High Court · 2025

!4ABADHI oRGAN|CS, IS.p..gf its_partner, SRIN|VASA RAO PUL|JALA, S/o. PULTJALA vENKATESHWa1U neO,'ageO +J'Vears, Ryo H. No-.1:ibli: [glyg1OrO^", Viltage, Juurpad Mandai, "Khammam District. Tetanoanal ?07.1?0 . Office/Factory adbress. PLOT NO.6; pistimiin,iri- R.li reooaamDerpet, Hayathnagar, Hyderabad, Ranga Reddy District, Telangana State-501505. AND '1. State. of Telangana, Rep its principal Secretary, Agriculture, Secretariat, Saifabad, Hyderabad 2 The Commissioner and Director of Agriculture, of Telangana State, Gunfoundry, Hyderabad ...PETITIONER ...RESPONDENTS 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 wRlr oF MANDAMUS declaring the action of the 2nd respondent in interfering with the manufacturing, Distribution and sale of the petitioner s bio products/bio stimulations of petitioner firm l.Varadhi, 2.Allasca, 3.promo, 4.v.Activator, S.Malabar, 6. Shelavathi, 7.Mochi, g.Dabul Barel, g.Khazana, 10.Outer, 11.Notary, 12.Journey, 13. Space,14. Surprize,15. prahaladha,l6. Strength, 17. V.Gosh, 18. Re Gen, 19. Dhruva, 20. Simba,21. Vishwamitra,22.Waller,23. Bharani, 24. Leo,25. lshaan, 26. Tejas, 27. Vedanth, 28. Jo, 29. Chandrika, 30. Mukunda, 31. Kaira, 32. Deil, 33. vedhika, 34. Bonanza.,and in the absence of notification prescribing the standards as being illegal, arbitrary, unconstitutional and without jurisdiction and further direct the respondents not to interfere with in any manner in the manufacture, sale and distribution of the petitioner's Bio- products/bio stimulations including from the licensed premises of the dealers/stockists under the insecticides Act, 1968 and Fertilizers control Order

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 respondents herein to allow the petitioner to manufacture, sale and distribute the Bio-products are 1. Varadhi, 2. Allasca, 3. Promo, 4. V.Activator, 5. Malabar,6. Shelavathi, 7. Mochi,8. Dabul Barel,9. Khazana, 10. Outer, 11. Notary, 12. Journey, 13. Space, 14. Surprize, 15. Prahaladha, 16. Strength, 17. V.Gosh, 18. Re Gen, 19. Dhruva, 20. Simba, 2'l . Vishwaiiiitra,22.Waltet,23. Bharani, 24. Leo,25. lshaan, 26. Tejas, 27. Vedanth, 28. Jo, 29. Chandrika, 30. Mukunda, 31 . Kaira,32. Dell, 33. Vedhika, 34. Bonanza.., 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 main writ petition. Counsel for the Petitioner : SRI PANGA SIVANARAYANA Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.35675 OF-2O25. ORDER: This Writ Petition is filed for the following relief:- "......to rssue c writ. order or Direction more partianlarlg one in the nature of MRIT OF MANDAMUS declaring the action of the 2nd responclent in interfering tuith the manufactuing, Distibution and sale of ttrc petitioner s bio products/bio stimulations of petitioner firm 1 . V aracllti, 2. Allasca, 3. Promo, 4 -V - Actiuator, 5. MalabaL 6. Shelauathi, 7. Mochi, B. Dabul tsarel, 9.Kha.zana, 1 O.Outer, 1 1.Notary, 7 2'Jountey, 13. Space,14. Surprize,15. Prahaladha,l6- Strength 17' V'Gosh, 18' Re Cen, 19. Dltruua, 20. Simba, 27. Vishuamitra, 22' Walter, 23' Bharani, 24. Leo, 25. Ishaan, 26- Tejas, 27. Vedanth, 28' Jo, 29' Chanclrika, 30. Mukunda, 31. Kaira, 32. Dell, 33' Vedhika, 34' Bonanza.,ancl ilt tlrc qbsence of notification prescibing the standards as being iltegal, arbitrary, unconstitutional and uithout juisdiction and further direct the respondents not to interfere uith in ana manner in the manufacture, sale and dbtribution of tlrc petitioners Bio' prochtcts/ bio sthntLlations including from the licensed premises of the dealers/stockrsrs uncler the insecticides Act, 1968 and Fertilizers control Order 1985 andPass....."

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.

3. It is submitted by the learned counsel for the petitioner that the subject matter of this writ petition is squarely covered 2 TMD,J wP_35576_202s by the common order of this Court dated IO.O7.2OL5 in W.P.No.25293 of 20 14 and batch, as modified by the Division Bench of this Court in W.A.Nos. 1 I22 and 1 136 of 20 16, dated

03. 1 l.2016. Further, this Court, while disposing of W.P.No.48 of 2021 and batch uide common order dated 07.09.2021, held as under: "11. In uiew thereof, the Writ Petitiotts are disposed of, granting libertg to the petitioners to ma.ke applications in compliance with the requirement of Clause 5 of tlrc orcler of the Gouernment of India, bearing N<t.5.O.882 (E), dated 23.03.2021, tuitldn two (02) rueeks from the date o-f receipt of colty of this orcler. If such applications are made within the time stipulcted aboue, tlrc contpete.nt authoritg slrall process the same and if satisfied, to issrre prouisional Ceftifi.cate of Registration in Form G-3, within four (4) weeks thereafter. It is mo.de clear that the competent authoitg is entitled to 12. collect santples in compliance of ktrt-C of the order dated 23.02.2021 and test the conpatibility of the products nteeting the parameters to be marketed 2 as bio-nutdents, before granting tlrc prouisional certificate of Registration. It is in the public interest to enpure tho.t a pr<tduct to be produced and ntarketed as a bio-rrutient tuith the object of lrctping the farmer to deuelop high cellulose and resistance power in the plants meets the pararneters to qualify as ct bio-nutrient. The petitioners shall co-operate in drawirtg the samples. Until the exercise as directed aboue, zs completed, subject of course to petitioners submitting applications within t.lrc time stipulated aboue and in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Government of Ldia, petitioners are entitled to manufachtre and. distribute a.s contentplated by Clause 4 of the order clated.2:].()2.2021. Howeuer, it is always open to the conrpetent authority to uerify 3 TMD,I wP_35575_202S whether the products manufactured and distibuted by the petitioners are in compliance uith the statutory requirements and take action as uarranted by laui'. 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 /rRuE coPY/ AssrsrA:N?'S=EITJ[A sEcnoffiFFtcER / To,

1. The Principal Secretary, Agriculture, secretariat, Telangana state' Saifabad' HYderabad

2.TheCommissionerandDirectorofAgriculture,ofTelanganaState, GuntounOry, HYderabad

3.oneCCtoSRlPANGASIVANARAYANA,Advocate.IoPUC] 4. Two ccs to Gp FoR AGRI6SLTURE, High court for the state of relangana'

5. Two CD CoPies' BSK BS I I HIGH COURT DATED:2 411112025 . .l:i1- C) (..) ':a. .].. -k ,.. "it:. .., ORDER WP.No.35676 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?Ir"br