Telangana High Court
Tsr Organics Fertilisers And ... vs The State Of Telangana on 17 February, 2025
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
Writ Petition No.4523 of 2025
Order:
The 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
Respondent authorities in interfering with manufacture sale and
marketing of BioProducts/Bio Stimulants of Petitioner Company The Petitioner Company is manufacturing the Bio products under the brand name of "TSR Organics Fertilisers and Pesiticides"
manufacturing Distribution sale and marketing of its Bio Products/Bio Stimulants i.e., SeaZyme, Zyme Max, Humi-Zyme, Max Root, MAX Flower, Nutrimax, MIXED MICRO, Micro MAX, Green Zyme, Flower Booster, Fish Amino, Fish Zyme, Bloom Max, Fruit More, Rose Mix, PlantVita, Plantmin, Boromax, Humax, GardenFert, GardenPlus, Speedgro, Xpress Gro, Xtreeme Pro, Potting MIX, Fulvimax, Aminomax, Gromax, Growking, SilZyme, RootMax, Maxroot, JEEVAMRUT, Sanjeevani Plus, YieldPulse, Yeild Mor ,All in One Mega Zyme, Panchgavya, Humic Gel, Seaweed Gel, Humi Sea Gel, Rooting, Root King, Slow Release, Soilfert, Bhumitra, Bhumitri, Bhudevi, Bhuraksha, Suraksha, Kavach, Tomato-mix, Chilli SPL, Paddy Tiller, EcoGrow, JioGreen, Harvest Gold, EcoZyme, BioBoost Liquid, Bone Meal, Vermicompost, Neem Cake, Mustard Cake, Co Copeat, Banana Peel, Sesame Cake, Coconut Cake, Castor Cake, Sunflower Cake, Palm Kernel Cake, Linseed Cake, Mahua Cake, viruses and viruscure. The 2nd Respondent in pursuance of the Memo No.PPI(1)2085/2005, dt.21/01/2006 and consequential Letter No.PPII(1)2085/2005, dt.21/01/2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the respondent authorities not to interfere with the Petitioners business of manufacture sale and marketing of its bio products under the name and style of "TSR Organics Fertilisers and Pesticides" including from the licensed premises of the Petitioner Company and its dealers/stockiests in the State of Telangana under the Insecticides Act 1968 and Fertilizers Control Order 1985."
2. Heard Mr.G.Eshwaraiah, learned counsel for the petitioner and learned Assistant Government Pleader for Agriculture for respondents.
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3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.
4. learned counsel for the petitioners submits that the issue raised in 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 vide common judgment 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 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 2 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 ::3::
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."
5. Learned Assistant Government Pleader for Agriculture has not disputed the same.
6. In terms of the afore-stated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
___________________ J.SREENIVAS RAO, J Date: 17.02.2025 Note: Issue CC in three days b/o vsl