M/s. Jp Agri Crop Care Vs The State of Telangana

M/s. JP Agri Crop Care, Rep. by its Proprietor, K. Janapathi Rao, S/o. K. 9.ammaiah,^{agqd 33 years, R7o.D N6. i6-i06,Up[eduGoiligudem,} Venkatapuram Mandal, Mulugu District, Telangana Siate.

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igqtqry^{at D-No.1B-B-2541N1163,Bharath Rathna Cotony, Kanchanbagh-SO0} 058, Hyderabad, Telangana State.

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Qffice^{qt D,No.6-3-213,Hastihapuri, AmmugudaVillage, Kapra Mandat,8th} Street, Medchal-Malkajgiri Districi -500 058, ietangana-State.^'

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..PETITIONER

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AND

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f .^iThe State of Telangana, Rep. by its Principal Secretary, Agriculture and Cooperation Dept., Secretariat, Hyderabad_

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The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B.Stadium, Basheerbagh, Hyderabad, Telangana State.

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...RESPONDENTS

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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 petitionerFtm, viz., Devil, Killer, Rudra3g, Danger, Agniputra, Ghost, FIy, SStar, DNA1, DNA2, Cobra, Mosquito, Gayrela, Kagar, Neem, Lily, Spot, Dharani, Relax, Risk, Dewfact, Greenflower, Allout, Mad, Cherry, Korag, Nimavit, Mission, Shaktiboom, Jeevabindu, Fanta, Hunter, Kalki 116, Nasa, Kavacham, Janu, Jeevaraksha and Vruksharaksha, which contains Anti Transpirants, pressmud, Chitine and Egg Shell and are also not covered under the lnsecticides Act,^.1968 and not included in Schedule-Vl of the Fertilizers Control (Orde| Act, 1985, by issuing Memo No.

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&

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PP.ll(1)21852005, dated 21-O1-2006 and Letter No PP.ll(1)2085/2005, dated 21-01-2006, and in the absence of notification prescribing the standardsⁱⁿ Schedule-Vl, as being illegal, arbitrary, u ncon stitutiona l, and direct the 2nd respondent not to interfere wrthin any manner in selling and distribution of bioproducts/ bio-stimular ts including from the licensed pri3mises of the dea le rs/stockists underr the lnsecticides Act, 1968 and the Fertilizers Control(Order) Act, 1 985.

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lA NO: 1 OF 2025

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Petition under Sr:ction 151 CPC ,praying that in the circumstances stated in the affidavit filed in s upport of the petition, the High Court may be^pleased to direct the 2ndrespondent not to interfere with man ufactr-rring, sale and distribution of bio-prod ucts/bio-stimulants of petitioner-Firm, viz., Devil, Killer, Rudra3g, Danger, Agniputra, Ghosf Fly,SStar, DNA 1, DNA2, Cobra, lt/losquito, Gayrela, Kagar, Neem, Lily, Spot, Dharani, Relax, Risk, Dewfact, Greenflower, Allout, Mad, Cherry, Kr:rag, Nlmavit, Mission, Shaktiboom, Jeervabindu, Fanta, Hunter, Kalki 116, Nasa, Kavacham, Janu, Jeevaraksha Vruksharaksha, which contalns Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the lnsecticides Act,^'1968 and not included in Schedule-Viof the Fertilizers Control (Ordt:r) Act,^'1985, including from the licensed premises of the dealers, stockists, undr:r the lnsecticides Act, 1968 and the Fertilizers Control (order) Act, 1985, pending disposal of the above Writ petition.

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

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Counsel for the Respondents: GP FOR AGRICULTURE

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The Court made the following: ORDER

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.rii*".

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

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IIIRIT PETITION No. L942a OF 2O2S

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ORDER:

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This Writ Petition is hled for the following relief:-

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". . . to issue a Writ, order or direction more particularly one in tl:e nature of Writ of Marrdamus, declaring t].e action of the 2"d respondent in interfering witl manufacturing, sale and distribution of bioproducts/bio-stimulants of petitioner hrm, viz., Devil, Killer, Rudra3g, Danger, Agniputra, Ghost, Fly, SStar, DNAI, DNA2, Cobra, Mosquito, Gayrela, Kagar,^Neem, Lily, Spot, Dharani, Relax, Risk, Dewfact, Greenflower, Allout, Mad, Cherry, Korag, Nimavit, Mission, Shaktiboom, Jeevabindu, Fanta, Honter, Ka-Iki 116, Nasa, Kavacham, Janu, Jeevaraksha & Vruksharaksha, which contains Anti Traaspirants, Pressmud, Chitine and Egg Shell ald^are also not covered under the Insecticides Act, 1968 and not included in Schedule-Vl of the Fertilizers Control^(Order) Act, 1985, by issuing Memo No.PP.II(1)2085/2005, dated 2l.Ol.2006 and letter No.PP.III1)2085/2005, dated 2l.Ol.2006, and in the absence of notification^prescribing the standards in Schedule-Vl, as being illegal, arbitrary, unconstitutional, and direct the 2'd respondent not^to interfere within any marner in selling ald distribution of bio-products/bio-stimulants including from the licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control^(Order) Act, 1985."

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Heard'learned counsel for the petitioner and learned

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Government Pleader for Agriculture appearing on^behalf of the respondents. Perused the^material available^{on record.}

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It is submitted by the learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order of this Court dated

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IO.07.2075 in W.P.No.25293 of 2074 and batch, as modified b1' the Division Bench of this Court in W.A.Nos.1 i22 and 1 136 of 2016, dated O3.ll.2016. Further, this Court, whiie disposing of W.P.No.,t8 of 2O2l and batch^v.de common order dated O7.O9.2O21, heid as under:

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' 1 1- In view thereof, the Writ Petitions are disposed of, granting liberty to the petitioners to make applications in compliarLce with the requirement of Clause 5 of the order of the Gr>vernment of India, bearing No.S.O.882 (E,), dated 23.03.2A21, within two (02) weeks from the date o:l receipt of copy c,f this order. If such applications are made within the time stipulated above, the competent authority shall process the sanie and if satisfied, to issue provisional Certihcat.e of Registratron in Form G-3, within lour (4) weeks thereafter.

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It is made clear that the competent autlority is entitled^t o collect samples in compliance of Patt-C of the order dated 23.O2.2O2I and test the compatibilitrz of the products rnceting tJle parameters to be marketed 2 as bionutrients , before granting t-lle provisional Certifi cate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bio-nulrient with the object of helping the farmer to develop high cellulose ard resistance power in tJre plalts meets the pararnet€rs to qualify as a bio-nutrient. The petitioners shal1 co-operate in drawing the samples. Until the cxercise as directed above, is completed, subject of course to petilioners submitting applications within tllr: time stipulaterl above and in complialce of requirements of Clause 5 of the order dated 23.O2.2O21 of the Government of India, petitioners are entitled to manufacture and distributr: as contemplated by Clause 4 of the order dated 23.02.20'),1. However, it is always open to the competent authonty to verify whether the products manufactured and distributed by the petitioners are in compliance with the statutory requirements and take action as warranted by 1aw".

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