M/S. Prudhvi Organics vs. The State Of Telangana
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The petitioner, M/s. Prudhvi Organics, engaged in manufacturing, selling, and distributing bio-products/bio-stimulants without toxic chemicals, 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 their 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 possesses a GST Registration Certificate obtained on 25.10.2022.
Held
The Court held that the present Writ Petition is disposed of in terms of the common order passed in W.P. No. 25293 of 2014, as relied upon by the Division Bench in SA Nos. 1122 and 1136 of 2016, and further by this Court in W.P. No. 48 of 2021 and batch. The reasoning in the cited orders indicated that petitioners were granted liberty to make applications for registration in compliance with Clause 5 of the Government of India Order No. S.O. 882(E) dated 23.02.2021 within two weeks of receiving the order. The competent authority was to process these applications and, if satisfied, issue a Provisional Certificate of Registration within four weeks. The Court also noted that the competent authority is entitled to collect samples and test the compatibility of products to qualify as bio-nutrients, ensuring they meet the parameters. Until the registration process is completed, petitioners could continue manufacturing and distributing products contemplated by Clause 4 of the order dated 23.02.2021. However, the competent authority retained the right to examine compliance with statutory requirements and take action as warranted by law. The Court directed that the Writ Petition be disposed of in terms of these previous orders, with no order as to costs.
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 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 is covered by a common order of this Court in W.P. No. 25293 of 2014, upheld by a Division Bench in SA Nos. 1122 and 1136 of 2016, and further by this Court's order in W.P. No. 48 of 2021 and batch. They sought a direction to the 2nd respondent not to interfere with their business, including sales from licensed premises under the Insecticides Act, 1968, and the Fertilizers Control (Order) Act, 1985. Revenue's contention: The learned Assistant Government Pleader for Agriculture confirmed the petitioner's submission regarding the applicability of previous orders.
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
ORDER: This Writ Petition has been filed seeking a Writ of Mandamus declaring the action of the 2"a respondent in interfering with the manufacturing, sale and distribution of bio-products/bio-stimulants of petitioner-Firm, by issuing Memo No.PP.II(1)2085/2OO5, dated 21.OI.2006 and Letter No.PP.II(1)2085/2OO5, dated 21.O1.2O06 as 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-Firm and to pass such other order or orders.
Brief facts leading to the frling 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 iubmitted that the petitioner-firm has also obtained GST Registration Certificate bearing No.36AMEPG3616J2Z5, dated 25.10.2022. 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 -/
]'I\TD,J V Ir No 553- of 2O2J premises \\rill no be permitted, therefore, the ltrese_it Writ petition is filed. 3 Learned cc rrsr:r for the petitioner subm itted t hat the subject matter of thrs Wr it p.titio, is squarely covered br. t,.rt: cr,mmon order passed by rhis ,rurt in W.p.No.25293 of :,,t(_)14 [ir lratch, dated lO.O7.2OlS, as n rclified bv the Di'ision Bench in S..,r\.N,rs.1 122 and. 1136 of 2016 dat d 03. 17.,.2016. Further, this Court,.whle disposing of W.P.No.48 ol' 2t 2l and batch vicle common or.der c aLed 07.O9.2021 held as under: "11- Itt uie libertll to tt the re'quire India, bear u.teek'.s fror, appliccttiotr: cotnpeletlL, issue prout. Jbur (4 ) tuee
It is mt collect sctm 23.02.2021 paranuttars prouisi,tnal t ensure thot nutrienL Luit celfulose ant to qualifq < dranuinrl the completcd, s tuithin the requirerrtents Gouernntent distnbut.e a: 23.02.2021. authoitq to -t r,hereof, ,lhe wit petitions are di:;posed :tf, ltranting e petitioners to make applicotions in conry,iiaice uitlh ne'nt of Cltuse S oJ the order of the G tt,ern,nent of 4r lVo.S.O.882(E), dated_ 23.O2.2O2j, ui:,tlin tu.to (2) the date of receipt of copy of this o;tl,:r. If suLch urt nlode tuithin thc time stip tlateo ,ttx,',e, the uthr,itrl s.hr.r// procrss lhe same trnd rf .;,ttis.eed, to ional Ccrh licate oJ' Registration in Fonn <; S, tuiihin ;s thereoftcr. dL: <:[ear that the competent authoity i; entttled_ to ,les in co,npliance of part_,C, of the tder d.ated tnd test the compatibilitg of the prlfiycts nieeting th.e o b<, marh:eted as bio nutrients, b,-,fore :lrentitl; the eft(;cate of Registrotion. It is in tht, prtbLt ;nier_Jst b a producl lo be procluced. and. mttkete t as a bio_ the' obje<:t of heQing tlrc former to d=telop high re;si.stance pou.ler in the plants neets the ptrarnetJrs ; bto-rtutnent. The petitioners sltall c,.tt,";erate in s,rnples. Until the exercise as ciirecte<l aboue, is briect of aurse to petitioners submttting orr,oltc,ztiLons tine stipulated oboue and in ,.o*ir;irin ," of <t1'Clause 5 of the order dated Zl.OZ.:O:ll of tne l' Irulia, pe'titioners are entitled to ,zLon r1Lr.tur,, ,nd r'ontempkLted by Ctause 4 of the o,der ,jated Hou,e-uer, it is atu,ags open to the, :,-tnletent uznfg whether tlrc products n)anufa (.1 ,r. on9
PMD,.' W P.No.5535 of 2023 distibuted bg the petitioners are in compliance uith the stq.tutory requirements and take action qs taarranted. by laut."
Learned Assistant Government Pleader for Agriculture has also confirmed the said submission.
In terms of the aforesaid order and for the reasons alike, this Writ Petition is also disposed of in terms thereof. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stand closed. MOHD.SANAULLAH ANSARI ASSISTANT REGIS RAR ///I To, SECTION OF'FICER 3 I . The Principal Secretary, Agriculture and Co_operation Dept., Secretariat, Hyderabad, State of Telangana.
The Commissioner and Director of Agriculture, State of Telangana, Opp. L.B. - Stadium, Basheerbagh, Hyderabad, Tilangarra State.
One CC to SRI. B V APARNA LAKSHMI edvocate [opUC]
Two CCs to Gp FOR AGRICULTURE, High Court foi the State of Telangana, Hyderabad. [OUT]
Two CD Copies
IIIGII COUII I PMD, J DATED: 0710312023 ORDER WP.No.5535 ol'2(123 WRIT PETITION IS D SPOSI.]D OF WITHOUT COSTS 11 trf,?, ?ffil
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.