One CC to Smt. B v. Afarna Lakshmi

.ltf/p D^alum Life sciences LLp, Rep by its partner, smt. vasanthi Devanand Wo. G.R Svamasundar neoov, ageo'+3rd;; -Ci.: n.ru":?+iir, "siin1# Nagsr Cotony,.Narsapul rr/andat, Meox otirrci _'so'i ers. i.irng;nl' St"i; t-actory and office at . ptot No .87, Shed TtF N4SME Green; Ina;si;i;i Fa;i-tF: Dandu Markapur. choutrropar wtahoar, vaoaJiirii,-r,znrgiii oiitri"t:soa )s), Telangana Stite. AND ...PETITIONER

1. 2 The State of Telangana, Rgp,.by its principal Secretary, Agriculture and Co_ operation Dept., Secretariat. Hyaerabad. The Commissioner and Director of Agrrculture, State of Telangana, Opp. L. B Stadium, Basheerbagh, uyaerauio, lef i"'gi;,;"si"t". ...RESPONDENTS 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 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- Firm, viz., Vijaya-Ketana, Tharaka-Manthra, Agni_Chakra, Veda_Sutra, Gandiva, Pinaka,Saranga, Capsicon, Capsi pro, Capsi Care, Capsi Cure, Glypho Care, Glypho Cure, Sasya Sanjeevani, Sasya Vriddhini, Nanomin, Sasya poshini, Sasya Rakshini, Nanozin ' Nanocop and Nanosir, which contains Anti rranspirants, Pressmud, chitine, Egg shell and plant essential oils, and are also not covered under the lnsecticides Act, 1968 and not incruded in schedule-Vr of the Fertirizers control (order) Act, 'r985, by issuing Memo No. pp.fi(1)2o}st 2005,dated 2.r-01- .ffir ,f 2006 and Letter'No. PP.ll(1)208512005, dated 21-01-2006,and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal, arbitrary, unconstitution a l, 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, 1985 lA NO: 1 OF 2025 Petition under Section '15'1 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 2nd respondent not to interfere with manufacturing, sale and distribution of bio- prod ucts/b io-stimu lants of petitioner-Firm, viz., Vi.jaya-Ketana, Tharaka-Manth ra, Agni-Chakra, Veda-Sutra, Gandiva, Pinaka, Saranga, Capsicon, Capsi Pro, Capsi Care, Capsi Cure, Glypho Care, Glypho Cure, Sasya Sanjeevani, Sasya Vriddhini, Nanomin, Sasya Poshini, Sasya Rakshini, Nanozin, Nanocop & Nanosil, which contains Anti Transpirants, Pressmud, Chitine, Egg Shell and Plant essential oils, and are also not co'rered 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. Counsel for the Petitioner: SMT. B V APARNA LAKSHMI Counsel forthe Respondents: GP FOR AGRICULTURE The Court made the following: ORDER t. I THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.2333O OF 2o25 ORDER: This Writ Petition is hled for the following relief:- "......to issue a Wit, order or ciirection more partianlarlg one in the nature of WRIT OF MANDAMUS declaing tlrc action of the 2nd Respondent in interfeing with manufactuing sole and distibution of bio products/ Qio stimulqnts of petitioner Firm uiz., Vijaga-Ketana, TharakaManthra, Agni-Chakra, Veda-Sutra, Gandiua, knaka, Saranga, Capsicott, Capsi Pro, Capsi Care, Capsi Cure, Glgpho Care, Glgpho Cure, Sasga Sanjeeuani, So-sga Viddhini, Nanomin, Sasga Poshini, So-sga Rakshini, Na nozin, Nanocop qnd NcLnosil, which contains Anti Transpirants, Pressmud, Chitine, Egg Shett qnd Ptqnt essential otls and are o,lso not couered under the Insecticides Act 1968 and not lncluded in Schedule-Vl of the Fertitizers Control Order Act 1985, bg issuing Memo No PPI\1)2085/ 2005 dqted 21-O1-2006 an<l Letter No PPu(1)2O85/2OOS dated 21 01 2OO6 and in the absence of nofification prescibing the statldards in Schedule-Vl as being iltegal qrbitrqry, utlconstitutional qnd direct the 2nd respondent not to interfere uithin ang manner in selling and distibution of bio-products,/ bio stimulants includtng from the licensed premises of the dealers/ stockists under the Insecticides Act 1968 and the Fertitizers Control Order Act 1985 and pass....."

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 2 TMD,] wp-23330 2025

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 10.07.2015 in W.P.No.25293 of 2Ol4 and batch, as modifred by the Division Bench of this Court in W.A.Nos. 1 122 and 1 136 of 2016, dated

03. 1 1.2016. Further, this Court, while disposing of W.P No'48 of 2O2l and batch uide cornroon order dated 07 .O9 -2021, held as under: "11. In uiew thereof, th.e Wit Petitiotls are di.sposed of, granting liberTA to the petitioners to make applications in complnntce uith the requirement of Clause 5 of the order of the Gouenrmeftt of India' beaing No.5.0.882 (E), dated 23.O3.2O21, txithin ttoo (02) ueeks from the date of recejpt of copA of this order' If such qppticatiorls are ntade within the time sti)ulated above, the conpetet authoitA shall process the same ancl if satisfied, to issue prouisional CeftLficate of Registration in Fonn G 3, within four (4) Lueeks thereafier- It is made cleqr thttt the competent quthoritA is entitled to 12. collect samptes in compliance of Part C of the order dqted 23'02'2O21 qnd test the compqtibilitA of tLrc products meeting the- paraneters to be marketed 2 as bio-nutrients, before grqnting the prouisional Certi.ficate of Registration. lt is h the public interest to en-sure thctt a product to be produced and mqrketed as o bio-nutient lDith the object of hetping the farmer to deuelop ttigh cellulose and resistance power rn the plants meets the porometers to qualifg a.s a bio nutrient. The petitioners shaLl - t co-operate in drawing the sctmples. Until the exercise os direzcted aboue, is completed. subject of course to petitioners submilTing I l I 3 TMDJ wp_23330_2025 applications tlithin the time sttpuldted aboue and in compliance of requirements of Clause 5 of the order dqted 23 O2'2O21 of the Gouenunent of lndia, petitioners are entitled to mqnufacture and distibute as contemplated bg Clause 4 of the order ddted 23 O2'2O21' Houeuer, it is alutags open to the comPetent ctuthoitg to ueifA whether the products manufactured and distibuted bg the petitioners are in compliance Luith the statutory requirements and take action as wanranted bg laLU". In terms of the aforestated orders and for the reasons 4. mentioned therein, this Writ Petition is also disposed of' There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. SD/-A.V.S. PRASAD DEPUW REGISTRAR //TRUE COPY// .]f-s' SECTION dFFICER To,

1. The Principal Secretary, Agriculture and Co-operation Dept., Secretariat, The State of Telangana, Hyderabad-

2. The Commissi-oner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State 3. One CC to Smt. B. V. Afarna Lakshmi, Advocate [OPUC] 4. Two CCs to GP for Agriculture, High Court for the State of Telangana, at Hyderabad [OUT]

5. Two CD Copies TJ BS ry- HIGH COURT l DATED:0710812025 ORDER WP.No.23330 of 2025 a, -: t t 1l rlJE il[s a Spat cliE c ,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS A