M/s. Tapasya Crop Care Private Limited v. 1. The State of Telangana

Petition Under Article 226 ol 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 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- Company, viz., Tejas, All Out, Zip Zap, Solvo, Serum, Toner, OS, Dominator, Sheild X, Pixel. bolt, Garuda X, Go Pro, Flora, Ground Work, Black Gold, Master Plan, Vital Terra, Spectra Kill, Pro Rover, Brown PH, lmpact, Hunter, Yoddha, Neon, Growth Medicine, Root Fighter, Plant Wonder, Mahaveer, Crop Changer, Green World, Rapid Flowering, Magic Flower, Growth Solider, Magic Green, Flowering Doctor, All in One, Green Shakthi, Nice, Nice Plus, King Maker, Bhramastra, Ronaldo, King Star, Lion, Garuda, Rampage, Ultimate, Flexible, Maximus, Army, 7X, 1 lVlan Show, Hunter, Big Fighter, plant Soldier and plant lnsurance, 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 Controt (Order) Act, 1985, by issuing Memo No. PP.ll(1)2085/ 2005,dated 21-01-20O6and Letter No. PP |(j)2085t2005, dated 21- 0-1-2006,and in the absence of notification prescribing the standards in schedule- Vl, as being illegal, arbitrary, u nconstitutional, 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, 19g5. |.A.NO:1 OF 2025 Petition Under section '15 1 cPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Cou( may be pleased to direct the 2ndrespondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimulantJ of petitioner-Company, vaz., Tejas, All Out, Zip Zap, Solvo, Serum, Toner, OS, Dominator, Sheild X, pixel, bolt, Garuda X, Go pro, Flola, Ground Work, Black Gold, Master plan, Vital Terra, Spectra Kill, pro Rover, Brown PH, lmpact, Hunter, Yoddha, Neon, Growth Medicine, Root Fighter, plant Wonder, Mahaveer, Crop Changer, Green World, Raprd Flowering, I\4agic Flower, Growth Solider, Magic Green, Flowering Doctor, All in One, Green Shakthi, Nice, Nice Plus, King Maker, Bhramastra, Ronaldo, King Star, Lion, Garuda, Rampa$e, Ultimate, Flexible, Maximus, Army, 7X, lMan Show, Hunter, Big Fighter, plant soldier and Plant lnsurance, which contains Anti rranspirants, pressmud, chitine and Egg shell and are also not covered under the lnsecticides Act, .l g68 and not included in schedule-Viof the Fertilizers control (order) Act, 19g5, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 196g and the Fertilizers control (order) Act, '1985, pending disposal of the above writ petition. Counsel for the Petitioner : SMT B.V.APARNA LAKSHMI Counsel forthe Respondents: GP FOR AGRICULTURE The Court made the following ORDER f ,, l,/Y THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION No. 19 oo9 0F 2025 ORDER: This Writ Petition is hled for the following relief:- "... to issue a Writ, order or direction more particularly one in the nature of Writ of Marrdamus, declaring the action of the 2.a respondent in interfering with manufacturing, sale arrd distribution of bio- products/bio-sLimulants of petitioner - Company, viz., Tejas, All Out, Zip Zap, Solvo, Serum, Toner, OS, Dominator, Shield X, pixel, bolt, Garuda X, Go pro, F1ora, Ground Work, Black Gold, Master plan, Vita-l Terra, Spectra Kill, Pro ftorr.., ,o* PH, Impact, Hunter, yoddha, Neon Growth Medicine, Root Fighter, plant Wonder, Mahaveer, Crop Changer, Green World, Rapid Flowering, Mahaveer, Crop Changer, Green Wonder, Rapid Flowering, Magic Flower, Growth Soldier, Magic Green, Flowering Decor, A1l in One, Green Shakthi, Nice, Nice plus, King Maker, Bramastra. Ronaldo, King Star, Lion, Garuda, Rampage, Ultimate, Flexible, Maximus, Army, 7X, 1 Man Show, Hunter, Big Fighter, Plant Soldier & plant Insurance, which contains Anti Transpiralts, pressmud, Chitine a,nd Egg Shell ald are also 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)20851 2OO5, dated, 21.O1.2006 and Letter No. PP.il(l)2O85/2O05, dated 21.01.2006, and in the absence of notifrcation prescribing the standards in Schedule-Vl as being illegaJ, arbitrar5z, unconstitutional, and direct t}.e 2"a respondent not to interfere within any m€ulner in selling '.-\\ "*:T I 2 and distribution of bio-products/ bio- stimularts including from the dealers/ stockists under the Insecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985." licensed premises of

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

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 1O.O7.2O15 in W.P.No.25293 of 2Ol4 and batch, as modif,ied by the Division Bench of this Court in W.A.Nos.1122 artd 1136 of 2016, dated 03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2O2l and batch vide common order dated O7.O7.2O2I, held as under: " 1 1. In wiew thereof, t.Ile Writ Petitions are disposed of, granting liberty to t}re petitioners to make applications in compliance with the requirement of Clause 5 of the order of the Government of India, bearing No.S.O.882 (E), dated 23.03.2021, within two (O2) weeks from the date of receipt of copy of this order. If such applications are made within the time stipulated above, the competent authority sha1l process the same and if satisfied, to issue provisional CerLifrcate of Registration in Form G-3, within four (4) weeks thereafter. 3

12. It is made clear that the competent authority is entitled to collect samples in compliarrce of Part-C of the order dated 23.02.2021 and test the compatibility of the products meeting tJle parameters to be marketed 2 as bio- nutrients, before granting the provisronal CerLificate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bio-nutrient with the object of helping the farmer to develop high cellulose and resistance power in the plants meets the pararneters to quatify 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 ald in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Government of India, petitioners are entltled 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 ald distributed by the petltioners are in compliance with the statutory requirements ald take action as warranted by law".

4. In terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition is a,lso disposed of. There shall be no order as to costs Pending miscellaneous applications, if any, shall stald closed //TRUE COPY' SD/-A.V.S. PRASAD EPUTY REGISTRAR SECTION OFFICER To

2. J-

4. 5. The Principal Secretary, Agriculture and Co-opera State of Telangana at Hyderabad. The Commissioner and birector of Agriculture, State of Telangana, Opp. L.B' Stadium, Basheerbagh, Hyderabad, Telangana State. Two CCs to GP FodAGFiICULTURE, High Court for the State of Telangana at Hyderabad. [OUT] One-CC to SMT B.V.APARNA LAKSHl\ll1, Advocate [OPUC] Two CD Copies n Dept., Secretariat, SA BS W HIGH COURT DATED:0410712025 I HToR E <. t4s o o * 1 6 JUL 2m5 z * ORDER WP.No.19009 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 1 t d