On April 18, 2024, the High Court disposed of Writ Petition No. 6942 of 2024 seeking a writ of mandamus against the 2nd respondent's restriction on bio-products without standard notifications, relying on a prior common order.
Writ petition disposed of without orders on costs; miscellaneous applications pending in the writ petition stood closed.
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 COURTFOR THE STATEOF TELANGANA AT HYDERABAD
(SPecial Original Jurisdiction)
MONDAY, THE EIGHTEENTHDAY OF MARCH TWO THOUSANDANDTWENTYFOUR
PRESENT
THE HONOURABLESRI JUSTICE NAGESHBHEEMAPAKA
WRIT PETITIO NNO:6942OF 2024
Between:
M/s. NchemSctences,Rep. by itsProprietor'DBalqlama {aj' 5iJ.o.srw'r-'.rrryrn,nr1r, ngei st y6ars, R/o H No'67, Nagarju-na .Enclave'Bus E"lv arii6;s,H,tiyrprr,sieiiiin"samparlv,-R-airga Reddv District - 500 046' Telangana 5irie.-;;;i;il ,,id'oni"",i lo.ub. z-2rgt-aod e2-par7, Maktha Mahaboobpeta, ili;ilr;,;y;6,Jio,Rang,Reddv District - 500 049, Telansana State'
.....PETITIONER
AND
.....RESPONDENTS
Petition UnderArticle226 of lhe constitution of lndiaprayingthat in the circumstancesstatedin the affidavit filed therewith, the High Court maybe pleased to issue a Writ, Orderor Direction,more particularlyone in the nature of writ of Mandamusdeclaringthe actionof the 2nd Respondentin interfering with manufacturing, saleand distributionof bio-products/bio-stimulantsof petitioner- Firm, viz., PomegSpl, Man Cas Spl,Pal Coc Spl, Killer' PowerKiller' Neem Roots, N-Growth,Superior, Relief, Boom, Nano-Sil,Hydroper' Raksha' Unionor' Plus,Winner,Twister,BioFocusandPower,byissuingMemoNo' pp.|(1)208512005, dated 21-O1-2006 and LetterNo. PP.ll(1)2085/2005,dated 21-o1-2006, and in theabsenceof notification prescribingthe standards,aS being illegal, arbitrary,U nconstitutiona l' and direct the 2nd respondent not to interfere with inany mannerin selling and distribution of bio-products/bio-
Stimulants including from the licensedpremises ofthe d ea lers/stockists under the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act,1985. l.A.NO:1 OF 2024
Petition Under Section 151 CPCprayingthat in the circumstancesstated in the affidavit filed in support of thepetition,the High Court may be pleased to direct the 2"d respondent not to interferewith manufacturing,saleand distribution of bio-products/bio-stimulants ofpetitioner-Firm,viz., PomegSpl, Man CasSpl, Pal Coc Spl, Killer, Power Killer, NeemRoots, N-Growth, Superior, Relief,Boom, Nano-Sil, Hydroper, Raksha, Unionor,Plus, Winner, Twister,Bio Focus and Power, including from the licensedpremisesof the dealers, stockists, under the lnsecticides Act, 1968 and the FertilizersControl (order) Act, 1985,pending disposal of the above writpetition.
Counsel for the Petitioner : SMTB.V.APARNALAKSHMI
Counsel for the Respondents: AGP FORAGRICULTURE
The Court made the following ORDER
1
THE HONOURABTE SRI JUSTICE NAGESH BHEEMAPAKA
W IT PETIII N NO.6942 ot2 24
ORDER
Heord leorned counsel for the petitioner ond leorned Government Pleoder for Agriculture oppeoring for the respondents.
I
"lL ln view thereof, the Writ pelitions ore disposed of. gronting Iiberty to the pelitioners io moke opplicotions in complionce wiih the requirement of Clouse 5 of the order of the Government of lndio, beoring No.S.0.882 (E), doted 23.02.2021 , within two (2) weeks from the dote of receip.t of copy of this order. If such opplicotions ore mode within the time slipuloted obove, the compelent outhorify sholl process the some ond if solisfied, to issue provisionol Certificote of Regiskotion in Form G-3. within four (4) weeks lhereofter.
2
meniioned lherein, this Writ petition is olso disposed of. There sholl be no order os to costs.
As o sequel thereto, miscelloneous opplicotions, if ony,
pending in the writ petition stond closed.
SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR ,TRUE COPY/I C ,/
^/ SECTIOVOFFICER
To
SA GJP rRp
HIGH COURT
DATE D: 1 810312024
ORDER
WP.No.6942 of 2024
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DISPOSING OF THE W.P
WITHOUT COSTS.
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2 provisions across 2 enactments
M/s. Nchem Sctences
State of Telangana
Nageshbheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
