DS ORGANICS, Having its Factory & Office v. marketing of its Bio prod ucts/Bio-Stimulants under the name and
Case Details
Petition under Section '1 5'l CPC praying that in the circumstances stated in the affidavit f led in support of the petition, the High Court may be pleased to direct the respcndent authorities not to interfere with the petitioners Company business of m rnufacture, sale and marketing and d stribution of its Bio prod ucts/B io-Sti n u la nts i.e., Nitro-40, Humi Core, Stembo, Plantomycin, Fentac Plus, Shooter, F:RR, VlP, D-Cot, Extreem, Panther, Spredar, Crystal, D-Booster, Cobra, Power, l.rrow, Extop, Agronal, Crop Gold, Super Block Gold, Block Gold. Rock, Punch, Drtran, Jet, Boxer, Rapi Gro, Delite, Siri, Multi Gold, Zingle, Syraa, lvlitraplus, Legend, Alwin Gold, Polostar, Victor, Bumper, Crown, Nutripro, Avenger, Sharp, Bidin, Hyper, Ranger, Super Jodi, Terminator, Super Smash, D- Guard. Under the name and style of DS ORGANICS' includ ng from the licensed premises of the Petitioner's Company and its d ealers/stockiests in the State of Telangana under 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 DEVI WRIT PETITION No.26551 OF 2025 ORDER: This Writ Petition is filed for the following relief:- ". ..... to tssue ct uit or direction, pafticulorlg one in the nature of Wit of Mandamus dectaring th.e action of the Respondent authortties tt iruterfeing Luith mdnufacture, sate and mdrketing of Bio products/ Bio- Stimulants of Petttioner CompanA. The Petittoner Company is mdnufactting the Bio ptoducts/ Bio-Stimutants under the brqnd name of DS ORGANICS' manufactuing Distribution, sqle and marketiq of its Bio product-s/ Bio-Stimulqnts i.e., Nitro 40, Humi Core, Stembo, PlantomAcitl, Fentac Plus, Shooter, RR-(, VIP, D-Cot, Ertreem, Pantlwr, Spredor, Crystal, D Booster, Cobra, Potuer, Arrout, Extop, Agronal, Crop Gold., Super BLock Gold, Btock Gotd. Rock, hlnclL Duran, Jet, Boxer, Rapi Gro, Delite, Siri, Multi Gotd, Zingle, Sgraa, Mitraplus, Legend, Alwin Gold, Polostar, Victor, Bumper, Croun, Nutipro, Auenger, Sharp, Bidin, Hgper, Ranger, Super Jodi, Terminator, Super Srnash, D-Guard. The 2"d Respondent pursuance of the Memo No.PPI(1)2085/ 2005 dt. 21-01-2006 and consequential Letter No. PPII (1)2085/2005 dt.21 01 2006 as being illegal, arbitrary, unconstitutional and without juisdiction and" in utolotion of Articles 14, 19 (1) (g), 21 and 300 A of the Constitution of India and conseElentlA direct the respondent euthoities not to interfere uith the Petitioners' buslness of mdnufo.cture, sale and marketing of its Bio products/ Bio- Stimulants under the name and stgle of 'DS ORGANICS' including from tlrc licensed premises of the Petitbner Conpang and its dealers/ stockiests in the State of Telangana under the Insecticides Act, 1968 and Fertilizers (Control) Ord.er 1985 and pass such..." i l j I , 2 TMD,I v/p_26551 2025
2. Heat d learned counsel for the petitioner and learned Government Pleader for Agriculture appearing oI-r behalf of the responderLts. Perused the materiai available on record.
3. It is submitted by the learned counsel for the petitioner that the s rbject matter of this writ petition is squarely covered by the c()mmon order of this Court dated 10.07.2015 in W.P.No.2ti293 of 2074 and batch, as modified b1, the Division Bench of -his Court in W.A.Nos. ll22 an.d 1136 of 20 16, dated
03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2O2l ard batch uide corrrrnon order dated 07.O9.2O21, held as under: "11. In uieu thereof, the Wit Petltions are disposed. of, granting libeftA to the petitioners to make applications in compliance with the requirement of Clause 5 of the order of the Gouerttnent of India, beairyt No.S.O.B82 (E), datecl 23.03.2021, Luithin two (O2) ueeks from the da,e of receipt of copg of this order. If such applicatiorrs qre made within the time stipulqted aboue, the competent authoitA shall process the some ancl if satisfted, to issue prouisiotal (\trtificale of Registl qtion in F orm G-3 , within four (4) ueek s thereafier .
12. I1 is made cleer that the competent authoritA is entitled to coLlect samples in comptiance of Part-C of the order dated 23.O2-2O21 qftd te.;t tl'te compatibititg of the products meeting the parameters to be mqfrse;ed 2 as bio-nutients, before granting the prouisionaL Cefiifi.cate of Regtstrotion. It is in the public interest to erlsure thctt a product to be 1 i I I I i I I i 3 T[4D,I wp 26551 2025 produced arld marketed as a bio-nutient uith the object of helping the farmer to deuelop high cellulose and resistonce potuer in the plants meets the parameters to qualifA as a bio-nutrtent. The petitioners shall co operate tn dratuing the somples. until the exercise as directed aboue, is conpleted, subject of course to petitioners submitting applicatiorts Luithin the time stiPulqted aboue and in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Gouemment of Indta, petitioners are entitled to manufacture and distibule os contemplated bg Clause 4 of the order d.ated 23.O2.2O21- I{oweuer, it is alwaus open to the competent authorttg to uerifg u)hether the producls nanufqclured and distibuted bg the petittoners are in contpliance with the statutory requirements and take action os wan-ranted bg 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 r \' /TTRUE COPY// isl'"f^"-TE[t?HlA a SECTION OFFICER To, 1
2. 3 4 The Prl. Secretary, Agriculture Department' Secretariat Buildings' Hyderabad' n""' Gove m me nt or re I a ns a n a' on. " State of Telangana' lfr r.*g,*r',,*l:5.'$i "?ffi One CC to SRI RAVI PRAKASH N' Advocate [OPUC] Two CCs to GP FOR AGRICULTURE' High Court for the State of Telangana ['r]! at HYderabad [OUl I \ "V 5 Two CD CoPies \$(esn LS HIGH COUI1T DATED:0410912025 ORDER WP.No.26551 of 2025 -.-.....\\ -, .ute-). \/. 1$ SEP 2025 / /.^'. ,{ l- lL) ,,.-o,\,i, \.-. '\. DISPOSIN(i OF THE WRIT PETITION, - WITHOUT COSTS -0tw 111t.'