Disposed
M/s. Credence Crop Care v. The State of Telangana
Telangana HCWP/5805/2024
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 5805 OF 2024
Between:
M/s. Credence Crop Care, Rep- by its Proprietor, D. Praveen Kumar, S/o. D. Prasad, aged 35 years, R/o. D.No. 5-1 1-18213, Maruthi Nagar, Mushampally Road, Nalgonda -508 001, Telangana State. Factory at. Plot No. 12, Sy.No.'15 and'16, Anumagal Village, Hayathnagar Mandal, Ranga Reddy District - 501 505, Telangana State. Office at. Plot No. 47, D.No. 16-611746147 BWP, New Municipal Colony, Nadergul, Badangpet, Ranga Reddy District, 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 in interfering with manufacturing, sale and distribution of bio-products/bio-stimulants of petitionerFirm, viz., Vishista, C-Zyme, Antracool, Aminos, Pollen, Floret, Pistol, Vanish Plus, Credence Terminator, Mosaic, Predator Plus, Geckos, Mantra, Kick-Off, Commander, Arangard, Caliber, Mission Mite, Mite-47, Block Buster, SuperDuper, Credence Missile, Credence Power, C-Boss, Marvel-Plus, Vulture-V, Credence Ustaad, Shark, Octagon, Boomex, Soldier, Root Booster, Credence Emerald, Explore, Credence Rise, Dynamic, Credence Ambassador, Rudheera, Simba, Barosa, Credence Major, Libra and Nihan-Raksha, by issuing Memo No.
PP.ll(1)208512005, dated 21-01-2006 and Letter No. pp.[(j)2085/2005, dated 21-01-2006' and in the absence of notification prescribing the standards, as being illegal, arbitrary, u nconstitutiona l, and direct the 2nd respondent not to Interfere with in any manner in seIing and distribution of bio-p rod ucts/biostimulants including from the ricensed premises of the dearers/stockiest under the lnsecticides Act, 1968 and the Fertirizers contror (order) Act, 1 9g5. I.A.NO:1 OF 2024
Petition under section 15, cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the 2nd respondent not to interfere with manufacturing, sare and distribution of bio-products/bio-stimurants of petitioner-Firm, viz., Vishista, c-zyme, Antracool' Aminos,poIen, Froret, pistor, vanish prus, credence Terminator, Mosaic, Predator Prus, Geckos, Mantra, Kick-off, commander, Arangard, caliber, Mission Mite, t/ite-47, Brock Buster, super-Duper, credence Missire, Credence Power, C-Boss, Marvel_plus, Vulture_V, Credence Ustaad, Shark, Octagon, Boomex, Soldier, Root Booster, Credence Emerald, Explore, Credence Rise, Dynamic, Credence Ambassador, Rudheera, Simba, Barosa, Credence Major' Libra and Nihan-Raksha incruding from the ricensed premises of the dealers, stockists, under the rnsecticides Act, 1g6g and the Fertirizers contror (order) Act, 1985, pending disposal of the above writ petition.
Counsel for the Petitioner : M/s B.V.APARNA LAKSHMI
Counsel for the Respondents : Gp FOR AGRICULTURE
The Court,rnade the following ORDER
W "-t
THE HON'BLE SRI JUSTICE NAGESHBHEEMAPAKA WRIT PETITION No.58O5 of 2024
ORDER:
This writpetition has been filed by thepetitionerseeking
the foliowingrelief:
" .. .to isszze a Writ Order or Direction more particttlarlg one in the nature of Writ of Mandamus declaring the action of the 2'drespondent ininterfeing uith ntonufacturing sale and distribution ofbio- products/ bio-stitnulants of petitioner-Finn, uiz., Vishista, C-Zyme, Antracool, Aminos, Pollen,Floret, Hstol,Vanish Plus, Credence Tertninator, Mosaic, PredatorPlus, Geckos, Mantra, I<ick-Off, Commander,Arangard, Caliber, Mission Mite, Mite 47, Block Buste4 Super-Duper, Credence Missile, Credence Pou-ter, C-Boss, Maruel-Plus, Vulture-V, Credence Ustaad, Sl:.ark, Octagon, Boomex, Soldier, Root Booster, Credence Ernerald,Explore, Credence Rise, Dynamic, Credence Ambassador, Rudheera, Sirnba, Barosa, Credence Major, Libra anrl Nilnn Rak-sla, bg issuing MemoNo.PP.II(1)2OA5/2OO5, dated 21.O1.2006 and Letter No.PP.II(1)2085/ 2OO5 dated 21.01.2006 and in the absence of notificationprescibing the standards, as being illegal, arbitrary, unconstitutiona\ and direct the 2d respondent not to interfere uith in anA manner in selling and distribution of bio products/ bio stimulants including from th.e licensed premises of the dealers/ stockists under tLe Insecticides Act, 1968 and tle Fertih-z,ers Control(Order)Act, 1985".
It is subrnitted by learned counsel for the petitioner that the subject rnatter of this writ petition is
2
squarely covered by the common order passed by this Court in W.p.No.25293 of 2OI4 and batch, dated 1O.07.20I5, as modified by the Division Bench in W.A.Nos. It22 and 1136 of 2016, dated 03. |I.2OL6. Further, this Court, while disposing of W.p.No.4B of 2O2l and batch vide cornmon order dated O7.O g.2O2l, held as under:-
" 1 1. In uieut thereof, the Writ petitions are disposed of, granting Hierty-to-ri" iJiiri""ers to make applications u7 compliance with the requirement of Clause S of the order of the Gouemment of Indi.a-,. t""ing'--u"lslo.saz @), dated 23.o3.2o21. utttiin t*" i6zi*J"is Vom tne dat1. of receipt'of copg of this' ord.er.- If such apptications are ma.e- iottiin ih.-;;; sdpulated 1!oue,fite. competent .authoitg in"li'ir"cess the same and. if satisfied. lo issue proufstonil Certificate thereafi.er.of Registration ii Foirrn G_3, ittt"i"ii", (4) uteeks
3
Until the exercise as dtrected. aboue, is completed., subject of coltrse to petitioners submitting applications utthin the time Ztipulated aboue and in cgmeliaryy of requirements of Clau"e S of the ord.er dated 23.O2.2O2 I of the Gouer.rtment of India, petitioners are entitted to manufacture and distribute as contemplated bg Ctausi 4 of the ord.er dated 23.O2.2O21. Howeuer, ii is always ipen to the competent authoritg to uertfy whether the products manufactured and distributed. bg the petitioners are in compliance uith the statutory reqiirements and. take action as Luarranted bg tawr.
As a sequel, the rniscellaneous applications, if any, pending in the Writ petition shall stand closed.
To
SD/.A.V.S. PRASAD //TRUE COPY// ASSTSTANT EE\ctsTRAR / V SECT]ON OFFICER
SA
BS $
HIGH COURT
DATED:0510312024
ORDER
WP.No.5805 of Z0Z4
i ,., 1 4 i'tAH 2li4
DISPOSING OF THE W.P WTTHOUT COSTS. ..9. - (c\c<'-' :/ ?vv4^
I L
M/s. Credence Crop Care, Rep- by its Proprietor, D. Praveen Kumar
The State of Telangana, Rep. by its Principal Secretary, Agriculture and Co-operation Dept.
The Commissioner and Director of Agriculture, State of Telangana
NAGESH BHEEMAPAKA
As recorded by the court registry
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