ANNAPURNA AGRO CHEMICALS 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 or direction, particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in interfering with manufacture, sale and marketing of Bio-Products/Bio Stimulants of Petitioner company. The Petitioner company is manufacturing the Bio products under the brand name of 'ANNAPURNA AGRO CHEMICALS' manufacturing, Distribution, sale and marketing of its Bio Products/Bio stimulants i.e.,Active, Amaze, Ambit, Bio Green, Champion, Cosmos, Cure-XL, Dean, Ecogold, Ecospring, Elixir' Eric, Eric Plus, Exodrin, Gixer, Glitter, Growzeal' Hypro, Jet-X, Kozgrow, Maxi Gold, Maxy Gro, Maxymantra, Navax 3G, Nex, Nexa, Nox, Power Zel, Prozyme, Race 7 Plus, Sonar, Spring, Star-X, Veenus, Well Bloom, Zaack, Zeeal, Zing, Zixer, Zyme-X' The 2nd Respondent in pursuance of the Memo No. ppr(1)20g5,200s dt. 21-01-2oo, and corsequentiar Letter No. ppil (1)20s5i2005 dt. 21-01-2006 as being illegar, arbitrary, unconstitutionar and without jurisdiction and in vic ration of Articres 14, 19 (1) (g), 21 and 300-4 of the constltution of rndia and cons3quentty direct the respondent authorities not to interfere with the petitioners, bus iness of manufacture, sare arrd marketing of its bio products under the name and styre of 'ANNAPURNA AGRO CHEMT.ALS'. incruding from the ricensed premises of the Petitioner Company and its dea lers/stockiests in the state of Telangana urder the Insecticides Act, 1 96U and Fertilizers (Control) Order 198S. l.A.NO:1 oF 2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in r;upport of the petition, the High court may be pre.sed to direct the respondenl. authorities not to interfere with the petitioner,s cc,mpany business of manufacture, sale and marketing and distribution of ils Bio_ Products/Bio Stimulants i.e.,Active, Amaze, Ambit, Bio Green, Champion, Cosmos, Cure-XL, Dean, Ecogold, Ecospring, Elixir, Eric, Eric plus, Exodrin, Gixer, Glitter, Grow,zeal, Hypro, Jet_X, Kozgrow, Maxi Gold, Max1, Gro, Maxymantra, Navax 3r3, Nex, Nexa, Nox, power Zel, ptozyme, Race ptus, Sonar, Spring, Star-X, Veenr,s, Well Bloom, Zaack, Zeeal, Zing, Zixer, Zyme_X. Under the name and stvre of 'ANNApURNA AGRO CHEMTCALS' incruding from the licensed premises of 1.he petitioner's company and its dea re rs/stockiests in the State of Telangana under the lnsecticides Act, 196g and Fertilizers (C,)ntrot) Order 1985 pending disposal of the above writ petition. Counsel for the petitioner : SRt N.RAVI PRAKASH 919::!.f:t g: Respondenrs : SRt R.LAXMTKANTH REDDY, AGp FoR AGRICULTURE The Court made the following ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.275 oF 2025 ORDER: This \X'rit Petition is filed under Article 226 of Constitution I of India seeking the following relieE "...to issue a u'rit or drection particula y onc in the nature ot Writ o[ N{anclamus declaring the actton of the Rcspondent authodtics ill interlering rvith manufacture salc and marketrng of Bio Products/Bio Stimulants o[ Petitroner Companv The Peritioner Companl i> manufacnrring dre Bio products under thc brand namc of ANNAl')t'IRNr\ .\(;RC) CFTLNIrcALS manufacturing Distributiol sale and marketing of its Bio Products/Rio Stimulants i.c., Active Amaze -i\mbit Bio Grccn (.hampion (.osmos (lurc Xl, Dean Iicogold Ecospring Illixir F.nc F-ric Plus }jxodrin Cikcr Glitter Cirowzeal F[lpro .fetX Kozgrow NIaxr Gold \laxv (iro Nlaxr mantra Navax 3G Nex Nexa Nox Power Zel Prozvmc Race Plus Sonar Spring StarX Vecnus Well Bloom Zaack Zeezl 7lng 'Lixer 7.-trr.e ,\ 't-hc 2nd Respondent in pursuance of the l\{cmo No l:,PI12085/2005 dt 21012006 and c<>nsequential Letter No I)l)ll 12085/2005 dt 21012006 as being illegzl atbitarv unconstirutional and rvithout jurisdiction and in violatron of Articles '14 1,9 'l g 21 and 300A of thc Constitution of India and consequendy direct thc respondcnt authotities not t() interfere rvith the Petitioners business of manufacture salc and markcting of its bio products under the name and style of .\N--N,\PURIIIA .\GR() CHEN{ICALS including from dre liccnsed prerniscs of the Pcutioner Company and its dealers/stockiest in thc Srate of 'I'clangana undcr rhe Insccticides ,\ct 1968 and Fertilizers Control 6r.1,.. 1985...'

2. I have heard Mr. N.Ravi Prakash, Iearned counsel for the petitioncr, N{r.R.Laxmikanth Reddy, Iearned Assistant Go',,ernment Pleadcr for Home appeariflg for rcspondent No.1 and Mr.E.Ravinder Reddy, learned Assistant Government Pleader 2 for Agricultlrre ancl Coope rative Socieru* appearing iot respondent t,, No.2.

3. Leatrerl counscl for the peritioner submits that the gricr- rnce raiscd in tl-ris u,rir petition, namelr. interfcrcnce with the petitioner's bus;iness bv the respondcnt authoritics, has alrr:ady been con-.idere,J by this Court in ser.eral matters. [n those crLses, appropriarc dilectior-rs rvcre issued, rv1-rich were subsequrntly modified and concludcd by 2 f;io-i.ion Bench of this Court in \Vrit Appeal Nos. 1122 ancl 113(r of 2016, b,v order dated 03.11.2t)1(t Hc therefore plar.s for a similar order in the prescnt case, as thc issues raised ]rerein are squarelr, covered bv thc said decisions.

4. Learned ,\ssistant Gor.ernmcnr Plcader for Home fiLirly admits that tl.re order relicd upon bv the pctitioner appropriarell, covefs thc pfescnt situation.

5. I have penrsed the matcriai on record

6. As submitted b1. rhe petirioner, a Divis-ion Bench of his Court in Wrir Appeal Nos. 1122 ard 1136 oi 2016 dared

03.11.2016. as ucll as in Writ perition No.4g of 2021 and barch t -l mattcrs clecidcd bv common order dated 07.09.2021. held as [ollows f { "11. ln view thereof, the Writ Petitions are d'i'sposed of, granting liberty to the petrtioners to make applications in compliance with the requirement of Clause 5 of the order of the Government of lndia, bearing No S'O'882(E)' dated 23.03.2021, within two (02) weeks from the date of receipt of copy of this order. lf such applications are made within the time stipulated above' the competent authority shall process the same and, if satisfied' issue a provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter. L2. lt is made clear that the competent authority is entitled to collect samples in compliance with Part-C of the order dated 23 02 2021 and test whether the products meet the prescribed parameters to qualify as bio- nutrients before granting the provisional Certificate of Registration lt is in the public interest to ensure that any product intended to be produced and marketed as a bio-nutrient, with the object of assisting farmers in developing high cellulose and resistance power in plants, meets the required standards' The petitioners shall cooperate in the process of drawing samples' 13. Until the above exercise is completed, subject of course to the petitioners submitting applications within the stipulated time and complying withtherequirementsofClause5oftheGovernmentoflndia'sorderdated 23.O2.2021, the petitioners are entitled to manufacture and distribute in terms of clause 4 of the said order. However, it shall always remain open to the competent authority to verify whether the products manufactured and distributed by the petitioners are in compliance with statutory requirements and to take action as warranted by law'" 7 In vier.v o[ the consensus berween the parties and having regard to thc praycr of the petitioner, this writ Petidon is disposed of in terms of the order passed by the Division Bench of this Court as e \ I racted above. \ I 8 Wirh this direcriorr, rhis u,rir peririon is disposed o[. There shall be no or,ler as to cosrs N.fisccllaneous Pctitions, pencling iF anv, shall stand clost:cl. SD/- AS a:hr[vrranEprrY REGTSTRAR //TRUE COPY// of Telangana at Hyderabad. l'ttrfl, '"sEcilott oFFrcER 1. The Principal Sec.retary, Agriculture Department, Secretariat Buildings, State 2. The Commissioner and Director of Agriculture, Government of Telangilna, 3. Two CCs to GP FOR AGRICULTURE, High Court for the State of TelzLngana 4. One CC to SRI N.RAVI PRAKASH, Advocate tOpUCl 5. Two CD Copier; QOO.L.B.Stadium, Basheerbagh, Hyd-erabad. at Hyderabad. IOUTI To SA LS a HIGH COURT DATED:12109t2025 i rl.r 1 o ut:i ORDER WP.No.27548 of 2O2S DISPOSING OF THE W.P WITHOUT COSTS. Io Lo +/ \ d