Manufacturers of bio-nutrients are permitted to manufacture and distribute their products pending registration, provided they submit applications for registration and cooperate with the competent authority in sample testing to ensure the products meet the required parameters for public interest.

ORDER

Heard Sri Panga Siva Narayana, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Agriculture appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in interfering with the manufacturing, Distribution and sale of the petitioner’s bio products/bio stimulations of petitioner firm 1. DSP-916., 2. FORESTMAN, 3. SPIDER GUN, 4. FLAMINGO, 5. HISS SPRAY, 6. D-KILLER, 7. GARUDAPLUS, 8. OCTOPUS, 9. INDUS, 10. ULTRAMAX, 11. VYPER SNAKE, 12. BLACK JAGUAR, 13. DIGGER, 14. DARK SECRET, 15. RANGER, 16. PATWARI, 17. D- 999, 18. DIAMOND ROCKET, 19. PATAK-DYNO, 20. RUSSEL VIPER, 21. TAVATA, 22. ROCK STAR, 23. AL- KILL, 24. AVATAR, 25. KARKOTAKA, 26. JODIEDULU, 27. BLACK BULL, 28. DRAGON RIDE, 29. MISSILE, 30. LANDMINE, 31. ELEXA, 32. SPARK, 33. BREAD, 34. NIRMAN, 35. DEVIL RIDER, 36. CEASE FIRE, 37. TERROR, 38. GROWTH plus, 39. THE BLOCK TIGER, 40. MUTENT, 41. HIS RUN, 42. ADDHERA-D, 43. DHURENDER, 44. NEEM RANGE, 45. BLOCK WOIF, 46. DIAMOND COBRAS, 47. OSTRICH, 48. RED PANDA, 49. ALLIGATOR, 50. ASTRA, 51. PINAKA, 52. WILT-PRO, 53. FOCUS-GR, 54_ RATAN TOP, 55. STRIKER DOG, 56. ULTIMATE, 57. ADVICE, 58. BATTISTA, 59. STAR BULLET, 60. DAMN SURE, 61. SNIPER, 62. GREEN ENERGY, 63. DI-575and in the absence of notification prescribing the standards as being illegal, arbitrary, unconstitutional and without jurisdiction and further direct the respondents not to interfere with in any manner in the manufacture, sale and distribution of the petitioners Bio-products/bio stimulations including from the licensed premises of the dealers/stockists under the insecticides Act, 1968 and Fertilizers control Order 1985 and pass....”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

i) The petitioner is the proprietor of DASARA Crop Sciences, engaged in manufacturing and selling eco-friendly bio-products made from natural materials such as farmyard manure, seaweed extracts, and mineral substances. These products do not fall within the scope of the Insecticides Act, 1968 or the Fertilizer (Control) Order, 1985, as they contain no scheduled insecticides or chemical fertilizers.

ii) Though not mandatory, the petitioner applied for G1 and G2 permissions on 01.09.2024 pursuant to the Government of India order dated 23.02.2021, which remain pending.

iii) While so, on 24.02.2026, officials of the respondent No.2 allegedly visited the petitioner’s unit and orally restrained the petitioner from manufacturing and selling the products without issuing any notice or order. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition.

PERUSED THE RECORD:

A) The relevant portion of the order of this Court dated 07.09.2021 passed in W.P.No.48 of 2021 and batch is extracted hereunder:

“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 23.02.2021, within two (2) 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 as bio-nutrients, before granting the provisional Certificate of Registration. It is in the public interest to ensure that a produc