The High Court · 2025
Case Details
Acts & Sections
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 lVlandamus, declaring the action of the 2nd Respondent in interfering with manufacturing, sale and distribution of bio-products/bio- stimulants of petitioner- Firm, viz., Vedic PLUS, Sanjivani PLUS, Shakti, Ved Energy, Root Recharge, Plant Recharge, Fungi Fighter, Nay Nirmana, Grow Up, Vedamruth Chilli Special, Panchmruth Natural, Rishi Kripa, Neem Max, Ved power, plant Booster, Cotax Special, Fine, Vara Laxmi, Bless, Ved Ashirvad, Bakti, Nutri, Raksha, Urja, pest Control, Crop Booster, Soil Booster, Gold Drop, Krishi Amruth, Bhu Shuddi, Natural Nutri, Chilli Amrut, Tap Shakti Khao, Super Grow, Narayana Mix Oil, Agro Max, Kisan Pro, Keet Kaat, Crop Guard, Turmi Guard and Cane Master, 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 21-01-2006 and 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, uncon 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 d ealers/stockists under the lnsecticides Act, '1968 and the Fertilizers Control(Order) Act, 1 985. I.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 2nd respondent not to interfere with manufacturing, sale and distribution of bio-products/ bio-stimulants of petitione r-Firm, viz., Vedic PLUS, Sanjivani PLUS, Shakti, Ved Energy, Root Recharge, Plant Recharge, Fungi Fighter, Nav Nirmana, Grow Up, Vedamruth Chilli Special, Panchmruth Natural, Rishi Kripa, Neem Max, Ved Power, Plant Booster, Cotax Special, Fine, Vara Laxmi, Bless, Ved Ashirvad, Bakti, Nutri, Raksha, Urja, Pest Control, Crop Booster. Soil Booster, Gold Drop, Krishi Amruth, Bhu Shuddi, Natural Nutri, Chilli Amrut, Tap Shakti Khao, Super Grow, Narayana Mix Oil, Agro Max, Kisan Pro, Keet Kaat, Crop Guard, Turmi Guard and Cane ft/aster, 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, 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 : M/s B.V.APARNA LAKSHMI Counsel for the Respondents : GP FOR AGRICULTURE The Court made the following ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.23668 0F 202s ORDER This Writ Petition is filed for the following reliet_ " ....-.to issue a Writ, Order or Direction, more particularly, one in the nahrre of Writ of Mandamus, declaring rhe action of the 2"d llespondent in interfering with manu,facturing, sale antl distribution of bio-products/bio-stimulants of petitioner- Firm, viz., Vedic+, Sunjivani!, Shakti, Ved Energlt, Root Recharge, plant Recharge, Fungi Fighter, Nav Nirmana, Grow Up, Vetlamruth Chilli Speciat, Panchmnth Natural, Rishi Kripa, Neem Max, Ved power, plant Roo.tter, Cotax Special, Fine, Vara Larmi, Bless, Ved Ashirvad, Bakti, Ntrh'i, Raksha, Urja, Pest Control, Crop Boosler, Soil Booster, Gold Drop, Krishi Amruth, Bhu Shuddi, Natural Nutri, Chitli Amrut, .l.ap Shakti Khao, Super Grow, Narayana Mix Oit, Agro Mar, Kisan pro, Keet Kaat, Crop Guard, Turmi Guard & Cane Master, which contains lnti Transpirants, Pressmud, Chitine, Egg Shelt and plant essential oils, and are also not covered under the In.recticides Act, l96g and not inclttded in Schedule-Vl of the Fertilizers Control (Ortler) Act, t9g5, by issuing Memo No.pp.I(t)20g5/2005,clated 2l _0t _2006 and Leuer No.PPI(l)2085/2005, dated 2t-01-2006,and in the ab.sence of notification prescribing the slandards in Schedule_|4, as being illegal, arbitrary, unconstitutional, and direct the 2d 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 Insecticides Act, l96g and the Fertilizers Control(Order) Act, 1985 and pass such... "
2. Heard Sri B.V.Apama Lakshmi, leamed counsel for the petitioner and leamed Government pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record. I I w\ '-::..:. .. ,
3. It is submitted by the leamed 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 2074 and batch, as modified by the Division Bench of this Court in W.A.Nos.1122 and 1 136 of 20 1 6, dated 03. 1 1 .20 16. Further, this Court, while disposing of W.P.No.48 of 2021 and batch vlde common order dated
07.09.2021, held as under "l t. ln viev' thcrcctf, the l|/rit Petitions are dispttscd of, granling liberty to the petitioners to make opplications in compliance with the requiremenl of Clause 5 of the order oJ' the Governtnent of India, bearing No-9.O.582 (E), dated 23.03.2021, withitr two (02) weeks from the dute of receipt of copy of this order. If such apltlications are made within lhc tine slipulated above, lhe comPetent authority shrtll pt'ocess lhe .sanrc antl if srttis/ied, to issue provisional Certifcatc of Registtetiotl in Form G-3, withinfour (4) weeks thereafter-
12. It is made cleur that the competent authority is entitled to collect samples in compliance ofPart-C of the order date'd 23.02.2021 und test the compalibility of the products meeling the parameters to be markeled 2 as bio-nutrienls, before granting the provisional Certificate oJ Regislration. It is in the public interesl to ensure that a product to be produced and marketed as a bio-nulrient v'tth the object oJ-helping the farmer to develop high cellulose and resistance power in the plants nxeets the paramelers lo qualify as a bio-nutrient. The -E*.FEZ '- .:" 'i'" / ,{ petitioners shall co-operate in drawing the samples. (Intil the exercise as directed above, is completed, subject of course to pelitioners submitting applications within the time stipulated above and in compliance of requirements of Chuse 5 of the order datecl 23.02.202 t of the Government of India, petitioners are entitled to ma ufacture and distrihute as contemplated by Clause 4 of the order dated 23.02.2021. However, it is always open lo tlrc compefe authority to verifu whether the products manufactttred and distributerl by the petitioners are in compliance with the statutory requit.ements and take lctio as warranted by law".
4. In tenns of the aforestated orders and for the reasons mentioned therein, this S/rit 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. //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR 'At" O}POFFICER SECTI To SA BS
1. The Principal Secretary, Agriculture and Co-operation Dept., Secretariat, State of Telangana at Hyderabad.
2. The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State.
3. Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana at Hyderabad. [OUT]
4. One CC to M/s B.V.APARNA LAKSHIMI, Advocate [OPUC] 5. Two CD Copies Brr j a I I I HIGH COURT DATED:1 210812025 t c i ")'1 2 '+ i::=:=i::. 1r THE l; rr, ,€ ,tr 0 AU6 2025 i(-) -\ -l= o i S.r r ) r.i i,.r ^. ORDER WP.No.23668 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 3A-f$'r a' . r.l