High Court disposed of a writ petition challenging regulatory interference with bio-product distribution. The court held the matter was covered by prior orders and disposed of the petition accordingly without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 19649 OF 2023
Between:
[VI/s. Avani Agri Fan'ns Solutions, Rep. by its Proprietor, Rangam Naveen Kumar S/o. Sri Rangam Venkataiah, aged 40 years, R/o. H.No. 2-120, Kinnarasani Palwancha, Yanamballu, Khammam District-507 1 15, Factory and Office at. Sy.No.3, Open Land, Godumakunta, Keesara, Hydeabad-SO1 301, Medchal-Malkajgiri District, Telangana State.
...PETITIONER
AND .
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Courtmay 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-productsibio-stimulants ofpetitioner- Firm, viz., Nagamruth, Nelayush, Pudamiraksha, Harithamruth,Ambika, Century, Hitech, Markar, Express, Rolex, Sma(, Chromy, Akhanda, Salar, Spirit,Ronald, Grace, Shiny, Greeny and Saphal, by issuing Memo No. PP.ll(1)2085/2005, dated 21-01-2006 and Letter No. PP.ll(1)208512005, dated 21-01-2006,and in the absence of notificatir.r,prescribing the standards, as beingillegal, arbitrary, u ncon stitutiona l, and direct the 2nd respondentnot tointerfere with in any manner in selling and distribution of b io-prod u cts/b io-stimu lants including from the licensed premises of the dea le rs/stockists under thelnsecticides Act,1968 and the Fertilizers Control (Order) Act, 1985.
IA NO: 1 OF 2023
Petition under Section151 CPC prayingthat in the circumstancesstated in the affidavit filedin support of the petition,the HighCourtmaybe pleased to direct the 2ndrespondentnot to rnterfere with manufacturing'sale and distributionofbio-products/biostimuantsofpetitioner-Firm,viz.,Nagamruth, Nelayush, Pudamiraksha,Harithamruth,Ambika, Century'Hitech' [\ilarkar' frpil,.. Rolex,Smart, Chromy, Akhanda, Salar,Spirit' Ronald'-Grace' Shiny Cr""ny and Saphalincludingfrom the licensed premises of the dealers' stockiits, under thelnsecticidel Act,1968 and the Fertilizers Control (order) Act, 1985,pending disposalof the aboveWrit petition'
Counsel for thePetitionc-M/s. B.V. APARNA LAKSHMI
Counsel for theRespondents:GP FOR AGRICULTURE
The Court made thefollowing:ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.L9649 0F 2023
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing for the respondents.
" 1 1 . In view thereof, the writ petitions a re disposed of, granting liberty to the petitioners to make applications in compliance with the requirement of Clause 5 of the order of the Government of India, bearing No.S.O.BB2 (E), dated 23.02,202I, within two (02) weeks from the date of receipt of copy of this
-a
Lrrder. I1' such applic,rtions are made wiihin the time stipulai(rd aL-,ove, '.ft,. .iritpaite l'tt aurLlrcr ity sl'rall proce33 the same and il satisf ed, to issue provisiinai certificate of Registration in F.er-6 G-3, urithirr fou- (04) ',veeks th e rea fti: r'.
3
Miscellaneous petitions, if any, pending in this Wrii
Petition, sha ll stand closed.
SD/-P.PADMANABHA REDDY ASStSTANT REGI$TRAR //TRUE COPY// c/ !/ SECTION OFFICER
To,
The Principal Secretarv Aqriculture and Co_op e ration Dept.. The State ofI Telangana. Secret. r( Hv?erabad- '--v vr'is,v'' 2 tne Commissioner arrd Director of Agriculture, State of Telangana, Opp. L.B 3 Stad ium. Basheerbash. Hyoerabad, ieL;;;;ttji""' 4 one cc to tv/s B V"ApnfrruA rnx_bir"trir'i,'Xir""ZiE iopucf to GP FoR ncnrCurruirt:'H,sil iil|.tT#h. St"t. orreransana 8Jr?.-
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DATED:2510712023
ORDER
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WPiNo.19649of 2023
DISPOSINGOF THE WRIT PETITION WITHOUTCOSTS
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Avani Agri Fan'ns Solutions Rep. by its Proprietor, Rangam Naveen Kumar
The State of Telangana
The Commissioner and Director of Agriculture
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
