BharatTaxGST

Sneha Farms Private Limited vs. The State Of Ap

Original PDF →
WP/25439/2024HC Andhra PradeshGSTCNR APHC01049330202410 November 2024Bench: K MANMADHA RAO9 pages
For Petitioner: M/s B V APARNA LAKSHMIFor Respondent: GP FOR AGRICULTURE

No AI summary yet for this judgment.

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^ (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF NOVEMBER ^ TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 25439 OF 2024 Between: M/s. Sneha Farms Private Limited, Rep. by its Authorised Signatory, B. Sriniva^j S/o.B. Bicha Reddy, aged 52 years R/o. Flat No.402, North East Sneha Arcade, Cyber Village, New Hafeezpet Mandal, Miyapur, Ranga Reddy District - 500 049, Telangana State. Factory at- Sy.Nos.118,120,122,136,137,138,140,142,144 Near Mandal Praja Parishad Primary School, Iddoni Bai (V), Teegalapalle, Nawabpet (M), Mahabubnagar District - 509 340, Telangana State. Reqd. Office at- D.No.2-40/30/1, Road No.5 Jubilee Gardens, Kondapur Village Ranga Reddy District - 500 084, Telangana State"^ Sale Point in AP at- Sy.Nos.26,92,70,271, Rammannagudem Village, Nuzivedu Mandal Krishna District - 521 106, Andhra Pradesh, "" ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary,Agriculture and Co-operation Dept., Secretariat, Velagapudi Amaravati, Guntur District. 2. The Commissioner and Director of Agriculture, State of Andhra Pradesh, Near Rythu Bazar, Chuttugunta, Guntur. ^ ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or Direction, more particularly one in the may nature of Writ of Mandamus declaring the action of the 2nd Respondent in interfering with sale and distribution of Bio-products/Bio- Stimulants of petitioner-Company, viz., Chitenee, Bhusamruddi, Kisan Dost, 18 Essentials, Fertlous, Raitu Nestam, Bhumatha, Bhumi Gold, Organic Doctor, BSF Gold, Nutri Frass and Nature Friend, by issuing Memo No. PP.11(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 standards and not included in Schedule-VI as being illegal, arbitrary, unconstitutional, and direct the 2nd respondent not interfere with in any manner in selling and distribution of Bio-products/Bio-Stimulants including from the licensed premises of the dealers/stockiest under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd respondent not to interfere with sale and distribution of Bio-products / Bio-Stimulants of petitioner- Company, viz., Chitenee, Bhusamruddi Kisan Dost, 18 Essentials, Perilous, Raitu Nestam, Bhumatha, Bhumi Gold, Organic Doctor, BSF Gold, Nutri Frass and Nature Friend, including from the licensed premises of the dealers, stockiest, under the Insecticides Act, 1968 and the Fertilizers Control (order) Act, 1985, pending disposal of the above Writ petition. Counsel for the Petitioner: M/s B V APARNA LAKSHMI Counsel for the Respondents No.1,2: GP FOR AGRICULTURE

The Court made the following: ORDER

1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) APHC010493302024 [3310] MONDAY ,THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 25439/2024 Between; ...PETITIONER Sneha Farms Private Limited AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner; 1.B V APARNA LAKSHMI Counsel for the Respondent(S); 1.GP FOR AGRICULTURE The Court made the following; ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- Writ Order or Direction more “ ..may be pleased to issue a , ■ particularly one in the nature of Writ of Mandamus declaring the action of the 2""^ Respondent in interfering with sale and distribution of Bioproducts/Bio Stimulants of petitioner Company viz Chitenee Bhusamruddi Kisan Dost, 18 Essentials, Fertlous Raitu Nestam Bhumatha Bhumi Gold. Organic Doctor, Go/d /Vufr, Frass and Nature Friend by issuing Memo No.PP.11 (1)2085/2005 dated 21 01.2006 and Letter No.PP.11(1)2085/2005 dated 21.01.2006 and in the absence of Notification prescribing

2 standards and not included in Schedule-VI as being illegal, arbitrary unconstitutional and direct the 2"^ respondent not to interfere with in any rnanner in selling and distribution of Bioproducts/BioStimul ants '^'^ding from the licensed premises of the dealers/stockists the Insecticides Act 1968 and the Fertilizers Control Order and pass.... under Act 1985

2.

The case of the petitioner in brief is that the petitioner company is engaged in the business of sale and supply of the bio-products and stimulants in the state of Andhra Pradesh which is situated at Sy.Nos.26, 92, 79, 271, Rammannagudem Village, Nuzivedu Mandal, Krishna District and obtained GST Registration Certificate bearing No.36AADCS4014J1ZH, dated 28.05.2024. The Bio-products/Bio-stimulants marked by the petitioner- etc., which will not petitioner-company is regularly 1968 (for short ‘the Act’) and sale of insecticides, -company have not been included any of the substance mentioned company contains peat moss, sand, bentomite, dolomite, participate in the chemical reactions and the paying tax to the Government. The Insecticides Act, provided for regulation of manufacturing, distribution The Bio-products marketed by the petitioner in the schedule of the Act and do not contain in the schedule. Even though it is not necessary to obtain any permission for marketing of the bio-products, the 2 nd respondent is insisting for obtaining marketing permission for sale of bio-products/bio-stimulants of the petitioner company and has issued proceedings vide Memo No.PP.||(1)/2085/2005, dated 21.01.2006 stating that since bio-products are not covered by the Act, the stocking, storing or the sale of the said products from the licensed premises will not be permitted. The 2"“ respondent also various manufactures directing them not to sell the addressed letters to bio-products from the 3 licensed premises of seeds, fertilizers and pesticides after 10.03.2006. Hence the present Writ Petition.

3.

Heard Smt B.V.Aparna Lakshmi, learned counsel for the petitioner and the learned Government Pleader for Agriculture appearing for the respondents.

4.

On hearing, learned counsel for the petitioner submits that the matter is squarely covered by an order passed by this Court in W.P.No.13300 of 2023, dated 12.05.2023, and hence, requests this Court to pass similar order in this petition also. \

5.

Learned Assistant Government Pleader for Agriculture appearing for { the respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same.

6.

In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present Writ Petition in terms of the said order.

7.

Accordingly, the Writ Petition is disposed of in terms of the order passed by this Court in W.P.No.13300 of 2023, dated 12.05.2023, directing the respondents to follow the provisions and the guidelines stipulated in SC.No.882(E), dated 23.02.2021 and SC.No.2333, dated 14.06.2021, while dealing with the products of the petitioner and interfering with the activity of the petitioner/including from the licensed premises of the petitioner and its 4 dealers/stockiests, who are dealing with the subject products. There shall be no order as to costs.

8.

The Registry is directed to attach a copy of the order passed in W.P.No.13300 of 2023. dated 12.05.2023 to this order. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. M.PRABHAKAR RAO ASSISTANT REGISTRAR //// ^hcton officer To, Principal Secretary, State of Andhra Pradesh, Agricultdre and Co operation Dept., Secretariat, Velagapudi Amaravati, Guntur District.

1.

The The Commissioner and Director of Agriculture, State of Andhra ChuttugLTnta, Guntur.

2.

Pradesh, Near Rythu Bazar OneCCto M/s.B. V. APARNA LAKSPH^I, Advocate [OPUC] AGRICULTURE^ High Court of Andhra Pradesh.

3.4.

TwoCCsto GP FOR [OUT]

5.

Three C.D.Copies (along with copy of the order dated 12-05-2023 in WP.No.13300 of 2023) nm

HIGH COURT DATED; 11/11/2024 ORDER WP.No.25439 of 2024 X 16 DEC 202*1 I Current Section disposing of the WP WITHOUT COSTS

v> THj: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.13300 OF 2023 ORDER:- • -r This Writ Petition is filed under Article 226 of the Constitution of India, seeking 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 Respondent authorities in interfering with sale and distribution of Bio products/Sip- Stimulants of Petitioner-Firm, viz., NRich, by issuing Memo No. PPII(1)2085/2005 dt 21.01.2006 and Letter No PPIII)2085/2005 dt 21.01.2006 arid in the absence gf Notification prescribing standards and not included in Schedule-VI as being illegal, arbitrary, unconstitutional and direct the 2’^ respondent not to interfere within any manner in selling and distribution of Bio products/Bio-Stimulants irwluding from the Licensed premises of the dealers/stpckiests under the Insecticides Act, 1958 and Fertilizers (Control) Order 1985 and pass such other order or orders..." Learned counsel for the petitioner and the leaurned Government Pleader for Agriculture, appearing for Respondents submitting that th? issue involved in this writ petition is squarely covered by the order of this Court passed in W.PNo.l3169 of 2021, dated 26.07.2021. In view of the submission of the learned counsel for the petitioner and the learned Government Pleader for Agriculture, this Writ Petition may be disposed of in terms of the order passed by this Court in W.P No. 13169 of 2021, dated 26.07.2021, directing the respondents to follow the prpvisions and the guidelines stipulated in SO No.882(E), dated 23.02.2021 and SO No.2333, dated 14.06.2021, while deling with the products of the petitioner and interfering with the activity of the 2. 3. 2 petitioner, including from the licensed premises of the petitioner and its dealers/stockiests, who are dealing with the" subject products. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stgmd closed. The Registry is directed to enclose a copy of the order in W.P No.13169 of 2021, dated 26.07.2021, to this order. P.U.V.BHASKAr/ ASSISTANT REGISTRAR //// SECTION OFFICER To,

1.

The Principal Secretary, Agriculture &Co-operation Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

2.

The Commissioner & Director of Agriculture, State of Andhra Pradesh, Near Rythu Bazar, Chuttugunta, Guntur.

3.

One CC to Sri. B V Aparna Lakshmi Advocate [OPUC]

4.

Two CCs to GP for Agriculture, High Court Of Andhra Prade§h. [OUT]

5.

Two CD Copies I CSB gi

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.