Telangana High Court
M/S. Green India Agritech vs The State Of Telangana And Another on 12 October, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.38148 of 2022
O R D E R:
This writ petition is filed seeking the following relief:
" ...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 petitioner-Firm, viz., Jai Kisan, Kohinoor, Jeevadhara, Vujwal, Viswadhara, Shourya, Green Galaxy, Asha Kiran, Shakthiman, Bhu Sanjeevani, Sarpanch, Bhumiputhra, Diamond, Target, Valcano Sil, Green Grow, Orgo Potash, Grow Plus, A to Z, Sanjeevani, Dhanush, Blaster, Expert, Javan, Promise, Dr. Soil and White Gold, by issuing Memo No.PR.II(1)2085/2005, dated 21-01-2006 and Letter No.PP I1(1)2085/2005, dated 21-01-2006, and in the absence of notification prescribing 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 dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act 1985 ...."
2. Smt.B.V. Aparna Lakshmi, learned counsel for the petitioner, submits that a memo was issued on 21.01.2006 stating that the bio-
Products are not covered either under Insecticides Act, 1968 or under FC (Order) Act, 1985, and certain instructions are issued, which reads as under:
1. Since these Bio-Products are not covered under Insecticides Act, 1968, FCO 1985, the stocking/exhibiting for sale from the licensed premises is not permitted.2
2. In case of those units for which marketing permission was already accorded, the Joint Directions of Agriculture are instructed to permit the units to liquidate the existing stocks within (45) days i.e., before 10.03.2006.
3. Joint Director of Agriculture are requested to give wide publicity in this regards among all the dealers/distributors.
Learned counsel for the petitioner submits the petitioner has already made a representation to the respondents, which was acknowledged by them on 10.10.2022. 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:
"2. It is submitted by learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P.No.25293 of 2014 and batch, dated 10.07.2015, as modified by the Division Bench in W.A.Nos.1122 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 07.09.2021, held as under:
"11. In 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), dated 23.02.2021, within two (2) weeks from the date of receipt of copy of this order. If such applications are made within the 3 time stipulated above, the competent authority shall process the same and if satisfied, to issue provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter.
12. 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 Certificate 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 23.02.2021 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 with the statutory requirements and take action as warranted by law."
3. In terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition is also disposed of in terms thereof.
3. 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.35650 of 2022 dated 14.09.2022. No order as to 4 costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J October 12, 2022 mar