Disposed

M/s. Vermin Solutions and Drip Irrigation Systems v. The State of Telangana

Telangana HC13 Mar 2024WP/6583/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging interference with the petitioner's bio-products business. The court relied on a previous common order (W.P. No.35650 of 2022) and directed respondents to consider the petitioner's representation in light of that earlier judgment without costs.

What did the court decide?

Writ petition disposed of with direction to respondents to consider representation in light of W.P. No.35650 of 2022.

M/s. Vermin Solutions and Drip Irrigation Systems… — Service and Employment | Telangana HC (2024)

¶1

[³³⁰⁰ ]

¶2

HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

WEDNESDAY, THE THIRTEENTH DAY^{OF MARCH} TWO THOUSAND AND^TWENTYFOUR

¶5

PRESENT

¶6

THE HONOURABLE^{SRI JUSTICE NAGESHBHEEMAPAKA}

¶7

WRIT PETITIO N NO:^{6583 OF 2024}

¶8

Between:

¶9

lt//s. Vermin Solutions^{and Drip lrrigation Systems,Rep. by. its- Proprietrix,} Smt.^p. SanOnya,^{W/o. P. Mahipal Reddy,Aged5.1. years, Fl/o.D' No 5- 9-} lai*. aagnav'a kalyan Estate,^{street No. 10, Sainikpuri,-Hyderabad-500} 094, felan"gana Stat'e.^{Factoryand Officeat Plot No.42, Phase- ll, Survey} No.'186/411 E. C. Nagar, Chtlrlapally,^{I\iledchal- MalkajgiriDistrict- 500 051'} Telangana State

¶10

...PETITIONER

¶11

,AND

¶12

1 The State of Telangana, Rep. by^{its Principal Secretary, Agriculture and Co-} operation Dept. , Secretariat,^Hyderabad.

¶13

2 The Commissioner and Director^{of Agriculture,Stateof Telangana, Opp. L. B} Stadium, Basheerbagh, Hyderabad,^{TelanganaState.}

¶14

...RESPONDENTS

¶15

Petition under Article 226 of^{the constitutionof lndia prayingthat in the} circumstances stated in the^{affidavitfiled 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^{actionof the 2"d Respondentin interferingwith} manufacturing, sale and distribution^{of bio- products/bio- stimulantsof petitioner-} Firm, viz. , lnncee08- Gel,^{Innceeo8-L, lnncee08-G, Drosophila Solutions,Sun-} 1 8, Ocean- 06, Moon- 19,^{TandMSolutions,by issuing MemoNo' PP'} ll(1)2085/2005 , dated 21-^{01- 2006 and LetterNo. PP. ll(1} )2085/2005,^dated21- 01- 2006, and in the absence^{of notification prescribingthe standards,as being} illegal, arbitrary, unconstitutional, and direct^{the 2nd respondentnot to interfere} with in any manner in selling and distribution of^{bio- products/bio- stimulants}

¶16

1 I

¶17

¶18

including from the !icensed premises of the dealers/stockists under the lnsecticides Act,^'1 968 and the Fertilizers Control^(Order) Act, 1985.

¶19

lA NO: 1 OF 2024

¶20

¶21

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^{petition, the HighCourt may be pleased to} direct the 2nd respondent not to interfere with manufacturing, sale and distribution of bioproducts/bio- stimulants of petitioner- Firm, viz. , lnncee08- Gel, lnncee08- L, lnncee08- G, Drosophila Solutions, Sun- 18, Ocean- 06, lvloon-^'19, TandM Solutions includrng 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.

¶22

Counsel for the Petitioner: SMT. B. V. APARNA LAKSHMI

¶23

Counsel for the Respondents: GP FOR AGRICULTURE

¶24

The Court made the following: ORDER

¶25

I i I )

¶26

i 1

¶27

THE HON'BLE^{SRI JUSTIC E NAGESHBHEEMAPAKA}

¶28

WRIT PETITI oN^{NO.6s83 0F 2024}

¶29

ORDER:

¶30

The present writ^{petition filed by the petitioner for} following relief:

¶31

"to issue a^{WitOrder orDirection more} partiatlarlll one in the^{nafitre of Wit of Mandamus} ZidoAng the^{actionofthe 2"dRespondent in} i;;ri.;:;g^{u.tith manufactuinq,sale and distibution qf} Lii^{'prodrdt/biostimulantsof petitioner-Fi^} -uy inn"i,"OA Gel^{lnnceeos-L, lnnceeos-G,Drosophila,} soi"i-"., Sun-18,^{Ocean-06,Moon-19,ryf!^} ^Y ioizioru, bu^{issuinq MemoNo'PP' (1)2085/2Oo5'} aarca zi-ol-zoo6^{and Letter No PP'il(1)2085/2005'} iit"a zl-ol-zoo6^{and in the absenceof notiftcation} prescibinq the standards^{as beinq illeqal arbitraru} 'unanstitulional and direct the N respond'ent not to interfere uith^{in anu manner in sellinq and distibution} 6J bio^{products/ bio stimulontsincludinq fromthe} ii.ro.a'^{premisesof the dealers/s'ockists underthe} Iiecticides^{Act 1968andthe Fertilizers Control Order} Act 1985 and^{pass such other order or orders" '}

¶32

Smt B.V. Aparna^{Lakshmi,learned counsel for the} submits that a^{memowas issuedon 2l 'Ol '2006} petitioner, stating that^the bio-products^{are not covered eitherunder} Insecticides Act, 1968 or under^{FC (Order) Act, 1985, and} certain instructions^{are issued, whichreads as under:}

¶33

Since these^{Bio-Products are not covered under} Insecticides Act, L968, FCO 1985, the stocking/ exhibiting^forsale from the licensed premises is not Permitted.

I i I 4 _.i

,:f'P-

In case of those units for which marketing permission was already accorded, the Joint Directions of Agriculture are instructed to permit the units to Iiquidate the existing stocks u,ithin (45) days i.e., before 10.03.2006.

¶38

Joint Director of Agriculture are requested to give wide publicity in this regards arnong aI1 the dealers / distributors.

¶39

Learned counsel for the petitioner submits the petitioner has already made a representation to the respondents. which was acknowledged by them on lO.lO.2022. It is submitted that the issue in this Writ Petition is squarely covered by the order dated 14.09.2022 in Writ Petition No.35650 of 2022, wherein this Court considered the issue at length, which reads thus:

¶40

"2. It is submitted by learned counsel for the petitioner that the subject matter of this writ petition is squareiy covered by the common order passed by this Court in W.P.No.25293 of 2Ol4 a;rd batch, dated 10.07.2015, as modified by the Division Bench in W.A.Nos.ll22 and 1136 of 2016, dated 03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2021. and batch vide common order dated 07 .O9.2021 , held as under:

¶41

¶42

' I 1 . ln view thereof, the Writ Petitions are 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.882^(E), d,ated 23.02.2O21, within two (2) weeks from the date of receipt of copy of this order. If such applications are made within the time stipulated above, the competent authority sha1l process the same and if satislied, to issue provisional Certihcate of Registration in Form G-3, within four (4) weeks thereafter.

¶43

¶44

It is made clear that the competent authority is entitled to collect samples in compliance of Part-'C' of the order dated 23.02.2021 and test the compatibility of the products meeting the parameters to be marketed as bio-nutrients, before granting the provisional Certihcate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bio- nutrient with the object of helping the farmer to develop high cellulose and resistance power in the plants meets the parameters to qualify as a bio-nutrient. The petitioners shall cooperate in drawing the samples. Until the exercise as directed above, is completed, subject of course to petitioners submitting applications within the time stipulated above and in compliance of requirements of Clause 5 of the order dated

¶45

¶46

23.O2 .2021 of the Government of India, petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021. However, it is always open to the competent authority to verify whether the products manufactured and distributed by the petitioners are in compliance u,ith the statutory requirements and take action as warranted by law."

¶47

In terms of the aforestated orders and for the reasons mentioned therein, this Writ petition is a-lso disposed of in terms thereof.

¶48

In view of the above, the Writ petition is disposed of directing the respondents to consider the representation in the light of the orders passed by this Court in W.p.No.3565O of 2022 dated 14.O9.2022. No order as to costs.

¶49

Miscellaneous applications, pending if any, shall stand

¶50

closed.

¶51

sD/-^p pAByf,ufB#tfjRiI //rRUE copytt

¶52

secrr#orrrcen

¶53

To, secrr#orrrcen 1 2 iii Si#^{3?'':[TE:,Hfl?!:y#::'".co- operarionDepr secretariar,} 3 4. tr#riffi^{H,'','#'i$t**,j,i$,"'#ffi,:;"} TJ

¶54

GJP d\P

\ I

HIGH COURT

DATED:1310312024

ORDER

WP.No.6583 of 2024 ';.-
!q

¶61

DISPOSING OF THE WRIT PETITION

¶62

WITHOUT COSTS.

¶63

,nt$$

M/s. Vermin Solutions and Drip Irrigation Systems v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M/s. Vermin Solutions and Drip Irrigation Systems v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mohd. Iqbal Ali Vs The Director of Agriculture Marketing Dept

Prop, M/S.Microl Remedies, Rr District Vs Commr and Director of Agriculture, Hyderabad and Another

Bollineni Ravindranath Vs The State of Telangana and 3 Others

Thakur Prakyath Singh Vs The State of Telengana

J.J.Ilesh, , Ilaiah, S/o Peddulu, Vs Central Power Distribution Company of Andhra

M/S. Viswas Security Force, Rep.by M.Partner, Khammam. Vs the Singareni Collieries Co.Ltd.,Rep.by Md.,Hyderabad, and 5