Telangana High Court

WP/34976/2023 of TBRO S FARM TECHNOLIGIES Vs The State of Telangana on 29 December 2023

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENW NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 34976 OF 2023 Between: TBRO S FARM TECHNOLIGIES, Having its Factory and

HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENW NINTH [DAY OF ][DECEMBER]TWO THOUSAND AND TWENTY [THREE]

PRESENT

THE HONOURABLE SRI JUSTICE [NAGESH ][BHEEMAPAKA]

WRIT PETITION NO: [34976 OF 2023]

Between:

TBRO S FARM TECHNOLIGIES, [Having its Factory ][and Office' ][H ][No ][4- ][3/4']Miin Road, Lakkaram Village, [Choutuppal Mandal, Yadadri Bongir ][Distric!]508252, Telangana.

Reoresented Bv lts Proprietor, [Shakamuri Naveen, ][Wo ][S. ][Durga ][Prasad,]Agbd about 36 lrears, Oic Business, H [No- Plot ][N-o- '11' ][Nlqytli^Slreepuram ][,]P6dda Amberp6t, Towards Sanghi [Temple, Ranga Reddy- ][501505.]

...PETITIONER

AND

1The State of Telangana, [ReP.]By lts Prl. Secretary, Agriculture [Department,]Secretariat Buildings, [Hyderab]ad.Secretariat Buildings, [Hyderab]ad.

2. The Commissioner and [Director ][of ][Agriculture Government of Telangana,]Opp. L. B. Stadium, Basheerbagh, [Hyd.]Opp. L. B. Stadium, Basheerbagh, [Hyd.]

...RESPONDENTS

Petition under Article 226 of [the constitution ][of ][lndia ][praying ][that in ][the]circumstances stated in the [affidavit ][filed ][therewith, ][the ][High ][court ][may ][be]pleased 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]The Petitioner [company is ][manufacturing ][the ][Bio products under ][the]company. brand name of ['TBRO ]S [FARM ][TECHNOLIGIES manufacturing, Distribution, ][sale]and marketing of its [Bio ][Products/Bio ][stimulants'i. ][e., ][Sanchalan, Twist, ][T- ][Cott,]Salare, Super, Express, [Alexa, Liner, Radon, ][Pudami, ][T- Spark SL, ][Galata, Taras,]Galaxy, Fast, Yorker, [Warior, Glider, Golder Crop, Google' Green Gold, ][lndigo,]Jawan, Jumper, Stroke, [Double Stroke, ][Zoom ]' [Spino ][Kill, ][Movie, ][Navigator']Nikola, T- Spark GR, [Walt, ][3 ][ln ][1, Ashirwad, ][Real- 5, ][f ][arzan ]' [T3, Kill Bill, ][Top]

Star, Sydney, Soldier, ['100 ]Centry, Pushpa, Jercy, [Kickplus, Liger, Spin, T- ][Top,]Vikram, Rolex, Drift, Dhoom, Visitor, Moksha, Zest, [Agoda, ][Laylock, ][Dwaraka,]Fitter, Larze, Zoomer, Nomore, T- Fire, Trap, Bulldog, Magnet, Sardhar, [Raw,]Bouncer, Conner, Prime Express, N- Mite, T- Mite, S- Mite, [Hulk, Taskar, ][Rockey,]Tencer, Cloud, Council, Tapasvi, Flower(plus [plus), ]Topper, Bheema, [Ragada,]Fly, Ravan, Gladiator, Fluto, Logo, Citizen, Runner, Kalki, Talwar, [S3, ][Kissan]Mithra, Antila, Momento, 2G, Champion. The 2nd Respondent in [pursuance ][of ]theMemo No. PPI('|)208512005 dt.21- 01- 2006 and consequential Letter No. [PPll](1)2085/2005 dt.21- 01- 2006 as being illegal, arbitrary, u nconstitutional andwithout [jurisdiction ]and in violation of Articles 14, 19 [(1) ][(g), ]21 and 300- [A ][of ][the]Constitution of lndia and consequently direct the respondent authorities not tointerfere with the Petitioner's business of manufacture, sale and marketing of [its]bio products under the name and style of ['TBRO ]S FARM TECHNOLIGIES'including from the licensed premises of the Petitioner Company and [its]dea lers/stockiests in the State of Telangana under the lnsecticides Act, 1968 andFertilizers (Control) Order 1985.

lA NO: 1 OF 2023

lA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be [pleased ]to directthe respondent authorities not to interfere with the [petitioner's ]Company businessof manufacture, sale and marketing and distribution of its Bio- Products/BioStimulants i. e., Sanchalan, Twist, T- Cott, Salare, Super, Express, Alexa, Liner,Radon, Pudami, T- Spark SL, Galata, Taras, Galaxy, Fast, Yorker, Warior, Glider,Golden Crop, Google, Green Gold, lndigo, Jawan, Jumper, Stroke, Double Stroke,Zoom, Spino Kill, Movie, Navigator, Nikola, T- Spark GR, Walt, 3 ln 1, Ashirwad,Real- 5, farzan, T3, Kill Bill, Top Star, Sydney, Soldier, 100 Centry, Pushpa,Jercy, Kickplus, Liger, Spin, T- Top, Vikram, Rolex, Drift, Dhoom, Visitor, Moksha,Zest, Agoda, Laylock, Dwaraka, Fitter, Larze, Zoomer, Nomore, T- Fire, Trap,Bulldog, Magnet, Sardhar, Raw, Bouncer, Conner, Prime Express, N- Mite, T-Mite, S- Mite, Hulk, Taskar, Rockey, Tencer, Cloud, Council, Tapasvi, Flower (plusplus), Topper, Bheema, Ragada, Fly, Ravan, Gladiator, Fluto, Logo, Citizen,Runner, Kalki, Talwar, 53, Kissan Mithra, Antila, Momento, 2G, Champion. Underthe name and style of ['TBRO ]S FARM TECHNOLIGIES' including from the licensed premises of the Petitioners Company and its dealersistockiests [in ][the]State of Telangana under the lnsecticides Act, 1968 and [Fertilizers ][(Control) Order]1985 pending disposal of the above writ [petition.]

Counsel for the Petitioner: SRI RAVI PRAKASH NCounsel for the Respondents: AGP FOR AGRICULTUREThe Court made the following: ORDER

THE HONOURABLE SRI IUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.34976 of 2023

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ORDER:

Heard learned counsel for the petitioner and learned GovernmentPleader for Agriculture appearing for the respondents.

2. It is submitted by learned counsel for the petitioner that thesubject matter of this Writ Petition is squarely covered by the commonorder passed by this Court in W.P.No.25293 of 201.4 and batch, dated10.07.2015, as modified by the Division Bench in W.A.Nos.l1^22 and7136of 201.6 vide common judgment dated 03.11.2016. Further, this Court,while disposing of W.P.No.48 of 202L and batch vide common orderdared07.09.2021, held as under:

"11. In view thereof, the Writ Petitions are disposed of,Branting [liberty ][to ][the ][petitioners ][to ][make applications ]inBranting [liberty ][to ][the ][petitioners ][to ][make applications ]incompliance with the requirement of Clause 5 of the order ofthe Govemment of India, bearing No.S.O.882 (E), datedthe Govemment of India, bearing No.S.O.882 (E), dated23.02.2027, within two (2) weeks from the date of receipt ofcopy of this order. If such applications are made within thetime stipulated above, the competent authority shall processthe same and if satisfied, to issue provisional Certificate ofcopy of this order. If such applications are made within thetime stipulated above, the competent authority shall processthe same and if satisfied, to issue provisional Certificate ofRegistration in Form G-3, within four (4) weeks thereafter.12. It is made clear that the competent authority is entitled tocollect samples in compliance of Part-'C' of the order'dated23.02.2021 and test the compatibility of the products meeting23.02.2021 and test the compatibility of the products meetingthe parameters to be marketed 2 as bio-nutrients, beforegranting the provisional Certificate of Registration. It is in thepublic interest to ensure that a product to be produced andgranting the provisional Certificate of Registration. It is in thepublic interest to ensure that a product to be produced and

marketed as a bio- nutrient with the object of helping thefarmer to develop high cellulose and resistance power in theplants meets the parameters to qualify as a bio-nutrient. Thepetitioners shall cooperate in drawing the samples. Until thcexercise as directed above, is completed, subject of course topetitioners submitting applications within the time stipulatedabove and in compliance of requirements of Clause 5 of theorder dated 23.02.2021 of the Govemment of India, petitionersare entitled to manufacture and distribute as contemplated byClause 4 of the order date 23.02.2021. However, it is alwaysopen to the competent authority to verify whether theproducts manufactured and distributed by the petitioners arein compliance with the statutory requirements and take actionas warranted by law."

3. In terms of the afore-stated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, iI any, pending in the writ petition stand closed.

HIGH COURT

DATED:2911212023

ORDER

WP.No.34976 o12023

DISPOSING OF THE WRIT PETITIONWITHOUT COSTS.

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