uninb" v. 1. The State of Telangana

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 Mandamus, declaring the action of the 2nd Respondent in interfering with manufacturing, sale and distribution of bio-products/bio- stimulants of petitioner- Firm, viz., B-54. Metro, All Max, Bingi's Lord, Ayush, Express Gold, Tiger Plus' Green Star. All Rounder, Alexa, Danger King, Diamond-4, Logic, Green Booster' Cotton Special, Sultan Special, Sangi's-9, Paddy Special, Booster, Reeva410' Bheeshma, Simha, Mango Special. cool Green, Dharma, crack-2 and star-999, which contains Anti Transpirants, Pressmud, chitine, Egg Shell and Plant essential oils, and are also not covered underthe 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 21-01-2006and Letter No' pP.il(1)2085/2005, dated 21-01-2006,and in the absence of notification prescribing the standards in Schedule-Vl, as being illegal, arbitrary, unco nstitutional, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-productsi bio- stimulants including from the licensed premises of the dealers/stockists under the lnsecticides Act, 1g6g and the Fertilizers Control(Order) Act, 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 2ndrespondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimulants of petitioner-Firm, viz., B-54, Metro, All Max, Bingi's Lord, Ayush, Express Gold, Tiger Plus, Green Star, All Rounder, Alexa, Danger King, Diamond-4, Logic, Green Booster, Cotton Special, Sultan Special, Sangi,s- 9, Paddy Special, Booster, Reeva-10, Bheeshma, Simha, Mango Special, Cool Green, Dharm a, Crack-2 and Star-999, which contains Anti Transpirants, Pressmud, Chitine, Egg Shell and Plant essential oils, and a.e also not covered under the lnsecticides Act, 1968 and not included in Schedule-viof 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 : 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.24464 OF 2o25 ORDER This Writ Petition is filed for the following reliel- ".....-issue a Wit Order or Direction more panticulorlg one in the nature of Wit of Mandamts dec)aing the action of the 2nd Respond.ent in interfeing tt-tith manufactuing sale ond distibution of bio-products/ bio stimulants of petitioner Firm, uiz., B-54, Metro, AII Mox, Bingi's Lord, AyusLl Express Gold, Tiger Plus, Green Star, All Rounder, Alexa, Danger King, Diamond.-4 Logig Green Booster, Cotton Special, Sultan Special, Sangis-9, Paddg Special, Booster, Reeua- 10 Bheeshma Simh4 Mango Special, Coot Green, Dhnnna, Crack-2 ond Star- 999, uthich arntains Anti Transpirants, Pressmud, Chitine' Egg Shell and Plant essential oils, and ore also not couered under the Insecticides Act 1968 and not included in Schedule-W of tte Fertilizers Control Order Act 1985 bg issuing Memo No PP.n(1)2085/ 2OO5 dated- 21.O1.2006 and I'etter .lYo PP.n(1)2085/ 2OO5 dated 21.01-2006 and in tle absence of notification prescribing the standards in Schedule-W as being iltegal arbitrary una nstitutionol and direct the 2nd respondent not to interfere utithin ang manner in selting and distibution of bio-products/ bio stimulants including from the licensed premises of the deaters/ stockisls under the Insecticides Act 1968 and. *e Fertilizers Control(Order) Act 1985 and poss 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' -- TMDJ wp 24464 2O2S 2

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 10.07.20 15 in W.P.No.25293 of 2OI4 a_nd batch, as modifred by the Division Bench of this Court in W.A.Nos. Il22 and. 1136 of 2016, dated

03. 1 1.20 16. Further, this Court, while disposing of W.p.No.4B of 2O2l and batch uide comrnon order dated OZ.OT.2O2I, held. as under: " 1 1 . In uieu.t thereof, the Writ petitions are disposed. of, granting liberig to the petitioners to make applica.tions in compliance uith the requirement of Clause 5 of the ord.er of the Gouernment of India, beaing No.S.O.B82 (E), dated 23.03.2021 , tuithin tu.to (O2) ueeks from the dote of receipt of copy of this order. lf such appli.cations are made within the time stipulated aboue, the u)mpetent autLnity shall process the same and if satisjied, to issue proubional Certifi.cate of Registration in Fonn G.3, within lour (4) toeeks thereafi.er.

12. It is made clear that the competent authoitg is entitled to colled samples in compliance of part-C of the order d.ated. 23.02.2021 and test the compatibilitA of the prod.ucts meeting the parameters to be marketed 2 as bio nutients, before granting ttte prouistonal Certificote of Registration. It Ls in the public interest to ensure that a product to be produced. and. morketed as a bio-nutrient u_tith the object of hetping the fanner ' to deuelop high celtulose and. resistance pou.ter in the plants 3 TMDJ wp 24464 2OZ5 meets the Pardmeters to quotifA as a bio nutient The petitioners sllall co-operate in dlauirug the samples' Until the exercise as directed aboue, is completed' subject of course to petitioners submitting appttcotions uithin tle time stipulated aboue and. in complionce of reqtirements of Clouse 5 of tLLe ord.er dated 23-02.2021 of the Gouemment of Indio' petitioners are entitled to manufochfie and distibute os contemplated bll Clouse 4 of the order doted 23'02'2021' Houteuer' it is oluags open to the competent authoity to ueify uLheth'er the products marrufactured and distibuted bg the petitioners are in tnmpliance ttLith the stotutory requirements and take actioft os utarranted bg lattt". In terms of the aforestated orders and for the reasons 4. 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' oe?o,j#"JPdrl'+[1k / 7 /ITRUE COPY'/ \ SECTION OFFICER To,

4. 6 b iutlrmir,r*Hn+fr ,*flr+:+,',=ti;11ffi ,,, [o*1-1, coPies 8N.- BSK BS \ I I HIGH COURT DATED:1910812025 -'4 ,4u' '' E SI4 r(: c^ l) ,.) 2I AUE 205 t tF,. ORDER WP.No.24464 o12025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( % 5