High Court · 2025

Petition 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 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-prod ucts/bio- stimulants of petitioner- Firm, viz., Well Grow, Grace, Aminoyis, Dust Proclaim, Gun Shot, Polo Mix, Fungistar, Virus-P. Azent, Control, Codan. Bumper. Royal King, Lion, Supreem, All Clear, Castodya, Nutriant, Taigon, Patera, Brand, P-Cott, Vajram, Plantamycin, Bloom Flower, Grow Smart and Well Growth, 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('1)2085/ 2005,dated 21-01-20O6and Letter No. PP.ll(1)2085/2005, dated 21-01-2006,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 dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, 19B5 JI lA NO: 'f OF 2025 Petition under Se:tion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2ndresp<>ndent not to interfere with manufacturing, sale and distribution of bio-p rod uc ts/b io-stimu lants of petitioner-Firm, viz., Well Grow, Grace, Aminoyis, Dust, Proclair t, Gun Shot, Polo [Vlix, Fungistar, Virus-P, Azent, Control, Codan, Bumper, Royal lling, Lion, Supreem, All Clear, Castodya, Nutriant, Taigon, Patera, Brand, P-Cott, '/ajram, Plantamycin, Bloom Flower, Grow Smart & Well Growth, which contains Anti Transpirants, Pressmud, Chitine anrl Egg Shell and are also not covered under the lnsecticides Act, 1968 and not included in Schedule-Viof the Fertili;rers Control (Order) Act, 1985, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 1968 and the Fertilizers Control (ordert 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 i!- i THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION No. 19452 OF 2025 oRDER: This Writ Petition is hled for the following relief:- "... to issue a Writ, order or direction more particularly one in ttte nature of Writ of Mandamus, declaring the action of the 2'd respondent in interfering with malufacturing, sale ald distribution of bio- oroducts/bio-stimulants of peLitioner firrn, viz., Well Grow, tirace, Aminoyis, Dust' Proclaint, Gun Shot, Polo Mix, Fungistar, Virus-P, Azent, Control, Codan, Bumper, Royal King, Lion, Suprem, AII Cler, Castodya, Nutriant, Taigon, Patera, Brand, P-Cott, Vajram, Plantamyin, Bloom Flower, Grow Smart & WeIl Growth, which contains Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered r;nder the Insecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control (Order) Act, 1985, by issuing Memo No.PP.II(1)2085/2005, dated 21.O7.2006 and letter No.PP.II(1)2085/2005, dated 21.01.2006, and in tlle absence of notifrcation prescribing the standards in Schedule-Vl, as being illegal, arbitrary, unconstitutional, and direct the 2"d respondent not to interfere within any manner in selling and distribuLion of bio-products/bio-stimulants including from the licensed oremises of the dealers/ stockists under the Insecticides ict, 1968 and the Fertilizers Control (Order) Act, 1985."

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 It is submitted by ttre learned counsel for the 3. petitioner that the subject matter of this writ petition is squa-rely covered by tlle common order of this Court dated -\ ,/ 2

10.07.2015 in W.P.No.25293 of 2Ol4 and batch, AS modified bi. the Division Bench of this Court in W.A.Nos.1122 and 1136 of 2016, dated 03.11.2016 Further, this; Court, while disposing of W.P.No.,48 of 2O2l and batch vLde common order dated O7.O9.2O2),1, held as under: " 1 1. In view ttrereof, the Writ Petitions are disposed of, gra-nting [berty to t]re petitioners to make applica.tions in compliarrce with the requirement of Clause 5 of the order of the G,rvernment of India, bearing No.S.O.882 (E), dated 23.O3.2Cj21, within two (02) weeks from the date of receipt of copy of this order. If such applicalions are made wittrin the time stipulated a,bove, ttre competent authority shall process the same ald if satisfied, to issue prcrvisional Certifica:e of Registration in Form G-3, within four (4) weeks th ereafter.,

12. It is made clear that the competent auttrority is entitled :o collect samples in compliance of Part-C of the order dated 23.02.2027 and test the compatibiliby of the products meeting t1"e parameters to be marketed 2 as bio- nutrient:;, before granting tl.e provisional Certificate 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 t.lle farmer to develop high cellulose and resistance power in the plalts meets the paramet(:rs to qua-tify as a bio-nutrient. The petitioners shall co-,;perate rn drawing the samples. Until the ,:xercise as direcied above, is completed, subject of course to petitione:s submitting applications within the time stipulate 1 above and in compliance of requirements of Clause 5 of the order daLed 23.O2.2O21 of the Government of India. petitioners are entitled to manufacture and distribut,: as contemplated by Clause 4 of the orderr dated 23.02.2021. However, it is always open to the competent authorig to verify whether the products manufactured and distributed by the petitioners are in compliance with the statu tory requirements and take action as warranted by law' . ,. t,, - 4.. ..:..:!;.r :iI 3

4. In terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs Pending miscellaneous applications, if any, shall stand closed To, //TRUE COPY// SD/-P. PONNA KRISHNA STANT REGIST SECTION OFFICER I 1 The Principal Secretary, Agricultr,rre and Co-opera Hyderabad. Dept., Secretariat, 2 J 4 5 KKS BS The Commissioner and Direpor of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabbd, Telangana State. One CC to M/s. B V APARNA LAKSHMT Advocate IOPUCI iwo CCs to GP FOR AGRICULTURE ,High Court for the State of Telangana Two CD Copies W ,s HIGH COURT DATED:0810712025 : rtLr \- 5l+ :r a ( 1ii JUI TM ( I = -,,ATCH S" o O o * ORDER WP.No.19452 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS 1 )\ 1