Telangana High Court
M/S. Omex Agri Fluids Limited, ... vs The Commssioner Director Of ... on 22 April, 2022
Author: Surepalli Nanda
Bench: Surepalli Nanda
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.4209 of 2010
ORDER:
The petitioner filed the writ petition seeking writ of Mandamus declaring the action of the respondent interfering with the manufacturing and sale of petitioner's bio-products like relief, which contains Amino Acid and See-Weed extract by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and letter No.PP.II(1)2085/2005, dated 21.01.2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and further direct the respondent not to interfere in any manner in the manufacture, sale and distribution of petitioner's bio-products including from the licensed premises of the dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985.
2. The case of the petitioner is that the petitioner company is engaged in the business of manufacturing, sale and supply of the bio-products, which are manufactured 2 without usage of any toxic chemicals unlike the manufacturing of regular pesticides. The petitioners Insecticides Act, 1968 provides for the regulation of manufacturing, distribution and sale of Insecticides. The bio-products manufactured and offered for sale by the petitioner has not been included in the schedule to the Insecticides Act and do not contain any of the substance mentioned in the schedule.
3. It is further case of the petitioner that even though it is not necessary to obtain any permission for marketing of the above bio-products, the respondent who is a regulatory authority for the supervision and control of insecticides and pesticides is insisting for obtaining marketing permission for sale of all the bio-products by the petitioners and dealers appointed by the petitioner and further the respondent since issued proceedings Memo No. PP.II.(1)2085/2005, dated 21.01.2006 inter-alia stating that since bio-products are not covered by the Insecticides Act, 1968 or the Fertilizer Control (Order) Act, 1985, the 3 stocking, storing or the sale off the said products from the licensed premises will not be permitted and the units which are already having marketing permission were instructed to liquidate the existing stocks within 45 days i.e. on or before 10.03.2006. The petitioner further submits that when the officials of the respondent orally directed the petitioner not to sale, exhibit and undertake marketing of their company bio-products, the petitioner approached this Court by filing the present writ petition.
4. Heard the learned counsel for petitioner. Heard the learned Govt. Pleader for Agriculture. Both the counsels bring to the notice of the Court that the subject issue in the present writ petition is squarely covered by the decision of the Hon'ble High Court of Telangana in Writ Petition Nos. 48, 277, 14489, 14495, 14497, 14518, 19816 and 21055 of 2021 dated 07.09.2021 dated 07.09.2021. It is relevant to extract Para Nos. 11 and 12 of the said orders.
11. In view thereof, the Writ Petitions are disposed of, granting liberty to the petitioners to make applications in compliance with the requirement of Caluse 5 of the Order of 4 the Government of India, bearing No.S.O. 882 (E), dated 23.02.2021, within two (2) weeks from the date 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 off 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 that a product to be produced and marketed as a bio-nutrients 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 to verify whether the products manufactures and distributed by the petitioners are in compliance wit the statutory requirements and take action as warranted by law. Pending miscellaneous petitions, if any, shall stand closed.
5. In view of the fact that the petitioner in the present writ petition is also entitled for the same relief. The 5 present writ petition is disposed off granting liberty to the petitioner to make application 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. 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.
6. With these observations, the writ petition is disposed off.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
_________________________________ MRS JUSTICE SUREPALLI NANDA April 22, 2022 skj 6 HONOURABLE MRS JUSTICE SUREPALLI NANDA 7 WRIT PETITION No.4209 of 2010 April 22, 2022 skj