M/S. Panchadara Agri Crop Care INDIA Private Limited vs. The State Of Telangana

Original PDF →
WP/7430/2023HC TelanganaGSTCNR HBHC01013698202321 March 2023Bench: T.MADHAVI DEVI8 pages
For Petitioner: SMT. B.V. APARNA LAKSHMIFor Respondent: GP FOR AGRICULTURE
AI SummaryRemanded

Facts

The petitioner, M/s. Panchadara Agri Crop Care India Private Limited, filed a writ petition challenging the action of the 2nd respondent (Commissioner and Director of Agriculture) in interfering with the manufacturing, sale, and distribution of its bio-products/bio-stimulants. This interference was based on Memo No. PP.II(1)2085/2005 and Letter No. PP.II(1)2085/2005, both dated January 21, 2006. The petitioner contended that these bio-products were not covered by the Insecticides Act, 1968, or the Fertilizers Control (Order) Act, 1985, and that stocking or selling them from licensed premises should not be prohibited. The petitioner also stated it had obtained GST registration. 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 this position.

Held

The Court disposed of the writ petition with similar directions as in W.P.No.46844 of 2022. The reasoning appears to be based on the precedent set by earlier judgments of the High Court concerning the regulation and sale of bio-products/bio-stimulants. Specifically, the Court referred to a common order passed in W.P.No.25293 of 2014 and batch, as modified by the Division Bench in W.A.No.1122 and 1136 of 2016. The Court also referenced a common order in W.P.No.46844 of 2022, dated January 2, 2023, which granted liberty to petitioners to make applications in compliance with Clause 5 of a Government of India order dated February 23, 2021, for provisional certificates of registration. The competent authority was directed to process these applications and issue certificates if satisfied, after testing product compatibility. Until the process was completed, subject to timely applications, petitioners were entitled to manufacture and distribute as per Clause 4 of the said order, with the competent authority retaining the right to verify compliance and take action as warranted by law. The ratio decidendi is that the regulation of bio-products/bio-stimulants should follow established procedures and prior judicial pronouncements, ensuring compliance with government orders and statutory requirements.

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 January 21, 2006, is illegal, arbitrary, and unconstitutional, particularly in the absence of prescribed standards. Petitioner's contention: The petitioner argued that the impugned memos and letters by the 2nd respondent were illegal and arbitrary, as they interfered with their business of bio-products/bio-stimulants. They asserted that these products were not covered by the Insecticides Act, 1968, or the Fertilizers Control (Order) Act, 1985, and that their sale from licensed premises should not be prohibited. The petitioner relied on previous High Court orders in similar matters, specifically W.P.No.25293 of 2014 & batch and the subsequent Division Bench modifications in W.A.No.1122 of 2016 & W.A.No.1136 of 2016. Revenue's contention: The learned Assistant Government Pleader for Agriculture confirmed the position stated by the petitioner regarding previous orders.

Sections Cited

Insecticides Act, 1968, Fertilizers 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 HYDERABAD[ 3219 J (Speciat originat uurisaicti;;i ^' TUESDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENT' TiiEE PRESENT THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI Between: M/s. Panchadara Agri Crop Care lndia private Limiteo .*;ifii?L:,i:-:fi#Eio.[*i'ir#*ilrul#*t*itr*i:t,i,-,ffi AND 1. 2. PETITIONE The state of retangana, Rep. by its principar secretary, Agricurture and ff;Tsffil"?L,m:-f,9;:ffiIf,iff*"" " reransana, opp L B Stad ium, Basheerbjg ri Hil;b;oli"l, n grna State. petition under Articre 226 or the constitution of rndia ,;"Tf,?t3}lf;",l: circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction, more particularl, oi" 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 petitioner- company, viz., p. protector, p. Diamond, p. shooter, p. Agrigen, p. crogen, P' sengen, p. power, p. Fungimar, p. Guard, p. Gord, vipur prus, Exdoosmites, Pro Kiiler, pro star, p. shakthi, prakruthi, Mudra, Dr: crear, ,"rr"lr;;;, Racer, Prisprime, Retina, Legend, oopiri, Brahmahstrum, Bhuvan, srn"ro, Bharya, yodha, Mahadev, promagic, Arjuna, commander, p. wono", ptrr, Pfantac, Pcheetha, Haritha, pursar and Eagre, by issuing rrrr.ro No. pp., (1)208512005, dated 21-01-2006 and Letter No. pp.n(.,1roruiro05, dated 21_01_ 2006' and in the absence of notification prescribing the standards, as being illegal' arbitrary, unconstitutional, and direct the 2nd resp;ndent not to interfere with in any manner in selling and distribution of bio-products/bio-stimulants including from the ticensed premises of the dealers/stockists under the lnsecticides Act, 'r 96g and the Fertirizers contror (order) Ac,, .,nru.- 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 rd respondent not to interfere with manufacturing, sale and distribution of bio-products/bio-stimulants of petitioner-Company, viz., P. Protector, P. Diamond, P. Shooter, P. Agrigen, P. Crogen, P. Sengen, P. Power, P. Fungimar, P. Guard, P. Gold, Vipul Plus, Exdoosmites, Pro Killer, Pro Star, P. Shakthi, Prakruthi, lludra, Dr. Clear, Terminator-S5, Racer, Prisprime, Retina, Legend, Oopiri, Brahmahstrum, Bhuvan, Sahasra, Bharya, Yodha, Mahadev, Promagic, Arjuna, Commander, P. Wonder+, Pfantac, Pcheetha, Haritha, Pulsar & Eagle, 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

THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI No ORDER: This writ Petition has been filed seeking a writ of Mandamus declaring the action of the 2"d respondent in interfering with the manuflacturing, sale and distribution of bio-products/bio-stimulants of petitioner-company, by issuing Memo No.PP.II( Ll2o}s /2oos, dated 2r.oL.2006 and Letter No. PP.II(1)2085/2005, dated 2L.ol.2006 as being illegal and arbitrary and consequently to direct the 2nd 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 ord.ers. 2-

Brief facts leading to the liling 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 any toxic chemicals. He submitted that the petitioner- i.L company has also obtained GST Registration certificate r/ a _/ W.P.No.7430 of 2023 bearing No.36AANCP4018M LZO, dated L6.12.2O22. It is submitted that vide letter dated 2l "Ol.2006, the 2"d respondent has issued proceedirEs, 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 premises will not be permitted, therefore, the present writ petition is filed. Thereafter, several writ petitions were filed challenging the similar orders of the respondents and this court in a number of writ petitions i.e. in w.P.No'25293 of 2ol4 & bertch, have disposed of the sarne and tl.e directions were modified by the Division Bench in w.A.No. tl22 0f 2016 & w.A.No.l 136 0f 20L6 dated 03.1t.2o\6. It is further submitted that the copies of the above orders are filed as part of the writ papers'

3.

Learned Assistant Government Pleader for Agriculture has also confirmed the said position'

W.P.No.7430 of 2O23

4.

In view of the s€une, the writ petition is disposed of ',\rith similar directions as in w.p.No.46}44 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 //// SECTION OFFICER To, CHR LS

1.

The Principar Secretg?,.4gricurture and co-operation Dept., state of Jelangand, secretaiiai'Hyi;;;ild - "'! rJspr-' orare or 2- lhe commissioner and Director of Agriculture, state of relangana, opp. L.B. ^ Stadium, Basheerbagh, HydeiaOiO, i"l";ffi; SGi" 3. one cc to smt. e.vlApaini *Gririfti;dltJ'frbuct 4- Two ccs to GpJorAgricurtureJiigh i6rrt-i;fi"'Eiate of rerangana at _ Hyderqbad. IOUTI

5.

Two CD Cop-ies (Along with h copy of order in w.p.No .46g44 of 2022,dated 02.01.2023)

D HIGH COURT DATE i211A312023 ORDER Vlr.P.No.7430 of 2A23 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1r" "i *ti1 ll r"4 14: 0 1 fiPil ?CIn ( ii w

i I rroNouRABLE sRr JUsrrcE c.v.BnAsr<en niopv ORDER: rd iearned counsel for the petitioner.and learned Government preader for Agricurture appearing for the respondents. 2' It is submitted by ldarned counsel for the petitioner that the subject matter of this writ petition is squarery covered by the common order passed by this court in W.P.No.2S293 of 2Ot4 and batch, dated .O.OZ.2015, as modified by the Division Bench in w.A.No s.rr22and 1136 of 2016, dated 03.1i .2016. Further, this Cour.t, while disposing of w.p.No-4g of 2027 and batch vide common : : j i I i I order dated OZ.Og.2O21, held as under: . "ti. In uiew th.ereof, the Wit petitbns are d.bposed. of, granting libertg to the petitionbrs tn ma.ke apptications in compltance with the requirement of Clau.se i- of the order of the Gouernment of Ind.i4 bearing No.S.O.gg2(E), dated. 23.02.2021, within two (2) weeks from the d.ate of reeipt of copy of this order. If such apprbatians or" *oi" wtthin the time stiputated aboue, the competent authoritg sha.il process the same and if sati.sfted", to rssue prouisional Certifbate of Registration in Form GS, within four (4) weeks thereafter.

12.

It i.s made clear that the competent authoritg is entitled to collect samples in compliaice of part-,C, oj the ord.er dated 23.02.202 I and test the compatibitity of the products meeting the parameters to be marketed. as i i I I i { I I

2 3 bio-nutrients, before granting the prouisional Certtficate of nug;trrorAn. It is in the piUti" interest to ensure that a procluct to be produced' and marketed as a bio-nutient witlr the object of hetping the farmer to deuelop high cellulose and resistan"" io*" in the ptytt *:?,f^ty- parameters to qualify qs bio-nutri'e"t -y: fto*:::: 'shall cooperate in drawing the samples' Until the exerclse as directed aboue, is cimpleted, subject of course to O)rt ron"r" suUmittfng applications within the time stipulated oaout oni in'imptiance of requirements of Cla.use 5 of the ord"er iot"a %'O2'2O21 ?f tne Gotterntnent of India' petitioners are entitled to manufacture and drstribute as contemplated bg Clquse 4 of the order dated 23'02'2021' Howeuer' it i's'altuays open to the competent authoritg to uertfg tuhether the iroducts manufacture and distributed by the petitioners ar<z in compliance with the statutor7 requirements and talce action as warrarLted bg law'" ln 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'

4.

As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed- JUSTICE C.V.BHASI(AR REDDY Dated: O2.O1.2023 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.