Telangana High Court
M/S.Sr Crop Science vs State Of Telangana on 24 January, 2020
Author: P. Keshava Rao
Bench: P. Keshava Rao
THE HONOURABLE SRI JUSTICE P. KESHAVA RAO
WRIT PETITION No.1486 of 2020
ORDER:
There is no representation on behalf of the petitioner.
2. Heard learned Government Pleader appearing for the 2nd respondent.
3. The prayer sought in the writ petition is as under:-
"...to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering into marketing including sale, supply and distribution of the petitioner's bio products of REVOLT, SONATA, TEMPER, ENTER, KILLER, SHINEE, BLOOMER, XOMATE, WAR, MARSHAL, CALIBER, SR-KING, PARKAR, MULTI-MIN, A-1, SMASH, VANISH, K-10, HERO, GLOW, HECTAR, BENZ, as illegal, arbitrary, unconstitutional and without jurisdiction and further direct the respondents not to interfere in any manner into marketing including sale, supply and distribution of the petitioner's Bio-products and pass such other order or orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case."
4. The case of the petitioner is that the petitioner is a proprietary concern named as 'M/s.SR CROP SCIENCE'. The petitioner is engaged in the business of marketing including the sale and supply of Bio-products since 2010. The petitioner is manufacturing the granules, growth promoters and organics, which consists only natural materials like farmyard, manure naturals, seaweed extracts, proteins and humidified substances, which are 100% eco friendly and not containing any intoxicants and chemicals and also not covered under the Insecticides Act, 1968 (for short, 'the Act'). The names of the products of the petitioner are REVOLT, SONATA, TEMPER, ENTER, KILLER, SHINEE, BLOOMER, XOMATE, WAR, 2 MARSHAL, CALIBER, SR-KING, PARKAR, MULTI-MIN, A-1, SMASH, VANISH, K-10, HERO, GLOW, HECTAR, BENZ, etc., Even though permission is not required for manufacture, sale of the Bio-products, the respondent officials are insisting the petitioner to obtain marketing permission under the Act, for the purpose of marketing and selling the products in the State of Telangana. In these circumstances, the present writ petition is filed declaring the action of the respondents in interfering into the marketing including sale, supply and distribution of the petitioner's bio-products as stated supra as illegal, arbitrary and unconstitutional.
5. Learned counsel for the petitioner as well as learned Government Pleader brought to the notice of this Court that the subject matter of the writ petition is squarely covered by a common judgment passed by a Bench of this Court in W.A.Nos.1122 and 1136 of 2016 and the writ petition can be disposed of in terms thereof.
6. Following the same, the writ petition is disposed of in terms of the common judgment passed by a Bench of this Court in W.A.Nos.1122 and 1136 of 2016, dated 03.11.2016. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
___________________ P. KESHAVA RAO, J 24th January 2020 mar