THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.27548 OF 2025

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking 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 under the brand name of ANNAPURNA AGRO CHEMICALS manufacturing Distribution sale and marketing of its Bio Products/Bio Stimulants i.e., Active Amaze Ambit Bio Green Champion Cosmos Cure XL Dean Ecogold Ecospring Elixir Eric Eric Plus Exodrin Gixer Glitter Growzeal Hypro JetX Kozgrow Maxi Gold Maxy Gro Maxymantra Navax 3G Nex Nexa Nox Power Zel Prozyme Race Plus Sonar Spring StarX Veenus Well Bloom Zaack Zeeal Zing Zixer Zyme X The 2nd Respondent in pursuance of the Memo No PPI12085/2005 dt 21012006 and consequential Letter No PPII 12085/2005 dt 21012006 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 ANNAPURNA AGRO CHEMICALS including from the licensed premises of the Petitioner Company and its dealers/stockiest in the State of Telangana under the Insecticides Act 1968 and Fertilizers Control Order 1985..”

2. I have heard Mr. N.Ravi Prakash, learned counsel for the petitioner, Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent No.1 and Mr.E.Ravinder Reddy, learned Assistant Government Pleader for Agriculture and Cooperative Society appearing for respondent No.2.

3. Learned counsel for the petitioner submits that the grievance raised in this writ petition, namely interference with the petitioner’s business by the respondent authorities, has already been considered by this Court in several matters. In those cases, appropriate directions were issued, which were subsequently modified and concluded by a Division Bench of this Court in Writ Appeal Nos. 1122 and 1136 of 2016, by order dated 03.11.2016. He therefore prays for a similar order in the present case, as the issues raised herein are squarely covered by the said decisions.

4. Learned Assistant Government Pleader for Home fairly admits that the order relied upon by the petitioner appropriately covers the present situation.

5. I have perused the material on record.

6. As submitted by the petitioner, a Division Bench of this Court in Writ Appeal Nos. 1122 and 1136 of 2016 dated 03.11.2016, as well as in Writ Petition No. 48 of 2021 and batch matters decided by common order dated 07.09.2021, held as follows:

"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, issue a 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 with Part-C of the order dated 23.02.2021 and test whether the products meet the prescribed parameters to qualify as bio- nutrients before granting the provisional Certificate of Registration. It is in the public interest to ensure that any product intended to be produced and marketed as a bio-nutrient, with the object of assisting farmers in developing high cellulose and resistance power in plants, meets the required standards.

The petitioners shall cooperate in the process of d