M/S. Adonai Crop Care Sciences vs. The State Of Telangana

WP/7414/2023HC TelanganaGSTCNR HBHC01013741202321 March 2023Bench: T.MADHAVI DEVI8 pages

For Petitioner: SMT. B.V. APARNA LAKSHMIFor Respondent: GP FOR AGRICULTURE

AI SummaryRemanded

Facts

The petitioner, a company engaged in the supply of bio-products/bio-stimulants without chemicals, sought a writ of Mandamus. The company possesses a GST Registration Certificate. The 2nd respondent, the Commissioner and Director of Agriculture, had issued proceedings on January 21, 2006, stating that the petitioner's 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 them from licensed premises would not be permitted. The petitioner argued this action was illegal and arbitrary. The Court noted that similar orders had been challenged in previous writ petitions, which were disposed of with modified directions by a Division Bench. The learned Assistant Government Pleader for Agriculture confirmed the position.

Held

The Court disposed of the writ petition with directions similar to those in W.P.No.46844 of 2022. In that referred order, the Court had disposed of writ petitions by granting 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 of receiving the order. The competent authority was directed to process these applications and, if satisfied, issue provisional certificates of registration within four weeks. The competent authority was entitled to collect samples and test product compatibility with parameters for bio-nutrients before issuing provisional certificates. The Court clarified that until the process was completed, subject to the petitioners submitting applications within the stipulated time and complying with Clause 5 of the Government of India's order, the petitioners were entitled to manufacture and distribute as contemplated by Clause 4 of the said order. The competent authority retained the right to verify compliance and take action as warranted by law. No order as to costs was made.

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. Petitioner's contention: The petitioner argued that the 2nd respondent's interference was illegal and arbitrary, especially since the bio-products were not covered by the specified Acts and no standards were prescribed. They sought a direction to prevent further interference. Revenue/State's contention: The learned Assistant Government Pleader for Agriculture confirmed the position taken by the 2nd respondent, implying agreement with the basis of the impugned memos.

Sections Cited

Insecticides Act, 1968, Fertilizer Control (Order) Act, 1985

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

HIGH COURT FOR THE STATE OF TELANGANA AT HYDE*O'OOI 32191 (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI Between: Y/: $dgll9l9p Care. Sciences, Eep.. by.its proprietor, S. Surya Teja, p/o.. q shedruck, pg!_zl vgars, R/o. .H.No. 5-7i, s.c. .cotony, Meoir6noa, Ma ha b u b naoa r-509- 1 27* T 6langa na State. ractorv Jnd g*iie'it: o "r..ri,. s++lc -3 I N 1, r h u rk a va mj 5r, r nj a p u r, ca n g i nta d y rjti;ti : -s'o i slo] ie i;; s; ils tlG - AND ...PET|T|ONER 1. The state.of rerangqra, Rep, gv.its principar secretary, Agricurture and ^ 9,o-op"ration Dept., Secretariat, HVOeriO-jO. -' 2. The Commissioner and Directoiof .ngrigutiure, State of Telangana, Opp. L.B. Stadium, Basheerbagh, Hyderabad, fetanganb SGte. - ;rl.ro=*r, Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, th€; High Court may be pleased 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 manufacturing, sale and distribution of bio-products/bio-stimulants of petitloner- company, viz., Magic, Microra, poho, shakti, crop Magic, Jai, sungord, surya Gold, Green Grow, Nissi, Jedidiah, Joel, Jonathan, Junia, Beniah, Hiram, Abner, Jayamma, swathi, sravanthi, surya, soujanya, sandhya, Dev-D, Aahum-B, Yeshika, Juhika, Rakhi, Rayan, phone-E, san-Jo, Jhon, Milky, seruya, Jeni, Adira, Abishy, Ayaan, oh, Nyr, rra, Avitaj, Keeshu and Joab, by igsuing Memo No. pp.il (1)208512005, dated 21-01-2006 and Letter No. pp.il(1)208s/200s, dated 21-01-2006, and in the absence of notification prescribing the standards, as being illegal, arbitrary, unconstitutional, and direct the 2nd respondent not to interfere with in any manner in selling and distribution of bio-products/bio-stim0tants including from the licensed premises of the dealers/stockists under the lnsecticides Act, 1968 and the Fertilizers control (order) Act, 19g5. i il2il lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent not to interfere with manufacturing, sale and distribution of bio- products/bio-stimulants of petitioner-company, viz., Magic, Microra, poho, shakti, crop Magic, Jai, sungold, surya Gord, Green Grow, Nissi, Jedidiah, Joel, Jonathan, Junia, Beniah, Hiram, Abner, Jayamma, swathi, sravanthi, Surya, soujanya, sandhya, Dev-D, Aahum-B, yeshika, Juhika, Rakhi,Rayan, phone-E, san-Jo, Jhon, Milky, seruya, Jeni, Adira, Abishy, Ayaan, oh, Nyr, Ira, Avitaj, Keeshu and Joab, including from the licensed premises of the dealers, stockists, under the lnsecticides Act, 1968 and the Fertilizers Control (order) Act, 1985, pending disposal of the above Writ petition. Counsel for the Petitioner: SMT. B.V. APARNA LAKSHMI Counsel for the Respondents: GP FOR AGRICULTURE

The Court made the following: ORDER I

,/-. /) THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI IIIRIT PETITION No.74L4 of 2o23 ORDER: This writ Petition has been filed seeking a writ of Mandamus declaring the action of the 2nd respondent in interfering with the manufacturing, sale and distribution of bio-productsi bio-stimulants of petitioner-company, by issuing Memo No.PP.II(L)2O8512005, dated 2L.Ol.2006 and Letter No. PP.II( ll2OSS /2005, dated 2|.OL.2OO6 as being illegal and arbitrary and consequently to direct the 2"d respondent not to interfere with the manufacturing, sale and distribution of bio-products/bio-stimulants of petitioner- company and to pass such other order or orders.

Brief facts leading to the filing of the present writ petiton are that the petitioner-company claims to,be engaged in the supply of bio-products/bio-stimulants without usage of .rry \gori" chemicals. He submitted that the petitioner- company has also obtained GST Registration Certificate i i tit t IIl I I

I W.P.No.7414 ot.2023 bearing No.36BGBpr90B2K3zo, dated o2.og.2o23. It is submitted that vide letter dated 2l .ol .2006, the 2nd respondent has issued proceediflgs, stating that the bio- products/bio-stimulants are not covered by the Insecticides Act, 1968 or the Fertilizer control (order) Act, 1gg5 and the stocking, storing or the sale of the said products from the licensed premises will not be permitted, therefore, the present writ petition is filed. Thereafter, several writ petitions were filed challenging the simiiar orders of the respondents and this court in a number of writ petitions i.e. in w.p.No.2s2g3 of 2ol4 & batch, have disposed of the sarne and the directions were modified by the Division Bench in w.A.No. rL22 of 2016 & w.A.No.1136 of 2ot6 dated 03.1L.2oL6. It is further submitted that the copies of ilre above orders are f,rled as part of the writ papers.

Learned Assistant Government Pleader for Agriculture has also confirmed the said position. . i I I I tI I I I I i : : I !: t: I I. ! IiI I I W.P.No.7414 of 2O23

In view of the salne, the Writ Petition is disposed of with similar directions as in W.P.No.46844 of 2022. There shall be no order as to costs. Copy of the order in W.P.No.46844 of 2022 shall be appended to this order. Miscellaneous applications, if any pending, shall also stand closed. A.V.S. ASSISTANT REG /// SECTION =trt To,

Two CD Copies CHR LS

The Principal secret?u,.Agriculture and co-operation Dept., state of _ Telangana, Secretariat, Hyderabad

The commissioner and Director of Agriculture, state of relangana, opp. L.B ^ Stadium, Basheerbagh, Hyderabad, Telangana State.

One CC to Smt. -8.V, Apaina Lakshmi, Adiocate tOpUCI

Two ccs to GP for Agriculture, High court for the state 6f relangana at Hyderabad.IOUTI (Along with a copy of order in w.P.No.4oB44 of 2022, dated 02.01.2023) It HIGH COURT DATED i2110312023 ORDER W.P.No.7414 of 2023 i l,E S't-4 0.1 fi?fi 2[23 .i ... .r 1.. - DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 * , : I I i I II i \p1>

HONOURABLE SRI JUSTICE C.V.BHASI{AR REDDY IIIRIT PETITION No.46844 of 2022 ORDER: Heard learned counsel for the petitioner and learned Government pleader for Agriculture appearing for the respondents.

It is submitted by learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order passed by thip Court in W.P.No.25293 of 2Ol4 and batch, dated tO.O7.2OLS, as modified by the Division Bench in W.A.Nos.lI22 and 1136 of 2016, dated 03.11 .2OL6. Further, this Court, while disposing of W.P.No.48 of 2027 and batch vide common order dated 07.O9.2021, held as under:

11.

In uieut thereof, the Writ Petitians are disposed of, granting ltbertg to the petitianers to make applimttons in compliance with the requirement of Clause 5 of the order of the Gouemment of India, beaing No.5.O.882(E), dated 23.O2.2O2 1, within two (2) weeksfromthe date of receipt of copy of this order. If such applications are made within the time stipulated aboue, the competent authoritg shall process the sam.e and Lf satisfted, to issue prouisional Certifbate of Registration in Form G-3, within four (4) weeks thereafter.

12.

It is made clear that the competent authoitg b entitled to collect samples in compliance of Part:C' of the order dated 23.O2.2O2 I and test the compatibilitg of the products meeting the parameters to be marketed as \ \ i i i" I 2 bio-nutfents, before granting the prouisianal Certificate of Regigtratian It is in the pubLic interest to ensure that a product to be produced and marketed as a bio-nutrient with the object of heLping the farmer to d"euelop ltigh cellulose and resistance power fu tlrc plants meets the paramEters to qualify as bin-nutrbnt. The petitioners shall dooperate in dratuing the samples. Until the exercise as dtrected aboue, i^s completed, subject of course to petitioners submitting applbations within the time stipulated ahoue and in compli.ance of requirements of Clause 5 of the order dated 23.02.2021 of the Goudrnment of Ind.ta, petitioners are entitled. to manufacture and dbtribute as contemplated bg Clause 4 oJ- the order dated 23.02.2021. Howeuer, it i.s alwo.ys open to the competent autltoritg to uerify whether the producLs manufacture and distributed bg the petitianers ane in compliance wi.th the statutorA requirements and. take action as warranted bg law."

In terms of the afforested orders and for the reasons mentioned therein, this writ Petition is also disposed of in terms thereof. There shall be no order as to costs.

As a sbquel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. JUSTICE C.V.BHASI(AR REDDY Dated: O2.Ol .2023 Chs

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.