The High Court of Telangana disposed of a writ petition challenging state restrictions on bio-products at the admission stage, relying on a prior common order requiring registration under the 2021 Government order.
The writ petition was disposed of at the admission stage based on the principle of the earlier common order; no order as to 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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION NO: 8138 OF 2023
Between:
M/s. Sri Rama Organics, Rep. by its Proprietor, M. Bixam S/o. M. Sariram, aged 31 years, R/o. D.No. 0-21lA, Dubba Thanda, Thungathu(hy lMandal, Gattuparthi, Nalgonda District-SO8 280, Telangana State. Factory and Office at: D.No. 3-B-191, Ground Floor, Plot No. 25, Road No 4, Chandrapuri Colony, L.B.Nagar, Hyderabad, Telangana State.
...PETITIONER
AND
...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 Writ of Mandamus declaring the action of the 2nd Respondent rn interfering with manufacturing, sale and distribution of bio-products/bio-stimulants of petitionerFirm, viz., Bazooka Plus, Vaaradhi, Safari, Gambir Plus, Super Express, Missile. Miracle, Spider, Delight, Nutri Gold, Supreme, Relax, Mitex, Flower Special, Organic, Boxer, Cobra, Leader, Bullet and Garuda, by issuing Memo No. PP lt(1)208512005, dated 211011200O and Letter No. PP.ll(1)2085/2005, dated 211O112006, and in the absence of notification prescribing the standards, as being illegal, arbitrary, u nco nstitutional, and direct the 2nd respondent not to interfere with in any manner in selling and distribution of bio-products/bio-stimulants including from the licensedpremises of the dealers/stockists under the lnsecticrdes Act, 1968 and the Fertilizers Control(OrdeQ Act, 1985.
lA NO: 1 OF 2023
Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the 2nd respondent not to interfere with manufacturing, sale and distributionof bio- products/bio-stimulants of petitioner-Firm, viz., Bazooka Plus, Vaaradhi, Safari, Gambir Plus, Super Express, Missile, Miracle, Spider,Delight,Nutri Gold, Supreme, Relax, Mitex, Flower Special, Organic,Boxer,Cobra., Leader, Bullet and Garuda, including from the licensedpremises of the dealers, stockists,underthe lnsecticides Act, 1968 and the FertilizersControl (order)Act, 1985, pending disposal of the above Writpetition.
Counsel for the Petitioner: M/s. B.V.APARNALAKSHMI Counsel for the Respondents: AGP FORAGRICULTURE
The Court at the admission stagemade the following:ORDER
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.8l38 of 2 023
ORDER:
This Writ Petition has been filed seeking a Writ of Mandamus declaring the action of the 2"d respondent in interfering with the manufacturing, sale and distribution of bio-products/ bio-stimulants of petitioner-Firm, by issuing Memo No.pp.ll(l)20BSl2OOS, dated 2l.Ol.2006 and Letter No.PP.ti(1)2O85l200S, ctated 21.01.2006 as illegal and arbitrary and consequenllv to direct the 2,,d respondent not to interfere with the manufacturing, salc and distribution of bioproducts/bio-stimulants of petitioner- Firm a.d to pass such other order or orders.
PMI),J W. P.No.8l38 or 2023 2
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premises u'ill n.t bc permittecl, therefore, the present writ petition is filed
" I 1 . h. ure'tL, tltt.r t:ct.l , tlte Vlil petittons are disposed of, granting Liberlll lo thc pclttiolters lo make applicotions in compliance with tl'te reqrtit crne tt ctf Olrruse: 5 of the order of the Gouentment of India, l:aLu'inq Ar;. S.O.8821E/, dated 23.O2.2O21, tuithin two (2) tueel.-s .lir ttn tht: dol<t ol receipt of copy of this order. If such applicatio'ts are,, rnorle ruithin the time stipulated aboue, the competetlt ttuthority.shrri/ process the same and if satisfied, to lssue. pro,istonol L-erti-licrtte of Registration in Form G-3, u-tithin four l4)ttL'c)t s tht'rettJier.
PMD,J W.P.No.8l38 of 2023
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distibuted bA the petittoners are in compltance tuith the statutory requirements and take action os waftanted bg law."
Miscellaneous applications, if any pending, shall also stand closed.
To
//TRUE COPY//
SD/. T. TIRUMALA DEVI ASSISTANT REGIS/RAR { / SECTION OFFICER
HIGH COURT
DATED:1110412023
ORDER
WP.No.8138 of 2023
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DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS.
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2 issues framed by the court
Whether the writ petition challenging the restriction on manufacturing, sale and distribution of bio-products is to be disposed of at the admission stage based on a prior common order.
Whether the petitioner is entitled to be treated in accordance with the order dated 23.02.2021 of the Government of India regarding bio-nutrient registration.
M/s. Sri Rama Organics
The State of Telangana
The Commissioner, and Director of Agriculture, State of Telangana
P. Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
