M/S. Siri Organic Crop Care vs. The State Of Telangana And Another
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The petitioner, M/s. Siri Organic Crop Care, engaged in manufacturing, selling, and distributing bio-products/bio-stimulants, filed a writ petition challenging the action of the 2nd respondent (Commissioner and Director of Agriculture). The 2nd respondent, through Memo No. PP.II(1)2085/2005 dated 21-01-2006 and a subsequent letter dated 21-07-2006, interfered with the petitioner's business, stating that bio-products/bio-stimulants were not covered by the Insecticides Act, 1968, or the Fertilizer Control (Order) Act, 1985, and thus, sale from licensed premises would not be permitted. The petitioner obtained GST registration on 10.03.2023. The petition sought a declaration that the 2nd respondent's action was illegal and arbitrary, and requested a direction not to interfere with their business.
Held
The Court disposed of the writ petition at the admission stage, following the principles laid down in the cited High Court orders. The Court referred to its previous order in W.P.No.45 of 2021 and batch, dated 07.09.2021, which permitted petitioners to make applications for provisional certificates of registration within two weeks. The competent authority was directed to process these applications and issue provisional certificates within four weeks if satisfied. The Court also clarified that the competent authority could collect samples and test the products for their compatibility as bio-nutrients before granting registration. Crucially, until the application process was completed, subject to the petitioners submitting applications in compliance with the requirements, they were entitled to manufacture and distribute their products as contemplated by Clause 4 of the Government of India order dated 23.02.2021. The competent authority retained the right to verify statutory compliance and take action as warranted by law. The present writ petition was disposed of on similar grounds.
Key Issues
1. Whether the action of the 2nd respondent in interfering with the manufacturing, sale, and distribution of bio-products/bio-stimulants by the petitioner, through Memo No. PP.II(1)2085/2005 dated 21-01-2006 and Letter No. PP.II(1)2085/2005 dated 21-01-2006, is illegal, arbitrary, and unconstitutional, particularly in the absence of prescribed standards. Petitioner's contention: The petitioner argued that the subject matter of the writ petition is covered by previous orders of the High Court. Specifically, they relied on 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 2016 dated 03.11.2016. Furthermore, they cited the High Court's order in W.P.No.45 of 2021 and batch, dated 07.09.2021, which allowed petitioners to make applications for provisional certificates of registration and permitted manufacturing and distribution pending the completion of the exercise, subject to statutory compliance. Respondents' contention: The learned Assistant Government Pleader for Agriculture, appearing for the respondents, confirmed the petitioner's submission regarding the applicability of the aforementioned High Court orders.
Sections Cited
Insecticides Act, 1968, Fertilizer Control (Order) Act, 1985
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Cause title — parties, addresses and appearances
ORDER: This Writ Petition has been filed seeking a Writ of Mardamus declaring the action of the 2"0 respondent in interfering with the manufacturing, sale and distribution of bio-products/bio-stimulants of petitioner-Firm, by issuing Memo No'PP.II(1)208512OO5, dated 21.O1.2006 and Letter No.PP.II(1)2085/2005, dated 21.O1.2006 as iiiegal and arbitrary and consequently to direct the 2'd respondent not to interfere with the manufacturing, sale and distribution of bio- products/bio-stimulalts of petitioner-Firm and to pass such other order or orders.
Brief facts leading to the hling of the present writ petition are that the petitioner-Firm claims to be engaged in the business of manufacture, sale and supply of bio-products/ bio-stimulants without usage of any toxic chemicals. He submitted that the petitioner-hrm has also obtained GST Registration Certificate bearing No.36AXPPP34g2FlZZ, dated 10.O3.2023. It is submitted that vide letter dated 21.O7.2006, the 2nd respondent has issued proceedings, stating that the bio-products/ bio-stimulants are not covered by the Insecticides Act, 1968 or the Fertilizer Control (Order) Act, 1985 and the stocking, storing or the sale of the said products from the licensed
RMD, W.P.No 8135 of :2t)2.| 2 premises will not be permitted, therefore, the present Writ petition is frled
Learned counsel for the 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 lO.O7.2Ol5, as modified by the Division Bench in W.A.Nos. ll22 and 1136 of 2016 dated 03.11.2O16. Further, this Court, while disposing of w'P.No.4S of 2o2r and batch vide common order dated 07.o9.2021 held as under: '
In uiew thereoJ the Writ petittons are d.isposed of, granting libertg to the petitioners to make applications in compliance u.tith the requirement of Clause 5 of the ord.er of the Gouemment of India, bearing No.5.O.882(E), dated 23.O2.2O21, tr,tithin tuLo (2) weeks from the date of receipt of copg of this order. If such app\icotions are mode uithin the time stipulated aboue, the competent authonty shaLL process the same and if satisfied_, to issue proubionol CertijLcate of Registration in Fonn G-3, uithin four (4) weeks thereafier.
It b mad-e clear thnt the competent authoitg is entitled_ to collect samples in compliance of part:C, of the ord_er dated 23.02.2021 and test the ampatibilitg of the products meeting the parameters to be marketed as bio-nutrients, before granting the prouisional Certificate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bio- nutient u.tith the object of Lrclping the fanner to deuelop high cellulose and resistance pouter in the plants meets the parameters to quahfy as bio-nutient. The petitioners shall cooperate in dratuing the samples. Until the exercise as directed aboue, is completed, subject of course to petitioners submitting applications uithin the time stipulated aboue ond in compliance of requirentents of Clause 5 of the order dated 23.02.2O21 of the Gouernment of India, petitioners are entitled to manufacture and distibute as contemplated by Clause 4 of the order dated 23.02-2021. Hou.teuer, it is alutogs open to the competent authoitA to uertfg uhether the products rnanufacture and . .i.-- ,*-r:...:-: -:",. . -:;:Lr.&:5iH
PMD,J W.P No 8135 of 2023 distributed bA the petitioners are in compliance uith the stotutory requirements and toke action as uarranted by lau."
Learned Assistant Government Pleader for Agriculture appearing for respondents No.1 and 2, has also confirmed the said submission.
In terms of the aforesaid order and for the reasons alike, this Writ Petition is also disposed of at the admission stage in terms thereof. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stand closed. .N.CHANDRA SEKHAR o ASSISTANT REGI RAR //// SECTION FFICER To 1. The Principal Secretary, Agriculture and Co-operation Dept , Secretariat, Hvderabad, State of Telanqana 2 iil C;;isiioner and Di6ctor of Agriculture, State of Telangana, opp L B' Stadium, Basheerbagh, Hyderabad, Telangana State. 3. ona cc to M/s B v APARNA LAKSHMI, Advocate [oPUC-l 4.TwoCCstoGPFoRAGRICULTURE,HighCourtfortheStateotIelangana' at Hyderabad. [OUT]
Two CD CoPies PSK LS
HIGH COURT DATED:1110412023 ORDER WP.No.8I35 ot 2023 DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS. 7ii riF'. S i,4 1( 2 0 APf, 2[23 .' ii :!
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.