The court affirmed the requirement of compliance with statutory regulations for bio-products and clarified the process for registration.

ORDER

This Writ Petition is filed for 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 2^nd Respondent in interfering with manufacturing, sale and distribution of bio-products/bio- stimulants of petitioner- Firm, viz., Sahaja Diamond, Sahaja Movie, Tusker, Marcus, Shock, Ugra Karshak, Sahaja Vazram, Drone, Spotmite, Khaizer, S-Core, Kala-Sona, Varam, T-20, Actis, Black Lable, Hyper, TV-9, High-G, Sahaja Glaze, Sahaja Boost, Tiller, Gromax, Ami Gold, Oryza, Dharani, Ram Lakshman, Eagle, Mint Pluse, Chatrapathi, Winger, Slayer, Rocket, Flait, Sahaja Bravo, Bolt, Clear, Dhadak, Chava, Warrior, Sahaja Margo, Cheetah, Minister, Silwa, Sahaja Hydra, T-10, Rocho, Ranger, Sahaja Demand plus, 5G- Plus, Sahaja Divone. Sahaja Mask, Sahaja Thunder Plus and Sahaja Suprime, which contains Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act, 1968 and not included in Schedule-VI of the Fertilizers Control (Order) Act, 1985 by issuing Memo No. PPII(1)2085/ 2005,dated 21-01-2006 and Letter No. PP.II(1)2085/2005, dated 21-01-2006, and in the absence of notification prescribing the standards in Schedule-VI, as being illegal, arbitrary, unconstitutional, and direct the 2^nd respondent not to interfere within 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 and pass such…”

2. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing on behalf of the respondents. Perused the material available on record.

3. 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 10.07.2015 in W.P.No.25293 of 2014 and batch, as modified by the Division Bench of this Court 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 23.03.2021, within two (02) 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 co-operate 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