High Court · 2025

Judgment

1. The State of Telangana, ReP. operation DePt., Secretariat, H its Principal Secretary, Agriculture and Co- , The Commissioner & Director of Agriculture, State of Telangana' Opp' L. g-.StaO ium, Basheerbagh, Hyderabad, Telangana State' .,.RESPONDENTS

Petition under Article 226 oI 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 lnterfering with manufacturing, sale and distribution of bio-products/bio- stimulants of petitioner- Company, viz., Boss-9009, Katiyar, Zakkas Plus, Efffct Super, Twin Spark' Super Combi+++, Grow Magic, ASR-100, Kalpa Chakra, Sarvo Stick, Super Sonate' CropMark,HighGrow,NutrimineGold,MaxProtonic,Pro.Green,Detox.Super, lrrlaster Plus, Sampurna Gold, Prota-K, Boss-9, Radiant, GLS-909 and Affluence, whichcontainsAntiTranspirants,Pressmud,Chitine,EggShellandPlant 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)2085i2005, dated 21-O1-2006 and Letter No' PP.ll(1)208512005, dated 21_O1_2006, and in the absence of prescribing the standards in Schedule-Vl, as being illegal, unco nstitutiona l, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-products/ bio- stimurants incruding from the licensed premises of the d ea rers/stockists under the rnsecticides Act, 1g6g and lhe Fertilizers Control(Order) Act, .1985. notification arbitrary, lA NO: 1 OF 202s 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, sare and distribution of bio-products/bio-stimurants of petitioner-company, viz., Boss-gOOg, Katiyar, Zakkas Plus, Efffct Super, Twin Spark, Super Combi+++, Grow Magic, ASR_100, Kalpa Chakra, Sarvo Stick, Super Sonate, Crop Mark, High Grow, Nutrimine Gold, [\,ax Protonic, pro-Green, Detox-Super, Master plus, Sampurna Gold, Prota-K, Boss-9, Radiant, GLS-909 & Affluence, which contains Anti Transpirants, Pressmud, chitine, Egg She, and prant essentiar oirs, and are arso not covered under the Insecticides Act, i96g and not incruded in Schedure-Vl of the Fertilizers contror (order) Act, 19g5, incruding from the ricensed premises of the dealers, stockists, under the rnsecticides Act, 1968 and the Fertirizers contror (order) Act, 1985, pending disposal of the above Writ petition. Counsel for the petitioner: Ms. B.V.ApARNA LAKSHMI Counsel for the Respondents: Gp FOR AGRICULTURE The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DE\'I WRIT PETITION No.23659 OF 2025 ORDER: This Writ Petition is filed for the following reliet- "...... to issue a Writ, Order or Direction, more parlicularly, one in the nature of Writ of Mandamus, declaring lhe action of the 2'd Respondent in intedering with manufacturing, sale and distribtttion of bio-products/bio- stimulants of petitioner- Company, viz., Boss -9009' Katiyar, Zakkas Plus, Effit Super, Twin Spark, Super Combi+++, Grow Magic, ASR-100, Kalpa Chakra, Sarvo Stick, Super Sonate, Crop Mark, High Grow, Nutrimine Gold, Max Protonic, Pro-Green, Detox-Super, Master Plus, Sampurna Gold, Prota-K, Boss-9, Radiant, GLS-909 and AflIuence, which contains Anti Transpirants, Pressmud, Chitine, Egg Shell and Planl essential oils, and are also nol covered under the Insecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Contol (Order) Act, i,985, by issuing Memo No. PPJI(l)2085/2005, dated 21-01-2006 and t.etter No. PPJI(1)2085/2005, dated 21-01-2006, and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal' arbitrary, unconstitutional, and direct the 2nd respondent nol lo 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 AcL 1968 and the Fertilizers Control(Order) Act, 1985 and pass such..."

2. Heard learned counsel for the petitioner and learned Govemment Pleader for Agriculture appearing on behalfofthe respondents. Perused the material available on record. 'I

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 2014 and batch, as modified by the Division Bench of this Court in W.A.Nos. I 122 and 1136 of 2016, dated 03.11.2016. Further, this Courr, while disposing of W.P.No.48 of 2021 and batch vide common order dated

07.09.2021, held as under: "l l. In view thereof, the Writ Pelitions are disposed of, granting liberty to the petitioners to make applications in compliance with lhe requirement oJ Clause 5 of the order of the Government of India, bearing No.5.O.882 (E), dated 23.03.2021. within two (02) weetrs from the date of receipt of copy oJ this order. [f such applications are made within the time stipulqted above, the competent authority shall process the same and if satisfied, to issue provisional CertiJicate of Registration in Form G-3, withinfour (4) weeks thereafter.

12. ll is made clear that the competent authority is entitled to collect.samples in compliance of Part-C of the order dated 2 3.02.2021 and test lhe compatibility of the products meeting lhe parameters to be marketed 2 as bio-nutrients, before granting the provisional Certifcate of Registration. It is in the public interesl to ensure that a product to be produced and marketed as a bio-nutrienl with the object of helping the farmer to develop high cellutose and resistance power in lhA bhnts meets the parameters to quatify as a bio-nutrient. The petitioners shall co-operate in drawing the samples. Until the etercise as directed above, is completed, subject of course to petitioners submitting applications wilhin the time stipulated above and in compliance of requirements of Clause 5 of the order dated 23'02'2021 of rhe Government of India, petitioners are entitled to manufacture an(l distribute as contemplated by Clause 4 of the order dated 23.02:2021. However, it is always open to the competent authority to verifi whether lhe products manufactured and distributed by the petitioners are in compliance with the statutory requirements and take action as warranted bY law".

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. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. To, #<w_- SECTIO}{OFFICER 1 The Principal Secr-etary, Agriculture and Co-operation Dept., Secretariat, //TRUE COPY// Hyderabad, State of Telangana. SD/.K. SREE RAMA MURTHY DEPUTY BEGISTRAR

2. The Commissioner, at\d Director of Aqriculture. State of Telanoana onn L.B.Stadium, Basheerbagh, Hyderabad, Telangana State. 3. One CC to Ms. B.V.APARNA LAKSHMI, Advocate tOpUCI 4. Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies BSR BS 8P- HIGH COURT DATED:1210812025 I IFE ST4 ./< O\a t o 20 ruB m6 * t) 6t,r ,.. -t - \\,\- _..// ' - --)' ( ,i ORDER WP.No.23659 of 2025 I I I l l DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (+ cr')c3 b