High Court · 2025

.....RESPONDENTS Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction, more particurarry, one in the nature of writ of Mandamus, decraring the action of the 2nd Respondent in interfering with manufacturing, sare and distribution of bio-prod ucts/bio- stimurants of petitioner_ Company, viz., V-Cot, Jacky, Sampurna, En_zyme, Superzyme, Suraksha, Ambassador, star Gord, crop Guard, Raize, Gritter, Ema-Benzo, Fritox prus, Twist XL, Coton King, plant Booster, Smash Out, Fertigrow, Revolte plus, Rhizo Booster, Super Salar, Glory-Sp, Chetak_500, Daimond_XL, Kiwi, Dr. Neem, Nutri Flow, Florescence, Mite-Rid, Gib pro, Sarpanch, Hopper, Zyme Gold, Rise_up,3_ Star, 7-Star, Fe(ile, 4G Advanced, Strok, Jawan, Super Flower and Bloom Flower, which contains Anti rranspirants, pressrnud, chitine and Egg Shefl and are also not covered under the lnsecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control (Orde0 Act, 1985, by issuing Memo No' PP'll(1)2085/2005'dated21-01-2006andLetterNo.PP.ll(1)2085/2005'dated21- 01-2006,and in the absence of notification prescribing the standards in schedule- Vl, as being illegal, arbitrary, u ncon stitutional, 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/stocklsts under the lnsecticides Act, 1968 and 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-stimulants of petitioner-Company' viz, V-Cot' Jacky' Sampurna, En-zyme, Super4yme' Suraksha, Ambassador, Star Gold' Crop Guard, Raize, Glitter, Ema-Benzo. Flitox Plus, Twist XL, Coton King, Plant Boo.ster, Smash out. Fertigrow, Revolte Plus, Rhizo Booster, super salar, Glory- SP, Chetak-50O, Daimond-XL, Kiwi, Dr, Neem, Nutri Flow, Florescence, Mite-Rid' Gib Pro, Sarpanch, Hopper, Zyme Gold, Rise-up' 3-Star, 7-Star, Fertile, 4G Advanced, strok, Jawan, super Flower and Bloom Flower, 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. Couhsel for the Petitioner : SMT B.V.APARNA LAKSHMI Counsel for the Respondents : GP FOR AGRICULTURE The Court made the following ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRrT PETITION No. 19o44 OF 2025 ORDER: This Writ Petition is filed for the following relief:- "... to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of tlle 2"d respondent in interfering with manufacturing, sale and distribution of bio- products/bio-stimulants of petitioner - Comparry, viz., V-Cot, Jacky, Sampurna, E;r,-zr1rne, Super4rme, Suraksha, Ambassador, Star Gold, Crop Guard, Raize, Glitter, Ema- Benzo, Flitox Pius, Twist XL, Coton Kind, Plant Booster, Smash Out, Rerti'grow, Revolte Plus, Rtriz,o Booster, Super Salar, Glory-SP, Chetak-Soo, Daimond-Xl, Kiwi, Dr. Neem, Nutri Flow, Florescence, Mite-Rid, Gib Pro, Sarpanch, Hopper, Zyne Gold,, Rise-up, 3-Star, 7-Star, Fertile, 4G Advanced, Strok, Jawan, Super Flower & Bloom Flower, which contains Anti Tralspirants, Pressmud, Chitine ald Egg Shell and are also not covered under the Insecticides Act, 1968 amd not included in Scheduie-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.II(1)20851 2OO5, dated 21.01.2006 and l.etter No. PP.II(1)2085 /2OO5, dated 21.01.2006, and in tlle absence of notification prescribing the standards in Schedule-Vl as being illegal, arbitrary, unconstitutional, arld direct the 2"d respondent not to interfere within aly manner in selling and distribution of bio-products/ bio- stimulalts including from the licensed premises of the dealers/ stockists under t1:e Insecticides Act, 1968 ald the Fertilizers Control (Order) Act, 1985." 2 \

2. Heard learned counsel for the petitioner ald learned Government Pleader for Agriculture appearing on behaif of the respondents. Perused the material available on record. It is submitted by the learned counsel for the 3. petitioner that the subject matter of this writ petition is squarely covered by the common order of this Court dated rc.07.2o15 in W.P.No.25293 of 2Ol4 arrd batch, as modihed by the Division Bench of this Court in W.A.Nos. 1122 and , 1136 of 2Ot6, dated 03.11.2016. Further, this Court, while disposing of W.p.No.4g of 2O2I and batch vide common order dated 07.09.202 1, held as under: "17. In view thereof, the Writ petitions are disposed of, granting liberty to the petitioners to make applications in compliance with the requirement of Clause S of th" o.d". of tlle Government of india, bearing No.S.O.gg2 (E), dated 23.03.2021, within two (02) weeks irom the date of receipt of copy of this order. If such applications are made within the time stipulated above, the iompetent authority shall process the same and if satisfied, to issue prowisional CerLificate of Registration in Form G_3, within four (4) weeks thereafter. 12. It is made clear tl-rat the competent authority is entitled to collect samples in compliance of part_C of the order dated 23.02.2021 and test the compatibility of the prorft'cts meeting the parameters to be marketed d as bio- nutrients., before granting the provisional Certifrcate of Registration. It is in the public interest to ensure that a 3 I product to be produced and malketed as a bio-nutrient i^.itr tt. objeci of helping the farmer to develop high cellulose and resistance power in the plants meets the parameters to qualify as a bio-nutrient The petitioners lhrJl .o-op..^te rn drawing the samples Until the exercise as directid above, is completed, subject of course to petilioners submitting applications within . the time ^stipulated above and in Compliance of -requirements Clause 5 of tlre order dated 23 -O2'2O21 of the Government of India, petitioners are entitled to mar'ufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021. However, it is always open to the competent o.tay to verifu whether the products manufactured and disiributed by the petitioners are in compliance with "l-,at the gtatutory requirements and take action as warralted bY law". In terms of the aforestated orders and for the reasons

4. mentioned therein, this Writ Petition is also disposed of' There sha-ll be no order as to costs' Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/-A.V.S. PRASAD DEPUTY REGISTRAR SECTION OFFICER To The Principal Secretary, Agriculture and Co-operation Dept'' Secretariat' Siale of Telanqana at Hyderabad ' Tha commissioner and o,,"iioi"ot ng'iculture' Stateif Telangana' Opp' .lb" i,Iljiii,il *j;";;brsh' HvderabLd' relansana state' Two CCs to GP FoR ncnritjr-iuHE' iligh cdurt tor the State of Telangana 8#tf ?n'.t"t'Iloro**oLAKSHMT'AdvocatetoPUCl Two CD CoPies

2. 3 4 5 SA BS ry. HIGH COURT DATED:0410712025 .l o(-) t * THE S 1 6 JUL 2025 * sp;trCH ORDER WP.No.19044 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. n I