ft//s.Karshak Organics 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 an appropriate writ, order or direction more particularly one in nature of Writ of [Mandamus declaring the action of the respondent No.2 in interfering with the manufacturing, sale and distribution of the petitioner's bio- products/bio-stimulants like Alaska, Alaska-Gold, Bhoomi-K, Boom Boom, Bullet, Cotton King, Cotton King Gold, Defender, Hydra, Hydra-Pro, lkon, Legender, ft/onstei, Nakshatia, Navarasa, Navarasa GR, Nbvarada SP, Poshak,-PuShfat, Sarkar, Shootout, Singam, Swashakthi, Swipe, Vilasa and Vilasa Gold by issuing [Vlemo No.PP.ll(1)208512005, dated 21-01-2006 and letter No.PP.ll(1)208512005, dated 21-01-2006 in the absence of notification prescribing the standards as being illegal, arbitrary, unconstitutional and without jurisdiction and further direct the respondent No.2 not to interfere with in any manner with the Bio-products/bio- stimulants of the petitioner including from the licensed premises of its dealers/stockiest under the lnsecticides Act, 1968 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 respondent No.2 not to interfere *itn manufacturing, sale and distribution of the petitioners bio-products/bio-stimulants like Alaska, Alaska-Gold, Bhoomi-K, Boom Boom, Bullet, Cotton King, Cotton King Gold, Defender, Hydra, Hydra-Pro, lkon, Legender, Monster, Nakshatra, Navarasa, Navarasa GR, Navarasa SP, Poshak, Pushfal, Sarkar, Shootout, Singam, Swashakthi, Swipe, Vilasa and Vilasa Gold including from the licensed premises of its 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: Ms. PAMULETI ROJA Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER ?! THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.31525 OF 2025 ORDER: This Writ Petition is filed for the following relief:- "......to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamu1 declaring the oction of the 2nd Respondent in interfering with manufacturing, sale and distibution of bio-products/ bio- stimulants like Alaska, Alq.ska-Gold, Bhoomi K, Boom Boont, Bullet, Cotton King, Cotton King Gold, Defender, Hgdra, Hydra-Pro, Ikon, Legender, IVlonster, Nqkshatrq Nauarasa, Nauarasa G& Nquarasa SR Poshak, Pushfal, Sarkar, Shootout, Singam, Swashakthi, Swipe, Vilasa and Vilase Gold which contains Amino Acid qnd Sea-Weed Ertract bg issuing Memo No.PP II (1)2085/2OO5, dated 21-01-2006, and letter No. PP il (1)2085/2005, datcd 21-01- 2006 in the absence of notification prescibing the standards as being illegal arbitrary unconstitutional ond without iurixliction and furiher direct the respondent No 2 not to interfere with in anA manner with the Bioproducts/ biostimulants of the petiti6ner including from the licensed . premises of its dealers/stockiest under the Insecticides Act 1968 and the Fertilizers Control Order Ad 1985 and pass.... "

2. Heard learned cou.nsel for the petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record.

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 LO.O7.2OL5 in 2 TMDJ wp_31525_2025 w.p.No.25293 of 2014 and batch, as modified by the Division Bench of this Court in W.A.Nos.ll22 and 1136 of 2016, dated

03.1 1 .2016. Further, this Court, while disposing of W.P.No.48 of 2021 and batch uide common order dated 07.O9.2O21, held as under: "11. In view thereof, the Writ Petitions are disposed of, granting liberty to tlrc petitioners to make applications in compliance with the require,me.nt of Clause 5 of the order of the Gouernment of India, bearing No.5.O.882 (E), dated 23.03.2021, within two (O2) weeks from the date. of receipt of copg of this order. If such applications are mqde withitt the time stipulated aboue, the competent authoitg shall process the satne qnd if satisfied, to issue prouisional CerTificate of Registratiort in Form G-3, within four (4) weeks thereafier. tt is made clear that the competent authoitg is entitled to 12. collect samples in compliance of Part-C of the order dated 23.02-2021 and test the compatibilitg of the products meeting the parameters to be marketecl 2 as bio-nutrients, before granting the prouisional Certificate of Registratiort. tt is in the public interest to ensure that a product to be produced and marketed as a bio-nutrient uith the object of helping the farmer to deuelop high cellulose and resistance power in the plants meets the parameters to EtqltfA as a bio-nutrient. The petitioners shall co-operate in drawing the samples. Until the exercise as directed aboue, ts completed, subject of course to petitioners submitting applications uithin tle time stipulated aboue and in compliance of requirements of Clause 5 of the order dated 23.02-2021 of the Government of India, petitioners are entitled to mnnufacture qnd di.stribute as contemplated bg Clause 4 of the order dated 23.02.2021. Horueuer, it is alwags open to the competent authoritg to verifg whether the prod.ucts manufactured and distributed bg tlrc petitioners 3 TMD,J wp_3 1525_2025 are in compliance with the statutory requirements and take action as warranted bg laut".

4. In tenns 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. MiscellaneoLls petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPYII SD/.AHMED ABDULLAH KHAN ASSISTANT REGISTRAR a seHor.r OFFICER If_l111g p{ _Secpt! ry,lAg ri guttu re a nd Co-Operation Depa rtment, secretanat, secretariat Buildings, Hyderabad,' Telangana state,. The commissioner and Director of Agriculture, opp. L.B. stadium, Easheerbagh, Hyderabad, TelanganS State. One CC to Ms. PAMULETT ROJA, Advocate tOpUCI Two ccs to GP FoR AGRTCULTURE , High court for the state of retangana at Hyderabad . [OUT] Two CD Copies -' -rr'-'- o \ To,

5. PMK BS i I i i; i I l, r I l I I i , I HIGH COURT DATED:17 nAl2025 ORDER WP.No.31 525 of 2025 t\ STA o 0 g JrN ?t?t * S,'A.I D ISPOSING OF THE WRIT PETITION WITHOUT COSTS