M/s Goutham Ag-ro Chemirals v. 1 . The state of rerangana

Petition under Articre 226 of the constitution of rndia 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-products/bio- stimulants of petitioner_ Ftm, viz., Axe, Force, Jodi No. l, Rudra, Mudra, powei'f Royal-350, Royal_500, Royal- Exprex, Rolex, super prus, super Frower, Ugram, soir Booster, soir prus, Ferterra, G-Mite, G-Special, G-Top, G-power, yodha, Sagarplus, Kill_lr/ite, SVC, All-control, Booster, Apex, Amogh, G-Royal and pushkal, 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.ll(i)2085/ 2oos,dated 21-oi- 2006and Letter No PP.ll(1)2085t2005, dated 21-01-2O06,and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal, arbitrary, u nconstitutiona l, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-products/ bio- stimulants irrcluding from the licensed premises of the dea lers/stockists under the lnsectici,ces Act, 1968 and the Fertilizers Control(Order) Act, 1985 t.A.NO :1 OF 2O25 Petition Under Section 151 CPC praying that in the circunlstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to direct the 2ndrespondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimu la nts of petitioner-Firm, viz., Axe, Force, Jodi No-1, Rudra, Mudra, Power+, Royal-350, Royal-500, Royal-Exprex, Rolex, Super Plus, Super Flower, Ugram Soil Booster, Soil Plus, Ferterra, G-lVite, t3-Special, G-Top' G-Power, Yodha, Sagar+, Kill-Mite, SVC, All-Control, Booster, Apex, Amogh' G- Royal & Pushkal which contjins Anti Transpirants, Pressmucl Chitine and Egg Shell and are also not covered under the lnsecticides Act, 1968 and not included in Sbhedule-Viof the Fertilizers Control (Order) Act, 1985, irrcluding 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 : SMT B.V.APARNA LAKSHMI Counsel for the Respondents : GP FOR AGRICULTURE The Court made the following ORDER l THE HONOURABLE SMT WSTICE T.MADHAVI DEVI llrRlT PETITIONNo. 1913O oF 2025 ORDER: This Writ Petition is filed for the following reliet_ to issue a Writ, order or direction more particularly one in the nature of Writ of Mandarnus, declaring the action of the 2.d respondent in interfering with manufacturing, sale and distribution of bio_ products/ bio-stimulants of petitioner _ Firm, viz., Axe, Force, Jodi No. 1, Rudra, Mudra, power+, Royal_350, Royal-500, Royal Expret, Rolex, Super plus, Super Flower, Ugram, Soil Booster, SoiI plus, Ferterra, G_Mite, G_Specia1, G-Top, G-power, yodha, Sagar+, Kill_Mite, SVC, AI1_ Control, Booster, Apex, Amogh, G_Royal & pushkal, which contains Anti Tralspirants, pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act, 1968 and not included in Schedule_Vl of the Fertilizers Control (Order) Act, 19gS, by issuing Memo No. PP.[(1)2085/ 2005, dated 2t.Ot.2OO6 and Letter No. PPJI(L|2OBS/2O05, dated 2t.OL.2OO6,.and in the absence of notification prescribing the standards in Schedule_Vl as being iilegal, arbitrar5r, unconstitutiona.l, and direct the 2.a respondent not to interfere wittrin any manner in setting and distribution of bio_products/ bio_stimulants including from the licensed premises of the dealers/stockists under the Insecticides Act, 196g and the Fertilizers Control (Order) Act, 1985." J 2

2. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents Perused the materia-l available on .ecord' It is submitted by the learned counsei for the 3: petitioner that the subject matter of this writ per-ition is squarely covered by the common order of this Court dated 1O.O7.2O15 in W'P'No'25293 of 2Ol4 arrd b2tch' as modified by the Division Bench of this C'urt in W.A.Nos.1122 and 1136 of 2016' dated o3 17'2016' Further, this Court' v('hile disposing of W'P'No'48 <tf 2O2l and batch vide common order dated 07 'O9'2O21' held as under: r- \riew thereof, the Writ Petitions are dispost:d of' ,' 1 1 peLilioners to make applicati':ns in .ljruril ,il;;the 1;;L;;; wiin tr'e requirement of ciause 5 of the order :;";t""4;;;.;;ent of India, bearing No S-o'882 (E)' '1ated in r*" (02) weeks from t},e date of rt:r:eipt :'" X; #;;";it ;i."""J".; ih;^;;;"t' If such applications are made vathin "'"; : -"-";l;"lated above, the iompetent au thoritl' shall ;; -' .;XL"Ti ;i:.:':'i',;,;';*:-::1^:if T:'.'*;'-.l"iLff Certifrcate of Reglstrauon weeks thereafter' 12. It is made clear that the competent authority is samples in compliance of Part-C rrf the .iil,f.i',. ".U""i and test ihe compatibilitv 'rr the ;ilil;irt.oa.zoit p..a.o"--".*tg the parameters to be marketed 2 as bio- nutrients. before grantrng t].e provisional CerLilir::tte of It is t the public interest to ensure t hat a i;;=i;;.". ,.-,it""i'i.' t. produced and marketed as a bio-nu trient 'i!le i; 't'43,r* 'r i ,7 3 wi.th, the object of helping the farmer to develop high cellulose and resistance power in the plants meets the pararneters to qualify as a bio_nutrient-. The petitioners shall co-operate in drawing tfr" ""-pt.". Urrtit the exercise as directed above, is completed, 'suU.leci of course to petitioners submitting apphcations within the time stipulated above and in iompliance of requirements of Clause 5 of the order dated 23:O2.2OZ f of Uri covernment of India, petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021. However,- it is jways open to the competent authority., to veri$, whether the products manufactured and distributed by the petitioners ar.e in compliance with the- statutory requirements and take action as warranted by law".

4. In terms of the aforestated orders ald for the reasons mentioned therein, this Writ petition is also disposed of. There shall be no order as to costs. l Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/-A.V.S. PRASAD PUTY REGISTRAR ECTION OFFICER The Principal Secreta ry, Asriculture and Co-operati ., Secretariat, State of Telangana at Hyde rabad The Commiss ioner and Director of Agriculture, State of Tela ngana, opp L. B.Stadium Basheerbagh, Hydera bad, Telangana State. Two CCs to GP FOR AGRICULTU RE, High Court for the State of Telangana at Hyderabad. [OUT One CC.to SMT B V.APARNA LAKSHMt, Advocate IOPUCI 4 5 Two CD Copies To 1 2 a s A BS W .) ( o!a ti-iE s la 6 1 6 JUr 2025 * S- t' i, :,tJCi ll:9 * HIGH COURT DATED:0410712025 ORDER WP.No.19130 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 1 1 7