The High Court · 2025

.....RESPONDENTS Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction, more particurarry, one in the nature of Writ of fVlandamus, decraring the action of the 2nd Respondent in interfering with manufacturing, sare and distribution of bio-products/bio- stimurants of petitioner- Company, viz., Kamposhak, poshak Humic, Flourish, Galaxy, poshak, Leafmate, Hi Yierd, Trishoor, Vriddi, Fuil Fi[, Fuil size, poshak spr, Flower crick, Uttez, Kisantac, [\Ionitor-A, Kisan Tac, Sprreadmate plus, Flower Click, 999 Gold, Blossom, ATM, Frower zeneraror and Amino star Gord, which contains Anti Transpirants, Pressmud, chitine, Egg shell and plant essential oils, and are also not covered under the rnsecticides Act, 196g and not incruded in schedure_Vr of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. pp.ll(1)2085/ 2005,dated21-01-2006andLetterNo.PP.ll(1)2o85t2005,dated2'1-01-2006'and intheabsenceofnotificationprescribingthestandardsinSchedule-Vl'asbeing illegal, arbitrary, unconstitutional, and direct the 2nd respondent not to interfere withinanymannerinsellinganddistributionofbio-products/bio.stimulants including from the licensed premises of the dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act' 1985' t.A.NO: 10F 2025 PetitionUnderSectionl51CPCprayingthatinthecircumstancesStatedin theaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto directthe2ndrespondentnottointerferewithmanufacturing,saleanddiStribution of bio-products/bio-stimulants of petitioner-company, viz, Kamposhak' Poshak Humic, Flourish, Galaxy, Poshak, Leafmate' Hi Yield' Trishool' Vriddi' Full Fill' Full Size, Poshak Spl, Flower Olick, Uttez' Kisantac' Monitor-A' Kisan Tac' Sprreadmate Plus, Flower Click, 999 Gold, Blossom' ATM' Flower Zenerator & AminoStarGold,whichcontainsAntiTranspirants,Pressmud,Chitine,EggShell and Plant essential oils, and are also not covered under the lnsecticides Act' lg68andnotincludedinSchedule-VioftheFertilizersControl(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' GEETHA DEVI' ADVOCATE FOR 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 VIRIT PETITION No.247l 6 0F 2o2s ORDER: This Writ petition is filed for the following reliel_ '......to i.ssue a Writ, ord.er or direction more partianlarly one in the nature of WRIT OF MANDI Respondentininterreirs-,:ff"":;::::L'::"::f "::rr*y*:T bio products/ bio-stimulants of petitioner Compang uiz., Kamposhalg Poshak Humic, Flourish, Galaxg, poshak, Leafmate, Hi yield, Tfi-shool, Viddi, Full Fill, Futt Size, poshak Spl, Flouer Click, Utlez, Kisantqc Monitor-A, Ki_san Tac, Spneadmate plus, Flower Click, g9g Gol| Blossom, ATM, Flower Zenerator and. Amino Stqr Gol4 uhich contains Anti Trqtlspirqnts, pressmu.d, Chitine, Egg Shell and plant essential oiLs, and are rrlso not couered under the Insecticides Act, 196g and not included in Schedute_Vl of the Fertilizers Control (Ordpr) Act lgal, bg i-ssuing Memo No. pp. (1)2OBS/2o05, dqted 21_O1_2006 and. t etter No PP.n (1) 2O8S/2OOS, deted 21_O1-2OO6 and in the absence of notifrcation prescibing the standqrd_s in Schedule_W, as being illegal, arbitrary, unconstitutional and direct the 2nd ,.rpord.rf ,*t to interfere within ang manner in selling and distibution of bio_products/ bio-stimulants including from the licersed premises of the dealers/ stockists under the h_secticides Act jg6g and the Fertilizers Controlorder Act 1 98 Sand pas s-.... " Heard learned counsel for the petitioner and learned Government pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record c 7 TMOJ wa'241t6-2O2S It is submitted by the learned counsel for the petrtroner 3. that the subject rflatter of this writ petition is squarely covered by the common order of this Court dated 10'07'2015 in W.P.No.25293 of 2Oi,.4 and batch' as modified by the Division Bench of this Court in W'A'Nos' 1 122 atd' 1136 of 2016' dated

03.ll.2O16.Further,thisCourt,whiledisposingofW'P'No'48 of 2O2l and batch uid'e cornrnot order dated 07 'O9 '2021' held as under: In uieut thereof, the Wit Petitions are disposed of' qanting '11. liberty to the petitioners to mclke applications in complionce uith the requirement of Ctatse 5 of the order of the Gouernment of India' bearing No.5.O.882 (E), dated 23'03 2021' ruithin ttuo (O2) uteeks from the date of receipt of cop1 of this order' If such applicotiotr's are' mqde uithin the time stipulated aboue, the competent authoritg shall process the sqme and if satisfied, to issue prouisional Cettificqte of Registration in For,i. G-3, rttithin four (4) ueeks teredfier' It is mqde clear thr,t the competent qutllDitA is entitled to 12. ciilect samples in complionce of Part-C of the order dated 23'02'2021 and test the compatibititg of the products meeting the parameters to be marketed 2 as bio-nutients, before granting the prouisional Certificate of Registration It is in the Pubtic interest to ensure that a product to be produced rtnd marketed @s a bio nutrient with tlle object of helping the famer to deuelop high celhiose and resistance pouter in the plants meets the parometers to ElalifA as a bio-nutrient' The petitioners shall co-operate in drauing the sqmples tlntil the exercbe as directed above, is comPleted, subject oJ course to petitioners submitting 3 TMDJ wp_24716 2025 applications within the time stipulated aboue qnd in compliance oJ requirements of Clause 5 of the order dated 23.02.2O2j oJ the Gouemment of India, petitioners are entltled. to manufaclure and dAtibute a.s contemplqted bA Clause 4 of the ordet dated 23.02.2021. Houteuer, it is aluags open Lo the competent authoitg to ueifA uhether the products manuJactured and distibuted bA the petitioners are in compliance with the stqtutory requirements and take actton qs tuananted bg la u".

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, sha_ll stald closed. //TRUE COPY// SD/. . PONNA KRISHNA S TANT REGISTRAR SECTTON OFFICER To State of Telangana at Hyderabad L. B.Stadium, Basheerbagh, HYderaba d, Telangana State.

1. The PrinciPa I Secretary, Agriculture and Co-opera nDe 2. The Commissioner and Director ofAg riculture, State of Telangana, OPP 3. Two CCs to G P FORAGRICULTURE , High Court for the State of Telangana 4 6';d'CC io Vlt'e.v.npaRNA LAKSHMI, Advocate [OPUC] 5. Two CD CoPies at Hyderabad. [OUT] pt., Secretariat, SA BS 4, t t. [,-, E S] ri r( u 2 g AUI] 206 * Dg .Sr,,r,t Ct' r'") a (. I / HIGH COURT DATED:21 10812025 ORDER WP.No.24716 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. )D