M/s. Brahmaputra Ridge Organics, Rep. by its Proprietor v. Sudheer S/o. vs Rama Narsaiah, aged
Case Details
Petition Under Article 226 of lhe 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 it the nature of Writ of fVlandamus, declaring the action of the 2nd Respondent in interfering with manufacturing, sale and distribution of bio-products stimulants of petitioner- Firm, viz., Sampada, Sampoorna, Ludo, Rapick. Chase, Tesla, Ecodus, Girafee, Capacity, Boundary, Gentleman. V. Control. 4K, Biggest, Stephin, Solar, Tower, Century 100, Pudami, Noble, Humic, Guide, Trigger, Swist, Siren, Budget, Safety, Jailer, Red Bull, Check Out, Scaner, Union, Cyber, Chapter, Swaraj, Miltri, lndigo, Bhumika, Fitness, Boxing, Mission, Spiderman, God Father, Bouncer, Jaxon, Glamour, Rolex, Captain, Container, Peacock and Possible, 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 lMemo No. pp.il(1)2085/ 2005,dated 21-o.t- 2006and Letter No. PP]l(1)zo1st2005, dated 21-01-.2oo6,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 ea lers/stockists under the lnsecticides Act, .196g 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 2ndrespondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimurants of petitioner-Firm, viz., Sampada, .Sampoorna, Ludo, Rapido, Chase, Tesla, Ecodus, Girafee, Capacity, Boundary, Genfleman, V. Control, 4K, Biggest, Stephin, Solar, Tower, Century .100, pudami, Nobte, Humic, Guide, Trigger, Swist, Siren, Budget, Safety, Jaiter, Red Bull, Check Out, Scaner, Union, Cyber, Chapter, Swaraj, Miltri, lndigo, Bhumika, Fitness, Boxing, lVlission, Spiderman, God Father, Bouncer, Jaxon, Glamour, Rolex, Captain, container, Peacock and possible, which contains Anti rranspirants, 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. r 968 and the Fertilizers control (order) Act, 19g5, 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 folowing ORDER THE HON,BLE SMT. JUSTICE T' MADHAVI DEVI WRIT ON No.159 87 0F 2025 ORDER: This Writ Petition is filed for the following reliel- .-.....toissue. writOrd.eforDirectionmoreparticllarlyoneinthe nature of Writ of Mandamus declaring the action of the 2nd Respondent in interfenng uith monuf(rctullng' sale and distibution of bio productsstimulants of petitioner- Firm' uiz'' Sarnpada' Sampoorna' Ludo, Rapick, Chose, Tesla' Ecodus' Girafee' Capacitg' Boundary' Gentleman,VControL'4K'Biggest'stephin'Solar'Touer'Century 10O, Pudami, Noble' Humic' Guide' Tigger' Srutst' Siren' Budget' SaJetg, Jailer, Red Bull' Check Out' Scaner' I)nion' Cgber' Chapter' Sutaraj, Mtltri, Ind'igo' Bhumikr.' Fitness' Boing' Mission' Spiderman' God Father, Bouncer' Jaxon' Glamour' Rolex' Captain' Container' Peocock andPossible' uhich contains Anti Transpirants' Pressmud' Chitine and Egg Sheu and are also not couered under tte Insecticides Act, 1968 ond not included in Schedule'Vl of the FertilDers Control (Order) Act, 1985, bg issuing Memo No' PP (1)2085/ 2005'dated 21- 01-2006 and lEtter No PP' (1)2085/ 2OO5' dated 21-O1-2O06' and in th.e absence of notificanon prescibing the stcind',Lrds in Sch.edule-Vl' as being ittegal, arbitrary' unconstitutional' and direct th.e 2nd respondent not to interkre tuithin ang manner in selling and distibution of bio-products/ bio- stimulants including from tte licensed premises of tll deolers/ stockists under tle Insecticides Act' 1968 and tle Fertilizers Controt(order) Act' 1985 ond prlss such "" 2. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record' 2 TMD,J wp 15987 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 ol 2Ol4 and batch, as modified by the Division Bench of this Court in W.A.Nos. ll22 and 1136 of 2O 16, dated
03.1i.2016. Further, this Court, while disposing of W'P'No'48 of 2O2l and batch uide cor,rrmorl order dated 07 'O9'2021, held as under: "11. ln deu thereof, the Wit Petitions are disposed of, granting libertA to the petitioners to make application-s tn compliance uith the requirement of Clause 5 of tlw order of the Gouernment o-f India' beaing No.5.O.882 (E), dated 23.03.2021, luithin tuo (02) weeks from the date of receipt of copg of this order. If such applications ore rnade wtthin the time stipulated aboue, the cornpetent authoitA shall process the same and if satisfied" to i^ssi./€ prouisional Certtficate of Registration in Form G-3, tttithin four (4) ueeks thereafier' It is made clear that the conpetent authoitq is entitled to 12. collect s(lmples in compliance of Part-C of the order dated 23'02 2021 and test the compatibilitA of the products meeting the parameters to be marketed 2 as bio nutients, before granttng tlrc prouisionat Certificate of Registrotioft It is in the public interest to ensure that a prodrtct to be produced antd. marketed as a bio-nutient with tle object of helping the \frrrn", to deuelop hiqh cellulose and resistance pou'er in the plants \ rieets the parcrmeters to EtalifA as a bto nutient Tlrc petitioners sho,ll co operqte ift drawing tlle samples. tlntil ttg exercise a-s directed aboue, is ,:omPleted, subiect of course to petitioners submitting 3 TMDJ wp-1s987,2025 distributeascontemplated,baClause4oftheorderd.ated23.o2.2o2l. applications uithin the time stipulated aboue and' in compliance of reEtirements of Clause 5 of the order dated 23'02'2021 of the Gouemment of lndia' petttloners are entitled to manufacture and Houeuer, it is atwogs opeft to the competent authoitY to ueify whether tlle products manulactured and distibuted bg the petitioners dre in compliance uith the statutory requirements and toke action as Luafidnted bg lalD" ln terms of the aforestated ord'ers and for the reasons is also disPosed of' 4 mentioned therein, this Writ Petition There shall be no order as to costs' Miscellaneous Petitions' if anY' pending in this Writ Petition, shall stand closed' //TRUE COPY' SD/. D T. TIRUMALA DEVI PUw REGISTRAR / , I ECTION OFFICER To 1 The PrinciPa I Secretary' Agriculture and Co-oPeratio yderabad State of Telang ana at H ner and Director o L.B.Stadium, Basheerbag h, Hyde rabad, Telangana State-
2. The Commissio a Two CCs to GP FOR AGR ICULTU RE, Hiqh Co urt for the State of Telangana 4. One C 5. Two CD CoPies fAs riculture, State of Telangana' OPP PARNA LAKSHT\'41, Advocate [OPUC] C to M/s. B.V.A at Hyd erabad. [OU ept., Secretariat, SA GJP s ,a S r tt€ o.' Y J o o r-' 2 3 JUN 2025 t O5SPr.16r'rr'' ; I HIGH COURT DATED:1310612025 ORDER WP.No.15987 of 2025 DISPOSING OF THE W.P WITHOUT C)OSTS. Cg)qa *ff