High Court · 2025

Petition under Article 226 of 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 b io-prod ucts/bio- stimulants of petitioner- Company, viz., [VIagic Booster, Nutri Power plus plus , Rene Star, Nine Harvest, Annapurna Plus, Ferto Green, Phosporich, Protamine-K, Chamak-9. Zen Plus. S. Power, Sundaram, Sarvottam plus,plus, Three Star Plus, Futura, ASR-'1 'l 1. Pancham Shakti, Maha Fast, 3D-Plus and Rene Strong, which contains Anti Transpirants, Pressmud, Chitine, Egg Shell and Plant essential oils, 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 2110112006and Letter No. PP.ll(1)208512005, dated 21-O1-2006,and in the absence of notification prescribing the standards in Schedule-Vl, as being *ffi- j: ,: t / illegal, arbitrary, u ncon stitutiona l, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-products/ bio- stimulants including from the Iicensed premises of the dea le rs/stockists under the lnsecticides Act, '1968 and the Fertilizers Control(Order) Act, 19g5. lA NO: 1 OF 2025 Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the 2ndrespondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimula nts of petitioner-company, viz., I\rlagic Booster, Nutri Powerplusplus, Rene Star, Nine Harvest, Annapurna plus, Ferto Green, Phosporich, Protamine-K, Chamak-9, Zen plus, S. power, Sundarain, sarvottamplusplus, Three star prus, Futura, ASR-'r 1i, pancham shakti, tVraha Fast, 3D-Plus and Rene Strong, which contarns Anti rranspirants, pressmud, chitine, Egg shell and plant essential oils, and are also not covered under the Insecticides Act, '1968 and not included in schedule-Viof the Fertilizers control (order) Act, 1985, including from the Iicensed premises of the dealers, stockists. under the lnsecticides Act, ',l96g and the Fertilizers contror (order) Act, 19g5, 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 -* .r{i*:':Er!!itlryz ;&,- { ---.-7 .:: .r .-- / : llr.:.lt!r THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No .23331 0F 2()25 ORDER This Writ Petition is hled for the foliowing relief:- ',.....to issue a Writ, orcler or direction more partianlarlg one' in the nature of WRIT OF MANDAMruS declaing the octiott of the 2"d respondent 2nd Respondent in itterfeing tuith ntanufactuing sale ancl distibution of bio-products/ bio sttmulants of pgtitioner Compang uiz Magic Booster, Nutn Pouer++, Rene Star, Nine Haruest' Annapurna Plus Ferto Creen, Phosponch, Protamine'K' Chamak 9' Zen Pltts S Power, Sund.ararn, Soruottc.m++, Three Star Plus' Futuro' ASR-7II' Panchann ShcLkti, Mahd Fqst, 3D-Ptus qnd Rene Strong' uhich corttcLins Anti Trqnspira ts, Pressmucl, Chitine, Egg Shell and Plant essential oils and are cilso not couered under the Insecticides Act 1968 ond not included in Schedule-W of the Fertilizers Control Order Act 1985 bA issuing Memo No PP I(1)2085/2OOS dated 21 01 2006 and l-etter No PP (1)2085/20O5 dated 21-01-2006 and in the absence of notification prescibing the stc:nd6.rds in Schedule VI tts being' ittegal arbitrary, unconstitutional and. direct tlle 2nd respondent not to interfere uithin ang manner tn selling and distibution of bio-products/ bio stimulorrts including from the licensed premises of the dealers/ stocktsts under the Insecticides Act 1968 and the Fertilizers Control Order Act and Pass-... "

2. Heard learned counsel for ttre petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record' I t !-\''' ' -=;-'"5i:!r..1Fna ...," . -'..-'ri . \- i 2 TMD,I wp 23331-2025 \

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 1O.07.2015 in W.P.No.25293 of 2Ol4 and batch, as modified by the Division Bench of this Court in W.A.Nos. ll22 and. 1 136 of 2016, dated

03.1 1.20 16. Further, this Court, while disposing of W.p.No.48 of 2021 and batch uide cor,:rnon order dated 07 .O9.2O2I, ]neld as under: "11. In uieu thereof, the Wit Petitiols are disposed of, grqtlting libertg to tlte petitioners to make applicatrotts in contplianrce with the requirement of Clause 5 of the order of the Gouemment of India, beaing No.5.O.882 (E), dated 23.O3.2O21, uithin two (O2) weeks from tLLe date of receipt of copg of this order. If such applications are made lrithin the time stipulated qboue, the conLpetent qufiLoitg shall prccess the same attd if satisfied, to issue prouisional Certificete of Regtstrcltiot'L itl Fonn G-3, Luithin four (4) L,eeks thereafter.

12. It is made cleqr that the competent authoitV is entittecl to collect samples in compliance of pan-C of the order dated 23.02.2021 ond test the compatibitity of the products meettng the, perameters to be mqrketed 2 as bio nutients, before granting the prouisional Ceftificate of Registration. It is in the public itterest to ensure that a product to be produced and marketed a.s a bio-nutient LULth the object of helpvtg the fanner to deuelop htgh cellulose and reslstqnce power in the plqnts meets the parameters to quahfg a_s a bio-nutnent. The petttioners sLmll \ co-opercrte in drawing the samples. Until the exercise as d[rectecl 'oboue, is completed, subject of course to petitioners sltbmittitlg TMD,I wP_23331_2025 dpplications uithin the time stipuloted aboue and in compliance of requirements of Clause 5 of the order dctted 23'02'2021 of the Gouemment of India, petitioners ate entitled to manufacture' and distibute os cofttemplated bg Clause 4 of the order dated 23 O2'2O21' Hotueuer, it is aluaAs open to the competent authoitq to uerifg whether the products maiufactured arud distnbuted bi the petitioners are in compliance uith the stcltutory requiements qnd take action as uatanted bA Law"-

4. In terms of the aforestated orders ald for the reasons mentioned therein, this Writ Petition 1S 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 DEPUTY REGISTRAR //TRUE COPY// secrroL*rrcen To, 1 z 3 4 5 The Principal Secretary, Agriculture and Co-operation Dept., Secretariat, State of Telangana, Hyderabad The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State One CC to M/s.B.V.APARNA LAKSHMI, Advocate. tOPUCI Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana Two CD Copies. I W BSK BS I i l I I i I I I I J I I I I l I , i t l HIGH COURT DATED:0710812025 / ( i4 /s il al l. \.:r .1, 1r ru8 m6 ^aIir,z T. \.r. , J/ 6(' L, ,4 ORDER WP.No.23331 of 20Zs DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 tA