The High Court of Telangana disposed of a writ petition challenging interference with the petitioner's bio-product manufacturing and distribution. Relying on previous common orders allowing operation under a 2021 government order and pending compliance/sampling, the court dismissed the petition as covered by existing precedents.
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)
THURSDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 6119 OF 2024
Between:
M/s, Suharshika Crop Organics, Rep. by its Proprietor, N. Mahesh S/o. Anjaiah, Aged 35 years, R/o. D.No. 5-63, Kothagudem Village, Ramannapet Mandal, Laxmapuram -508 1'13, Nalgonda District, Telangana State. Factory at . Plot No. 50, Ground Floor, Sreeram Colony, Kuntloor, Hayathnagar, Ranga Reddy District- 501 505,Telangana State. Marketing in Telangana State through, M/s. Vision AgroLife Private Limited, H.No. 5-69/1 13, Reddy Colony, Opp. HMDA Layout, Thumkunta, Shamirpet Mandal, tvledchal-Malkalgiri, Hyderabad-500 078, 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 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 interferingwith manufacturing, sale and distribution of bio-products/bio-stimulants ofpetitioner- Firm, viz, Tejas, Veenus, Attack, Cotton Gold, 6teen, Ruchi Gold, AnanyaGold, Sonam, Dramond Plus, Tavera, Fresh up, Super Attack,Focus Plus, Vision Flora, Rider, Jordar, Hexo-Bull, Jodi No.1, Kabaddi, 9-All, Shine, Super-Max, Mega-Power, Tempt, Krush, Shoot Out,Super Diamond,Target, Super Bhoom, Lucky, Honey, Ultra Terminator, Allin One, Finish, Spot Out,Ultimate,Turbon, Pavana-Putra, Ultra Power, Astram,ChaitwikGold, ChokkiStar, Extra Rapid,
High Revenge, Hexa Guard plus, Dare, LlT, proton plus 3, Bloomer, Radar and Patera, by issuing l\ilemo No. Pp.ll(i )2085t2o0s, dated 21-01-2006 and Letter No. PP.ll(1)2085/2005, dated 21-o1-2006, and in the absence of notification prescribrng 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 dea lers/stockists under the lnsecticides Act, lg6g and the Fertilizers control (Order) Act, 1985.
l.A.NO:'l OF 2024
Petition Under section 151 cpc praying that in the circumstances stated in the aff idavit 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-stimurants of petitioner-Firm, viz., Tejas, Veenus, Attack, Cotton Gold, 6teen, Ruchi Gold, Ananya Gold, Sonam, Diamond plus, Tavera, Fresh up, super Attack, Focus prus, Vision Frora, Rider, Jordar, Hexo-BuI, Jodi No.1, Kabaddi, 9-All, Shine, Super-Max, Mega_power, Tempt, Krush, Shoot Out, Super Diamond, Target, Super Bhoom, Lucky, Honey, Ultra Terminator, All in One, Finish, Spot Out, Ultimate, Turbon, pavana_putra, Ultra power, Astram, Chaitwik Gold, Chokki Star, Extra Rapid, High Revenge, Hexa Guard+, Dare, Llr, Proton+3, Bloomer, Radar and patera incruding from the ricensed premises of the dealers, stockists, under the lnsecticides Act, 1968 and the Fertilizers Control (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 made the following ORDER
1
W
THE HONOURABTESRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITI oN NO.6ll?oF 2024:
ORDER:
Heord leornedcounsel for the petitionerond leorned GovernmentPleoderforAgricultureoppeoringforthe respondents.
"l l. ln viewthereof,lhe Writ Petitionsore disposed of ,gronting liberly to the peiilioners to moke oopri.otioniin complionce with the requirement of ciJrt" S ofthe order of lhe Governmentof lndio' beoringNo.S.O.882(E). doled 23'022021 'wilhin two irr *"".rt from the doleof receiptof copy of lhis [Oer. tf suchopplicotlonsore mode wilhin lhe lime Jpuloted obove,the compelentouthority. .sholl orocess the someond if solisfied'to issueprovisionol 6.riiti."t. ofRegistrotionin Form G-3' withinfour(4) weeks thereofler.
2
mentioned therein, this Wrii petition is olso disposed of. There
sholl be no order os lo costs.
As o sequel thereto, miscelloneous qpplicofions, if ony,
pending in the writ petition stond closed.
SD/-A.V.S. PRASAD ASSISTANT GISTRAR
/
//TRUE COPY//
SECTION OFFICER
To
SA BS $
HIGH COURT
DATED:071O3t2024
ORDER
WP.No.6119 of 2024
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DISPOSING OF THE W.P
WITHOUT COSTS.
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2 issues framed by the court
Whether the petitioner's interference with bio-products manufacturing is illegal and arbitrary in light of previous Common Orders.
Whether the petitioner is entitled to continue manufacturing and distribution of bio-nutrients pending completion of regulatory sampling.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
M/s. Suharshika Crop Organics, Rep. by its Proprietor, N. Mahesh
State of Telangana, Rep. by its Principal Secretary, Agriculture and Cooperation Dept.
Commissioner and Director of Agriculture, State of Telangana
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
