G' Veerabhadra Rao v. '1 . The State of Telangana

Petition under Article 226 of the Constitution of India 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 lVlandamus, declaring the action of the 2nd Respondent in interfering with manufacturing,saleanddistributionofbio-products/bio-stimulantsofpetitioner. Firm, viz., Rock Star, Bharath Number One' New Star' Digital' Bharath Gold' Warrior, SV-Active, Brahammos, Rakshak-SP' Kuber' Junction' Sharp' Perfect' Race, Dheeraj, Quick Life, Varun, Hi Speed (GR)' Double Punche' Viraai' Vighnesh, Current, Rebel 444, Runner, Dragon-999' Super Booster' Nitrogen' Bharath Power, Bharath Exo Dose, Commander' Bals-89(GR)' Stranger (GR)' Terminator.Sg,sivaBhhdhra-TroubleShooterandBharathCure,whichcontains Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered underthelnsecticidesAct,lg6sandnotincludedinSchedule-VloftheFertilizers Control (Order) Act, '1985, by issuing Memo No' PP'll(1)2085/ 2005'dated *7 -. t , 21l01l2ooi and Letter No. pp.il(1)2085/2005, dated 21fi1r2006,and in the absence of notification prescribing the standards in Schedule,-Vl, as being ilregar, arbitrary, uncon stitutio na l, and direct the 2nd respondent noi to interfere within any manner in selling and distribution of bio-products/ bio_ s;timulants including from the licensed premises of the dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985. lA 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 rnay be preased to direct the 2nd respondent not to interfere with manufacturing, sare and distribution of bio-prod ucts/b io-stim u la nts of petitioner-Firm, viz., Rock Star. Bharath Number one. New star, Digitar, Bharath Gord, warrior, sV-Active, Brahammos, Rakshak- SP, Kuber, Junction, Sharp, perfect, Race, Dheeraj, euick Li.le. Varun, Hi Speed (GR), Double Punche, Viraaj, Vighnesh, current. Reber 444, Runner, Dragon- 999,Super Booster, Nitrogen, Bharath power, Bharath Exo Dose, commander, Bals-89(GR), Stranger (GR), Terminator-89, siva Bhadhra-T rouble shooter & Bharath cure, which contains Anti rranspirants, Fressmud, chitine and Egg she and are also not covered under the lnsecticides Act, 1968 and not incruded in Schedule-Viof the Fertirizers contror (order) Act, 1985, incruding from the licensed premises of the dearers, stockists, under the rnsecticides Act, 196g and the Fertilizers contror (order) Act, 19g5, pending disposar c,f the above writ petition. Counsel for the Petitioner : SRI B.V.APARNA LAKSHMI Counsel for the Respondents: Gp FOR AGRICULTURE The Court made the following: ORDER -Fr'_ ..rt ,z 1, ..:7 ' ,) i I 1 I I I I I I ! I t t I I I I I THE HONOURABLE SMT WSTICE T.MADHAVI DEVI UTRIT PETITION No. 19864 0F 2025 ORDER: This Writ Petition is liled for the following relief:- direction more "...to issue a Writ, order or of Mandamus, particularly one in the nature of Writ declaring the action of the 2"d respondent in interfering with manufacturing, sale and distribution of bio- products/bio-stimulants of petitioner hrm' viz' ' Rock Starm Bharath Number one, New Star' Digital' Bharath GoId, Warrior, SV-Active, Brahammos' Rakshak-SP' Kuber, Junction, Sharp, Perfect, Race' Dheeraj' Quick life' Varun, Hi Speed (GR), Double Punche' Viraaj ' Vighnesh' Current, Rebel 444, Runner, Dragon-999' Super Booster' Nitrogen, Bharath Power, Bharath Exo Dose' Commalder' Bals-89(GR), Stranger (GR), Terminator-89' Siva Bhadhra- Trouble Shooter & Bharath Cure' which contains Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act' 1968 and not included in Schedule-Vl of tlle Fertilizers Control (Order) Act, 1985, by issuing Memo No'PP'II(1)2085/2005' dated 2l.0l.2006 and letter No PP II(1)2085/2005' dated 2l.Ol.2006, and in the absence of notihcation prescribing the standards in Schedule-Vl, as being iJlegal' arbitrary' unconstitutional, and direct the 2"d respondent not to interfere within aly manner in selling and distributron of bio-products/bio-stimulants including from the licensed premises of the dealers/ stockists under the Insectrcides Act, 1968 and the Fertilizers Control (Order) Act' 1985'" 2

2. Heard learned counsel for the petitioner ilnd learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material availabk: on record.

3. It is submitted by the learned counsel for the petitioner that the subject matter of this u,rit petition is squarelv covered by the common order of this Oourt dated 1O.O7.2015 in W.p.No.25293 of 2Ot4 and batch, as modified by the Division Bench of this Court in W.A.Nos 1122 and 1136 of 2016, dated r13.11.2016. Further, this Court, while disposing of W.p.No.,Ig of 2O2l and batch vide common order dat'ed OZ.OT.2O21. held as "I1. In view thereof, the Writ petitions are disposed of, granting liberty to the petitioners to ma_ke applicalions in compliance with the requirement of Clause 5 of l1.e order ot the Government of India, bearing No.S.O.gg2 (lf) dated 23.O3.2027, within two (02) weeks irom the date iri receipt of copy of this order. If such applications are macb within the time stipulated above, the iompetent authotibv shall process the same and if satisfied, to issue pr,:visional Certihcate of Registration in Form G_3, wrthrn lbur (4) weeks thereaJter. L2. It is made clear that the competent authcrity is entitled to collect samples in compliance of part_ Ct ot the order dated 23.O2.2O2I and test the compatibility of the products meeting ttre par.ameters to be maiketed !i as bio_ nutrients, before granting the provisional Certillcate of t<egrstration. It is in the public interest to ensure that a product to be produced and marketed as a bio_ntiirlent i I i : 3 . ^the Until with the object of helping the farmer to develop high ."l1rlo"" ali resistalce power in the plants meets the .rarameters to qualify as a bio-nutrient' The petitioners exercise Ifr'"rl'"I-"o"*,"it air*it g the samples ." -ait."t a above, is completed' subject .of course to .r"tifioners submitting applications within the time ,.a "i', compliance of requirements of :ffii;; "u"".-- th" o.d., dated 23 O2'2O21 of the Government 6i1""" G of India, petitioners are entitled to malufacture and "f i" -orrt"-pt't"d by clause 4 of the order dated ;i";il; )i.oi.i6:zt. uo*"rr"i, it is alwavs open to the competent tlti ptoducts manufactured ;;;;;;" u.J-ai"t lt"t"a by the petitioners are in compliance with ra.V reqriirements and take action as warralted G. "i"t by law". In terms of the a-forestated orders ald for the reasons 4. mentioned therein, this Writ Petition is also disposed of' There shall be no order as to costs' *r'*'"t -"Ltitr' Pending miscellaneous appllcations' if any' shall stald closed. //TRUE COPY// SD/.V.HARI PRASAD DEPUTY REGISTRAR SECTI N OFFICER To, 1 The Principal Secretary, Agriculture and Co-operation Dept'' Secretariat'State of Telangdna, HYderabad. 2 3 4 ioig h, H vd e ra b-ad, Te I a ns a n a sta te' TheCommissionerandDirectorofAgriculture'State^ofTe|angana,opp. i I bl siri iii ti,, rj tn One CC to B.V.APARNA LAKSHMI, Advocate' IOPUC] Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana' " "

5. Two CD CoPies. BSK HIGH COURT DATED:10107t2025 ) t oR ihE S rJo 1 6 Jrr 2025 J:,z a, --.. t:?l Jr ORDER WP.No.19864 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS