Disposed

M/s. K S Organics and Consultants v. The State of Telangana

Telangana HC27 Sept 2022WP/37234/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the interference with the sale and distribution of bio-products by the Director of Agriculture without prescribed standards, referencing prior common orders that governed the situation.

What did the court decide?

Petition disposed in terms of previous common orders granting liberty to manufacture and distribute pending registration.

M/s. K S Organics and Consultants Vs The… — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY ,THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 37234 OF 2022

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Between:

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M/s. K S Organics and Consultants, Rep. by its^proprietor, G. Kiran Michael, S/o. G. Anthony Xavier, Aged 35 years, Fyo. H.No. 10-2921293, Meenakshi Estate, Jeedimetla Village, Quthbullapur Mandal, Ranga Reddy District -5 00 055, Telangana State. Factory and Office at. Plot No. 111/1^'12A, Sri Ram Nagar, Subhash Nagar, lDA, Jeedimetla, Hyderabad-SOO 055, Ranga Reddy District, Telangana State.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary,Agriculture and Cooperation Dept., Secretariat, Hyderabad.

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2 The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B. Stadium, Basheerbagh, Hyderabad, Telangana State.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewlth, the High Cou( 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 petitionerFirm, viz., Klick, A One Oil, Anandam, Sneham, Pushti, Samba Plus, K-Plus, Suck Kill, Core, Soil Rich, Nutrimax, 21 , Haritha-V, Marvel, Power and RID-88, by issuing Memo No. PP.ll(1)208512005, dated 21-O1-20OG and Letter No. PP.ll(1 )2085/2005, dated 21-O1-2006, and in the absence of notification prescribing the standards, as being illegal,. arbitrary, unconstitutional, and direct the 2nd respondent not to interfere with in any manner in selling and distribution of bio-products/bio-stimulants including from the licensed premises of the dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985.

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lA NO: 1 OF 2022

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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 2nd respondent not to interfere with manufacturing, sale and distribution of bio-prod ucts/bio-stim u la nts of petitioner-Firm, viz., Klick, A One Oil, Anandam,

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Sneham, Pushti, Sa nba Plus, K-Plus, Suck Kill, Core, Soil Rich, Nutrimax, 21 , Haritha-V, Marvel, Pow€r afid RID-88, including from the licensed premises of the dealers, stockists, u rder the lnsecticides Act, 1968 and th= Fedilizers Control (order) Act, 1985, pe tding disposal of the above Writ petition.

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Counsel for the Peti .ioner:SRl. B.V.APARNA LAKSHMI

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Counsel for the Res :ondents: GP FOR AGRICULTURE

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The Court made the following: ORDER

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, I

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, t

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THE HON'BLE SRI IUSTICE A.ABHISHEK REDDY

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l4rRIT PLTITION No.37234 of 2022

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ORDER:

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Heard learned counsel for the petitioner and learned Government Pleader for Agriculture apPearing for the resPondents.

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It is submitted by learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order passed by this Court in W.I'].No.25293 of 2014 and batch, dated 10.07.2015, as modified by the Division Bench in W.A.Nos.1122 and 1136 of 201.6, datecl 03.11.2016. Further, this Court has disposed of W.P.No.48 o( 2027 and batch vide common order dated 07.09.2021., conchlsive portion of which reads as

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under:

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"11. ln oieu tlureof, the Wit Petitions are dispoxd of, granting lfuerty to the petitioners to malce applications in corupliance uith the requiemeft of Aau* 5 of the ortler of the Goaenntent of India, beanng No.5.O.882 (E), dated 23.02.2027, toithirt hoo Q) zueeks frorn the date of receipt of copy of this order. lf such applications nre made zoithin the time stipulated abooe, tlu cot trytent authority shnll process the sanr and if satisfud, to issue prooisional Certificate of Registration in FLtnn G-3, ruithin four (4) rueeks therenfter.

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It is nwde ckar that the competent authoity rc entitleC to collect saru,,les in compliance of Parl'C' of the order dateLl ./3.02.2021 and test tlt compatibility of tlte protlucts meeting the p&rametefi to^he nrurketed ar bio-nutrients, before granting the prooisional Arifictie of Registratiot . lt is in the public interest to efisure thnt n prt'duct b be producerl at'.d marktted as a bio- nutient uith thr object of lalping tla ftrmer^{to dt ttelophighcelluloearulresistancepouerin the plarLts neets} thc paramt ters to qualit'y^'as a bio-nutient. The petitioners shall cooperate it draruing the samples. Until tle exercis as directttl tboue, is conrybted, : uhject of courx to petitioners submitting applicatrons utithin the time sh rulated abooe antl in complinnce of requirements rtf Clause 5 of the ordu dnted 23.02.2021, of the Goaerument of India, pehtioners are entitled to r uurufacture and distribute as contemplated by Claust 4 o.,r thc order dnted 23.02.2021,. Hotuetter, it is alruays open to the c(rntpeteflt nutllorihJ h oeify zohethzr tlu products manufuctured arul listribitted hy the petit ofiers are in comptiance ruith thc statutory requirements and take rction ,'s ruarantetl by \aru."

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In terms of the aforestated orders and for the reasons merltionecl the. ein, this Writ Petition is also dispose d of in terms

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thereof. There s hall be no order as to costs.

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As a seqr el thereto, miscellaneous petitions, if any pcrnding in

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this y.Lt Pglilf n, shall stand closed.

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ST'.K.SHYLESHI DI:PUTY REGISTRAR //TRUE COPY/i SEC'TION O.FFICER

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To.'"'l '"'l

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To.'"'l '"'l The Princioal ! ecretary,Agriculture^{andCo-operation Det:t} '^{State of} Telanqand,^{Se :retariat, HYderabad'} z. iili'il,iirni;ri;;;;;il^{oii"iioioiagricutture,stateof relansana, opp L B} ' iiioit,ii, ar.rJeinagn, Hvderabad' Telangana State' 3. 6';;ECi;Gi^{r. a.v-"niAftNALAKSHMlAdvqcateLoPlrcL .} ;. i;; 6c.i"^{t F Foi AcntculTURE} 'Hish^{court ror t e stateot} Telangana. [O JT] 6 Two CD Copie S. o. One Spare^Co py. GB t_ PS {Yt> /

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HIGH COURT

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DATED:2710912022

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ORDER

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WP.No.37234 of 2022

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DISPOSING OF THE WP