K P R CROP Sciences Private Limited v. The State of Telangana

Petition under Article 226 oI lhe Con5titution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be direction, particularly one in the nature of Writ of pleased to issue a writ Mandamus declaring the action of the Respondent authorities in interfering with manufacture, sa-le and marketing of Bio products/Bio-Stimulants of Petitioner Company. The Petitioner Company is manufacturing the Bio products/Bio- Stimulantsunder the brand name of 'K P R CROP SCIENCES PRIVATE LIMITED' manufacturing, Distribution, sale and marketing of its Bio products/Bio- Stimulants i.e., Annadata Setright(CN/S), Annadata Set Right(CMS), Apurva Set Right (CMS), Abhaya Set Right (CMS), Godavari Trigold (Soil Conditioner). The 2nd Respondent pursuance of the Memo No.PPl(l)2085/2005 dt. 21-01-2006 and consequential Letter No. PPll (1)2085/2005 dt.21-01-2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles 14' 19 (1) (g), 21 and 300-4 of the Constitution of lndia and consequently direct the respondent authorities not to interfere with the Petitioners' business of manufacture, sale and marketingof its Bio prod ucts/Bio-stimulants under the name and style of 'K P R CROP SCIENCES PRIVATE LIMITED' including from the licensed premises of the Petitioner Company and its deale rs/stockiests in the State of Telanganaunder the lnsecticides Act, 1968 and Fertilizers (Control) Order 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 may be pleased to direct the respondent authorities not to interfere with the petitioner's Company business of manufacture, sale and marketing arid distribution of its Bio products/Bio-Stimulants i.e., Annadata Setright(Ctt/S), Annadata Set Right(CMS), Apurva Set Right (CMS), Abhaya Set Right (CIVS), Godavari Trigold (Soil Conditioner). Under the name and style of 'K P R CROP SCIENCES PRIVATE LIMITED' including from the licensed premises of the Petitioner's Company and its dealers/stockiests in the State of Telanganaunder the lnsecticides Act, '1968 and Fertilizers (Control) Order '1985 pending disposal of the above writ petition. Counsel for the Petitioner: SRI RAVI PRAKASH N Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER '') THE HON'BLE SMT. JUSTICE T. MADHAVI DE\II WRIT PETITION No.24171 OF 2o25 ORDER: This Writ Petition is filed for the following relief:- " . . . . . . to issue a uit or direction, particutarlg one in the nature of Wit of Mandamus declaring the action of the Respondent authorities in interfeing with nanufqcturq sale aruT marketing of Bio products/ Bio- Stimulants of Petitioner Compang. The Petitioner Compang is manufactuing the Bio products/ Bio Stimulants under the brand rutme of 'K P R CROP SCIEI{CES PRMTE LIMITED' tnanufactuing, Distibutton, sale and marketing of its Bir products/ Bio Stimulonts i.e., Annad{iq Setright(CMs), Annadata Set RighL(CMSL Apurua Set Right (CMS) AbhaAo Set Right (CMS), C'odauai Tngod (Sotl Conditioner). The 2nd Respondent pursuance of tle Memo No.PPI(1)2085/ 2005 dt. 21-O1-2006 and consequential Letter No.PP (1)2085/2OOS dt. 21-O1-2006 6rs betng illegal, arbitrary, unconstihttional and uithout jurisdiction and itt utolation of Articles 14, 19 (1) (g), 21 and 3OO-A of the Constitution of lndia and consequentlg direct the respondent authoities not to interfere uith Lhe Petitioners' trusiness of mqnufacturq sale and marketing of its tsio prodtLcts/ Bio- Stimulants under the name and stAle of 'K P R CROP SC,E]VCES PRNATE LIMITED' including from the licensed premises of the Petitioner Compang qnd its dealerslstockiesfs tn the State of Telangana under the Insecticides Act, 1968 and Fertilizers (Control) Order 1985 and pass such... " 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 24t71 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 2014 and batch, as modified by the Division Bench of this Court in W.A.Nos. lI22 and. 1136 of 20 16, dated O3.ll.2016. Further, this Court, while disposing of W.p.No.48 of 2O2l and batch uide comrritorr order dated OZ.O9.2O2I, held as under: "11. In uiew thereof, the Wit petitions are disposed. of, granttng libertg to th.e petitioners to mdke applications in compliance uith the requirement of Clause S of the order of the Gouemment of htclia, beaing No.5.O.882 (E), dated. 23.03.2021, txithin tuo (O2) rteeks from the dqte of receipt of apg of this order. If such applications are made within the time stipulatecl aboue, the competent authoritg shall process the sqme and if satisfted, to issue prouisional CertiJicate of Regtstrqtion in Form G 3, ltithin four (4) taeeks thereafier-

12. It is mqde clear thrTt the competent a thoitA is entitled to collect samples in compliance of part C of the ord.er dqted 23-02.2021 qnd test the compatibititg of the products meeting the parameters to be marketed 2 as bio ruttients, before granting the prouisional Certificate of Registration. It is in the pubric interest to ensure that a product to be produced qnd marketed as atbio,nutient u)ith the object of helping the fanner to deuelop high cellulose and resistance pouer in the plants meets the porameters to qualifg as a bio-nutient. The petttioners shall co-operate tn drawing the sampres- until the exercise as dtrected is completed, subject of course to petitioners submittitLg ,aboue, \ / / 3 TMDJ wP -z4tt 1_2025 applications uithin the time stipulated aboue and in compliance of requirements of Clalse 5 of the order dated 23.02.2021 of the Gouemment of India, petitioners ore, entitled to rnanufacture ancl distnbute as contemplqted bg Clause 4 of the order dated 23.02.2021. Houteuer, it is aluags open to the competent outhoitg to uerifA uhether th.e products manufactured and distibuted bA the petitioners are in compliance with the statutory requirements and tqke action as utarranted bg law".

4. In terms of the aforestated orders arrd 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/.P. PONNA KRISHNA iS6isiei'i'iiidi5rn'qn,/ //TRUE COPY// secr$frorrrcen to'.l The Prl. Secretary, Agriculture Department' Secretariat Buildings' The State ,+L:"1'"lg3l*I'"l-ifi 3b1'9ct9rgt,{sj!!u^rtureGovernmentorrerangana' . gHi [E P;*[H.,! t[n!'rfl,1 idfiiip-'e-f ln?r,,,," or r e, a ns a n a, a t i. Y'iJI 66.io--cp tot Agriculture' Hish Court tor s. Two CD CoPies \d" Hvderabad [OUTI TJ LS HIGH COURT DATE D : 1 810812025 ORDER WP.No.24171 of 2025 _/_ /i'i ,) :) i.) =-\, _ {\- '.,: ',i 26 IIJE zffi \:: DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,t- { \ 7b\s 1 I