A petitioner can continue bio product manufacturing pending regulatory compliance, reinforcing constitutional and statutory rights.

ORDER

This Writ Petition is filed for the following relief:-

“……to issue a writ or direction, particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in interfering with manufacture, sale and marketing of Bio products/Bio- Stimulants of Petitioner Company. The Petitioner Company is manufacturing the Bio products/Bio-Stimulants under the brand name of CRIYAGEN AGRI and BIOTECH PRIVATE LIMITED manufacturing, Distribution, sale and marketing of its Bio products/Bio-Stimulants i.e., Potassium Humate/PH-50. The 2nd Respondent 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 300-A 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/Bio- Stimulants under the name and style of CRIYAGEN AGRI and BIOTECH PRIVATE LIMITED 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 and pass.…”

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 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".

4. In terms of the aforestated orders and for the reasons mentioned therein, this Writ Petition is also disposed of.

There sha