M/S. N R Agri Science vs. The State Of Telangana
Original PDF →Facts
The petitioner, M/s. N R Agri Science, is engaged in the manufacture, sale, and supply of bio-products/bio-stimulants. The petitioner obtained a GST Registration Certificate on March 31, 2023. The 2nd respondent, the Commissioner and Director of Agriculture, issued proceedings via Memo No. PP.II(1)2085/2005 and Letter No. PP.II(1)2085/2005, both dated January 21, 2006. These proceedings stated that the bio-products/bio-stimulants were not covered by the Insecticides Act, 1968, or the Fertilizer Control (Order) Act, 1985, and therefore, stocking, storing, or selling these products from licensed premises would not be permitted. The petitioner filed the present writ petition challenging this action as illegal and arbitrary, seeking a direction to the 2nd respondent not to interfere with their business.
Held
The Court held that the present writ petition is squarely covered by the common order passed in W.P.No.25293 of 2014 & batch, dated 10.07.2015, as modified by the Division Bench in W.A.Nos. 1122 and 1136 of 2015 dated 03.11.2016. Additionally, the Court referred to its own order in W.P.No.45 of 2021 and batch dated 07.09.2021. In that order, the Court had granted liberty to the petitioners to make applications in compliance with Clause 5 of the Government of India's order dated 23.02.2021 within two weeks. The competent authority was directed to process these applications and issue provisional certificates of registration if satisfied. The competent authority was also entitled to collect samples and test the products for their suitability as bio-nutrients before granting a provisional certificate. Until the process was completed, subject to the petitioners submitting applications within the stipulated time and in compliance with the requirements, they were permitted to manufacture and distribute their products as contemplated by Clause 4 of the order dated 23.02.2021. The competent authority retained the right to verify compliance and take action as warranted by law. Consequently, the present writ petition was disposed of at the admission stage in terms of these previous orders.
Key Issues
1. Whether the action of the 2nd Respondent in interfering with the manufacturing, sale, and distribution of the petitioner's bio-products/bio-stimulants, by issuing Memo No. PP.II(1)2085/2005 and Letter No. PP.II(1)2085/2005 dated 21.01.2006, is illegal, arbitrary, and unconstitutional, particularly in the absence of prescribed standards for these products? The petitioner argued that the subject matter of the writ petition is covered by previous orders of the High Court, specifically the common order in W.P.No.25293 of 2014 & batch dated 10.07.2015, as modified by the Division Bench in W.A.Nos. 1122 and 1136 of 2015 dated 03.11.2016. Furthermore, the petitioner relied on this Court's order in W.P.No.45 of 2021 and batch dated 07.09.2021, which provided a framework for applications, provisional certificates, and the testing of bio-nutrients. The respondents, represented by the Assistant Government Pleader for Agriculture, confirmed the submission made by the petitioner's counsel regarding the applicability of the aforementioned orders.
Sections Cited
Insecticides Act, 1968, Fertilizer Control (Order) Act, 1985
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Cause title — parties, addresses and appearances
The Court made the following: ORDER ri i I I I ; I I I I I I I i I I
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.9533 of 2023 ORDER: This Writ Petition has bcen hled seeking a Writ of Mandamus declaring the action of the 2n,r respondent in interfering with the manufacturing, saie and distribution of bio-products/bio-stimulants of petitioner-Firm, by issuing Memo No'PP.[(1)208512OO5' dated 2l.0L.2006 and Letter No.PP-ll(1)208512OO5, dated 21.01.2006 as illegal and arbitrxy and consequenily to direct the 2"d respondent not to interfere with the manufacturing, saie and distribution of bio- products/bio-stimulants of petitioner-Firm and to pass such other order or orders. (:,
Brief facts leading to the ftling of tlte present writ petition are that the petitioner-Firrn claims to be engaged in tJ e business of manufacture, sale and supply of bio-products/bio-stimulants without usage of any toxic chemicals. I{e submitted that the petitioner-Firm has also obtained GST Registration Certificate bearing No.36ALFPU4968H|Z\I, dated 31.O3.2023. It is submitted that vide letter dated 2L.Ot.2006, the 2nd respondent has issued proceedings, stating that tJ:e bio-products/bio-stimulants are not covered by the Insecticides Act, 1968 or the F'ertilizer Control (Order) Act, 1985 and the stocking, storing or the saie of the said products from the licensed
- III1D,. w.P.No 9533 or 202.1 premises "vil1 not be permitted, therefore, thc present writ pctition is filed.
Learned counsel for tl-re petitioner submitted that the subject matter of this Writ Petition is squarely covered by the common order passed by this Court in W.P.No.25293 of 2Ol4 & batch, dated 10.07.2015, as modihed by the Division Bench in W.A.Nos. 1122 and 1136 of 2015 dated 03.11.2016. Further, this Court, while disposing of W.P.No.4S of 2O2l and batch vide common order dated 07.O9.2O21 held as under:
"
In aeu thereof, the Wit Petitions are disposed oJ granting libertg to the petitioners to make application-s in compliance uith the requirement of Clause 5 of the order of the Gouernment of Ind[a, bear[ng NI.5.O.882(D), dated 23.02.2O21, utithin huo (2) . ueeks from the date of receipt of copg of this order. If such.' applications are made uithin tLLe time stipulated oboue, the competent authoitA shall process the same and if satkfted, to issue provbional Certificate of Registration in Fonn G-3, ruithin four (4) u-teeks thereafier.
It is made clear that the competent authoitA i-s entitled to collect.samples in compliance of Part:C' of the order dated 23.p2.2O21 and test the ampotibilitg of the products meeting the parameters to be marketed as bio-nutrients, before granting the - p*idioic.l Certificate of Registration It is in the public interest to ensure that o product to be produced and marketed as a bio- nutrient uith the object of helping the fanner to deuelop high cellulose and resi,stonce pou-ter in the plants meets tte pammeters to qtalifu os bio-nutient. The petitioners s/r,all cooperate in dranuing the somples. Until the exercise as directed aboue, is completed, subject of course to petitioners submitting applications uttthin the time stipulated aboue and in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Gouernment of India, petitioners are entitled to manufocfure and. distibute as contemplated bg Clause 4 of the ord.er d.ated 23.02.2021. Houteuer, it is alwags open to the competent authoitg to ueifg uhether the products manufacture and PTlI)..' w.P. Nc.953ll .ri 2tJ2:i distibuted bg the petitioners are in ampliance taith the statutory requirements and take action o_s uarranted bg Laut. "
Learned Assistant Government pleader for Agriculture appearing for respondents No.1 and 2, has arso confirmed the said submission. 5' In terms of the aforesaid order and for the reasons atike, this writ Petition is a-lso disposed of at the admission stage in terms thereof. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stancl closed. l To, . T. SRINIVAS DEPUTY!EGISTRAR //// <:1O SECTION OFFICER
The Principal Secretary, Agriculture and Co-operation Dept., The State of f Telanqana. Secretariat, Hyderabad z. fne Ctm#issioner and' Director of Agriculture, State of Telangana, Opp' L B' Stadium, Basheerbagh, Hyderabad, Telangana State.
One CC to SRI B.V. APARNA LAKSHMI, Advocate [OPUC] +. fwo CCs to GP FOR AGRICULTURE, High Court for the State of Telangana' tOUI
Two CD Copies BN GJP Ii i I I i i
HIGH COURT DATED:1 310412023 \! ,.:\- :,,n,, . \' '.,-,,.\ c' '^i, i',i *& gl o ...1 , ': ::., )'-)2 - -:-:1/ ORDER WP.No.9533 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (.) :t ll i),, \q\ :?i/ /
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.