn Paddg, wLLich crint,]ins Anti Transpirants' I+essmzd' Chitine and Egg Shell and are also ftot <ruered under the Insecticid.es Act, 1968 and r"ot incfuded in ScleduLe'W of the Fertitizers Colltrol (Order) Act, 1985, ba issuing Memo No'PP'I(1)2O85/2005' dated 21.01.2006 and laxer No.PP.1(1)2Oa5/ 2005, dated 2)-01.2006 and ift the absence of notification presffibirLg the sto.nd,.rds in Schedule'w, as being illegal, o.rbitr@ry, uftcottstitutional and direct the 2d respondetrt not to intetkre uithin anA maftr.er in selling and distnbution of bio producls/ bio stimulants including from the Iicensed premises of the dealers/ stockists und"-r the Insecticides Act, 196a and the Fertitizers Cofttrol(Order) Ac1, 1985 and pass such. -'

2. Heard learned counsel for the petitioner and leamed Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material 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-O7.2015 in l W.P.No.25293 of 2014 and batch, as modified by the Division Bench of this Court in W.A.Nos. I 122 and I 136 of 2O 16, dated

03.11.2O16. Further, this Court, while disposing of W.P.No.48 2 IMD,J wp,16025_2O2s of 2O2l and batch uide cornmon order dated 07 .O9.2021, held as under: l \ " 1 1 . In uteu thereof, tLe Wit Petitions ore di.sposed of, granting libertg to the petitioners to make applicattons in com,pliance utith the requirement of Clause 5 of the orde-r of the Gouernment of India, bearing No.5.O.882 (E), dated 23.03.202 1, utithin two (O2) u-teeks from the date of receipt of copg of thi.s order. If sttch applications are made within the time stipulated aboue, the competent authoritg shall process the same and if satisfted, to issue proui"sional Certiftcate of Registrotion in Fori G 3, tuithin four (4) ueeks thereafier.

12. It is made clear that the competent authoritg 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 marketed 2 as bio nutrients, before granting the proubional Certificate of Registration. It is in the public interest to en sure that a product to be produc:.ed and marketed as a bio-nutrient u.tith the object of helptng the farmer to deuelop high cellulose and resistonce potuer in the plants meets the parameters to qualifu as a bio nutient. The petitioners shall co-operate in drauing the samples. Lrntil the exerci.se a^s directed aboue, is completed, subject of course to petitioners submitting applications uithin the time stiputated aboue anri in compliance of reqtirements of Clause 5 of the ord-er dated 23.02.2021 of the Gouernm-ent of India, petitioners are entitled to manufacture and distibute as contemptated bg Clause 4 of the order dated 23.O2.2O27. Houeuer, it is alutags open to the, competent authoitg to ueifg uhether the products 3 TMD,] wp 16025 2025 I manufacdtred and distibuted bg the petitioners are tn compliance uith the statutory requirements and take action as warranted by law".

4. In terms of the aJorestated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There sha-ll be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. i/TRUE COPY// SD/. T. TIRUMALA DEVI D Ury REGISTRAR ECTION OFFICER

1. The PrinciPa I Secretary, Agriculture and Co-operation Dept., Secretariat, The State of Telangana, 2. The Commissioner a L.B.Stadium, Ba 3. One CC to M/s. 4. Two CCs to GP Hyderabad [OUT] rabad. rector of Ag riculture, State of Telangana, Opp. Telangana State- Advocate tOPUCI urt for the State of Telangana, at sheerbagh, HYderabad, B. V. Aparna Lakshmi, for Agriculture, High Co Hyde nd Di

5. Two CD CoPies To, TJ GJP Y b HIGH COURT DATED:131(t612025 k o^ /, o o 2 3 ,lul 2E5 aa -^D,.--\l€ o ORDER WP.No.16025 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @q'8 n b .L\ t {