High Court · 2025

Petrtion 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 particurarry, one in the nature of wrrt 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., Sarpanch, Double Mask, Rio, Ruby, lsmark, Agro Zyme, Super_6, Starter, Bhishma-9, V-Guard, Ankar, lsha, plant Care, polo Gold, Sun Drop, ceasefire, Patel Gord, Agro Zyme-GR, Safari-Gord, chowkidar, Amrut, chhaava, Admit, Jodi No-1, N-95, Bindaas and patuwari, which contains Anti rranspirants, 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, I 1 I // / /: 1985, by issuing Memo No. PP.ll(1)2085/ 2005,dated 21-01-2006and Letter No. PP.ll(1 )2085/2005, dated 21-01-2006,and in the absence of notification presbribing 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 ea lers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985. I.A,NO: 1 0F 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-slimulants of petitioner-Company, viz., Sarpanch, Double Mask, Rio, Ruby, lsmark, Agro Zyme, Super-6, Starter, Bhishma-9, V-Guard, Ankar, lsha, Plant Care. Polo Gold, Sun Drop, Ceasefire, Patel Gold, Agro Zyme- GR, Safari-Gold, Chowkidar, Amrut, Chhaava, Admit, Jodi No-1, N-95, Bindaas and Patuwari, 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 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 IVRIT PETITION No.15 99o oF 2025 ORDER: This Writ Petition is liled for the following relief:- '--.--- to i-ssue a Wit Order or Direciofl fiore Parltnlorlg onP in thE nature of writ of Mandamus dectoing the actioft of the F Respondent in interfeting with manulacturing, sate and distributio/L of bio-ploducts/ bio-stimulanls of petitioter Compdny, vA' Sa/panch Dottble Moslg Rio, Rubg, Ismarlg Agro zyme, Stper-6' Starler, Bhi,shma-g, v<juard, A/.k,:r, tsh4 PlQnt Care, Polo Gold, Sun Drop, Ceasefire, Patel Cold, Agro Zlme CR, So,|an GoM, Chottkidar, Amrut' Chhaaud, Admit, Jodi No'1' N 95, Bind6,as dnd Patuwari, uhich conlails Anli Trdn-spiraftts, Pressmud, Chitine and Egg SheII and are also not couered under tle tn-secttcides Ad, 1968 and not inctuded in Schedule'w of the Fertilizers Control (Order) Act, 1985, bg issuing Memo No.PPn(1)2085/ 2005, dated 21.01.2006 ai,4 lAtter No-PPI41)2085/2OO5, dakn 21 .Ol .20o6 ond in the absence of notifrc<ttion presqibing the sta\dords in Schedule' V!, as beng illegal, arbitrary, uftconstih)tiotuLl aftd duect the 2d respondeftt not to i erfere i,ithul aig nlanner in selliq and distributiofl of bio-products/ b'lo stimula'tts inchldorq from the lcense.d Premises of the dedlers/ stocktsts und.er the Insecti!:ides Act, 1968 an<t the fblttlizers Control(Order) Aq 1985 and poss such-..'

2. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused ttre 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 10.07.2015 in W,P.No.25293 of 2014 and batch, as modified by the Division Bench of this Court in W.A.Nos. 1 I22 and 1 136 of 20 16, dated

03.1 1.2016. Further, this Court, while disposing of W.P.No.4S 2 TMDJ wp_15990_2025 of 2O2l arrd trar<:h ,ide common order dated OZ .O9.2021, held as under: " 1 1 . Itt uieLD thereof, the Writ petitions are di-sposed of, granting liberty to the petitioners to make applications in complianae: uith the requirement of Clause S of the order of the Gouernmert of India, beoring No.5.O.882 (E), d,oted 23.03.202 l, uithin tuto (02) weeks from the date of receipt of copg of this order. If s;tch applications are made uithin the time stipulated_ aboue, the competent authoitA shall process the same and f satisfied, lo issue prouisional Certifrcate of Registration tn Form G-3, uithit four (4) ueek-s thereafier.

12. It is made clear that the competent authoity i"s entitled to collect samples in compliance of Part-C of the order dated 23.02.202 1 and test the ampatibilitg of the products meeting the parameters to be mark.eted.2 as bio-nutrients, before granting the prouisional Certificate of Registration. It Ls in the public intetrest to erLsure that a product to be produced and marketed as o bio-nutient LDith the objeat of helping the farmer to deuelop high cellulose and resistance power in thE plants meets thtl perameters to quolifu as a bio-ruttrient. Thc petitioners shall co-operate in drauing the samples. tJntil the exerci-se as directed aboue, is completed, subject of course to petitioners submitting applications uithin the time stipulated. aboue ontT in compliance of requirements of Clause S of the order dated 23.02.2021 of the Gouernment of India" petitioners ,- Sre entitled to manufacture and distribute as contemplated. bg Clause 4 of the order dated 23.02.2027. Hou.teuer, it i.s aluags open to tfte competent authoritg to ueifu uhether the products 3 TMD,J wp 15990 2025 manufoctured and distibuted bg the petitioners are ln compliance u.tith the stdt tory requirements and take action as tuarranted bg law". 4 In terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition 1S 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/- T. TIRUMALA DEVI EPUw neotsrneR SECTION OFFICER To rabad. er and Directo State of Telang ana at HYde L.B.Stadi um, Bas heerbag h, Hvd erabad , Telangana State-

1. The PrinciPa I Secretary, Ag riculture and Co-oPeration DePt' ' 2. The Commisslon 3. Two CCs toGPF OR AGR ICULTURE, High Co urt for the State of Telangana M/s. B.V.APARNA LAKSHMI, Advocate IOPUCI 4. One CC to 5. Two CD CoPies r of Agri culture, State of Telangana' OPP' at HYdera bad. [OUT] Secretariat, SA GJP I $ I rlE S (o { o 2 3 ,turt 2q5 1' I .1" PATcHEO HIGH COURT DATED:1310612025 ORDER WP.No.15990 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. €)or'' s 2\16