Disposed

M/S. Siri Organic Crop Care v. The State of Telangana and another

Telangana HC11 Apr 2023WP/8135/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a Writ of Mandamus against interference with the petitioner's bio-products business. The court adhered to a prior common order and set an aside action without costs at the admission stage.

What did the court decide?

Writ petition disposed of at the admission stage granted liberty to make applications for provisional certificate as per previous order.

M/S. Siri Organic Crop Care Vs The State of… — Writ and Judicial Review | Telangana HC (2023)

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

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TUESDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI

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WRIT PETITION NO: 8135 OF 2023

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Between:

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M/s. Siri Organic Crop Care, Rep. by its Proprietor, Sri. Puppala Nagaraju, S/o. Puppala Janaiah, aged 35 years, R/o. Gudimaheshwaram Village, Duggondi lVlandal, Warangal Rural (District), Telangana State. Factory^and office at Plot No. 62, Vaishnavi Nagar, Gajularamaram, Suraram, MedchalMalkajgiri District.

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...PETITIONER

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AND

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

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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 lhe 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 Writ of Mandamus declaring the action of the 2nd Responhent in interfering^with manufacturing, sale and distribution of bio-products/bio-stimulants of^petitioner- Firm, viz., Siri Gold, Neem Power, Root Power-G, Power Neem, Castor Gold, Karanja Gold, S-Flower, Hi-Grow, Nutri Plus, Champion, Target, Magix,^X--Mite, Siri Zyme, Orgo Booster, Hunter, Fighter, Supreme, Stick Plus, Mica, Dragon, Shine, Amruth, Mithra, Diamond, Dr. Chilli, Safaya, Dezire, Top-10,^Blast-Sp, Attack, by issuing Memo No. PP.ll(1)208512005, dated 21-01-2006 and^LetterNo. PP.ll(1)2085/2005, dated 21-01-2006, and in the absence of^notification prescribing the standards, as being illegal, arbitrary, u nconstitutional, 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

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F;' ri'r:. t;.

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dea [ers/stockists under the lnsecticides Act, 1968 and -the Fertilizers Control (Order) Act,^'1985.

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lA NO: 1 OF 2023

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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 bioproducts/bio-stimulants of petitioner-Firm, viz., Siri Gold, Neem Power, Root Power-G, Power Neem, Castor Gold, Karanja Gold, S-Flower, Hi-Grow, Nutri Plus, Champion, Target, Magix, X-Mite, Siri Zyme, Orgo Booster, Hunter, Fighter, Supreme, Stick Plus, Mica, Dragon, Shine, Amruth, Mithra, Diamond, Dr. Chilli, Safaya, Dezire, Top-l0, Blast-Sp, Attack, 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 above Writ petition.

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Counsel for the Petitioner: M/s. B.V.APARNA LAKSHMI Counsel for the Respondents: AGP FOR AGRICULTURE

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The Court at the admission stage made the following: OR.DER

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THE HON'BLE SMT.^{JUSTICE P.MADHAVI DEVI} WRIT PETITION No.8135 of²⁰²³

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ORDER:

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This Writ Petition has been filed^{seeking a Writ of Mardamus} declaring the action of^{the 2"0 respondentin interferingwith the} manufacturing, sale and distribution^{of bio-products/bio-stimulants of} petitioner-Firm, by issuing Memo^{No'PP.II(1)208512OO5,dated} 21.O1.2006 and Letter^{No.PP.II(1)2085/2005,dated 21.O1.2006as} iiiegal and arbitrary and consequently^{to direct the 2'd respondent not} to interfere with the manufacturing,^{sale and distributionof bio-} products/bio-stimulalts of petitioner-Firm^{and to pass such other} order or orders.

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Brief facts leading to the hling^{of the present writ petitionare} that the petitioner-Firm claims^{to be engaged in the business of} manufacture, sale and^{supply of bio-products/bio-stimulants without} usage of any toxic chemicals.^{He submittedthat the petitioner-hrm} has also obtained GST^{Registration Certificate bearing} No.36AXPPP34g2FlZZ, dated^10.O3.2023. It^{is submitted that vide} letter dated 21.O7.2006, the 2nd respondent has^{issued proceedings,} stating that the bio-products/ bio-stimulants are not covered by^the Insecticides Act, 1968 or the Fertilizer Control (Order) Act, 1985^and the stocking, storing or the sale of the said products from the licensed

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RMD, W.P.No 8135 of :2t)2.| 2

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premises will not be permitted, therefore, the present Writ petition is frled

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Learned counsel for the petitioner submitted that the subject matter of this writ Petition is squarely covered by the common order passed by this Court in W.p.No.25293 of 2Ol4 & batch, dated lO.O7.2Ol5, as modified by the Division Bench in W.A.Nos. ll22 and 1136 of 2016 dated 03.11.2O16. Further, this Court, while disposing of w'P.No.4S of 2o2r and batch vide common order dated 07.o9.2021 held as under:

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'11. In uiew thereoJ the Writ petittons are d.isposed of, granting libertg to the petitioners to make applications in compliance u.tith the requirement of Clause 5 of the ord.er of the Gouemment of India, bearing No.5.O.882(E), dated 23.O2.2O21, tr,tithin tuLo (2) weeks from the date of receipt of copg of this order. If such app\icotions are mode uithin the time stipulated aboue, the competent authonty shaLL process the same and if satisfied_, to issue proubionol CertijLcate of Registration in Fonn G-3, uithin four^{(4) weeks thereafier.}

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It b mad-e clear thnt the competent authoitg is entitled_ to collect samples in compliance of part:C, of the ord_er dated 23.02.2021 and test the ampatibilitg of the products meeting the parameters to be marketed as bio-nutrients, before granting the prouisional Certificate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bionutient u.tith the object of Lrclping the fanner to deuelop high cellulose and resistance pouter in the plants meets the parameters to quahfy as bio-nutient. The petitioners shall cooperate in dratuing the samples. Until the exercise as directed aboue, is completed, subject of course to petitioners submitting applications uithin the time stipulated aboue ond in compliance of requirentents of Clause 5 of the order dated 23.02.2O21 of the Gouernment of India, petitioners are entitled to manufacture and distibute as contemplated by Clause 4 of the order dated 23.02-2021. Hou.teuer, it is alutogs open to the competent authoitA to uertfg uhether the products rnanufacture and

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PMD,J W.P No 8135 of 2023

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distributed bA the^petitioners are in compliance uith the stotutory requirements and toke action as uarranted by lau."

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Learned Assistant Government Pleader for Agriculture appearing for respondents No.1 and 2, has also confirmed the said submission.

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In terms of the aforesaid order and for the reasons alike, this Writ Petition is also disposed of at the admission stage in terms thereof. There shall be no order as to costs.

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Miscellaneous applications, if any pending, shall also stand closed.

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SD/.N.CHANDRA^SEKHAR o ASSISTANT REGI RAR

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//TRUE COPY//

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SECTION FFICER

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