M/S. Iscon Agri Solutions vs. The State Of Telangana

WP/841/2023HC TelanganaGSTCNR HBHC01001480202310 January 2023Bench: C.V. BHASKAR REDDY4 pages

For Petitioner: SRI. KOMMULA HIMA BINDU

AI SummaryRemanded

Facts

The petitioner, M/s. ISCON AGRI SOLUTIONS, sought a writ of mandamus to prevent the respondents, the State of Telangana and the Commissioner and Director of Agriculture, from interfering with their business of manufacturing, selling, and supplying biotech products. The petitioner argued that the respondents' actions were arbitrary and violated their fundamental rights, especially since they had obtained a GST registration certificate. The petitioner contended that the respondents were interfering with their business without following the procedure of collecting samples for analysis, as previously directed by the High Court in other writ petitions. The petitioner also relied on prior High Court orders and government notifications regarding the sale and supply of biotech products.

Held

The High Court disposed of the writ petition by granting liberty to the petitioner to make applications in compliance with Clause 5 of the Government of India's order bearing No. S.O. 882(E), dated 23.02.2021, within two weeks of receiving the order. If such applications were made within the stipulated time, the competent authority was directed to process them and, if satisfied, issue a provisional Certificate of Registration in Form G-3 within four weeks thereafter. The court clarified that the competent authority is entitled to collect samples in compliance with Part 'C' of the order dated 23.02.2021 to test product compatibility as bio-nutrients before granting the provisional certificate. The petitioner was directed to cooperate in drawing samples. Until the process was completed, subject to the petitioner submitting applications and complying with Clause 5 of the order dated 23.02.2021, they were entitled to manufacture and distribute as contemplated by Clause 4 of the same order. The competent authority retains the right to verify compliance and take necessary action as per law. The court disposed of the petition without costs.

Key Issues

1. Whether the respondents' action of interfering with the petitioner's business of manufacturing, sale, and supply of biotech products is arbitrary, illegal, and violative of the petitioner's fundamental rights under Articles 14 and 21 of the Constitution of India and the principles of natural justice, particularly when the petitioner possesses a GST registration certificate. 2. Whether the respondents are obligated to follow the procedure of collecting samples of the petitioner's products for analysis before interfering with their business, as per previous High Court orders. Petitioner's arguments: The petitioner contended that the respondents' interference was unlawful and violated their constitutional rights. They argued that the respondents should have collected samples for analysis, as mandated by previous High Court orders, specifically referencing W.P. No. 25293 of 2014 and its subsequent modifications. The petitioner also relied on a government order (S.O. 882(E) dated 23.02.2021) and a prior High Court order in W.P. No. 48 of 2021 and batch dated 07.09.2021. Respondents' arguments: The judgment does not explicitly record arguments made by the respondents. However, the court's order implies that the respondents' actions were subject to the procedures outlined in the government order and previous court directives.

Sections Cited

Section 14, Section 151

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

132e6 | HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRJ JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 841 OF 2023 Between: M/s. ISCON AGRI SOLUTIONS, Represented by its Proprietor Mr. Putta. Anjaneplu, S/o. Veeraiah, R/o. P.No. 196, Anupama Nagar, Hastinapuram, Sagar Ring Road, Champapet, Hyderabad, Rangareddy District - 500 079. ...PETITIOI\ER ANDl. The State ofTelangana, rep. by Its Principal Secretary, Agriculture Department, Secretariat Buildings, Hyderabad. 2. The Commisssioner and Director of Agriculture, Govemment of Telangan4 Opp.L.B. Stadium, Basheerbagh, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of MANDAMUS (a) declaring the action of the respondents in interfering with the petitioner's business of manufacture, sale and supply of Biotech products without receiving the samples of 5 Kgs of product dealt by the petitioner to get the analysis from the suitable laboratory in terms of the order passed by the Hon'ble High Court in W.P. No. 25293 of 2014 and batch dated 10.07.2015 though the petitioner has obtained GST Registration Certificate vide GSTIN/UIN No. 36AYPPA8770N1ZO dated 01.08.2022 ftom the GST Registering Authority, Saroor Nagar Division, Telangana State. This action of the respondents is arbitrary, illegal and violative of Art 14 and 21 of the Constitution of India and violative of Principles of Natural Justice, and (b) consequently declare that the petitioner is entitled to sale and supply of Biotech products in the premises bearing Anupama Nagar, Hastinapuram, Sagar Ring Road, Champapet, Hyderabad - 500 079., without reference to Memo No PP.II(I) 2085/2005 dated 26.06.2006 issued by the first respondent by extending the benefit oforders dated 16.7.2010 IA 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 respondents not to interfere with the petitioner's manufacture, sale, distribution of the Biotech products including from the licensed premises bearing Regd Office and Godown at Anupima Nagar, Hastinapuram, Sagar fung Road, Champapet, Hyderabad - 500 079 Counsel for the Petitioner : SRI. KOMMULA HIMA BINDU Counsel for thc Respondents : GP FOR AGRICULTURE The Court made the following : I I THON'BLE SRI JUSTICE C.V.BHASKAR REDDY W.P.No.841 of 2o23 11. In uieu thereof, the Wit Petitions are disposed of, granting liberty to tlle petitioners to make applications in compliance uith the reqtirement of Clause 5 of the oriler of the Gouernment of India" beaing No.5.O.882 (E), dated 23.02.2021, tuithin tuo (2) weeks from the date of receipt of copg of this order. If such applications are made within the time stipulated aboue, the competent authoitg shall process the sanv and. if satisfied, to issue prouisional Certifcate of Registration in Form G-3, tuithin four (4) ueeks thereafier. 12. It is fiiade clear that the competent autLloitA is entitled to collect samples in compliance of part -'C' of the order dated 23.02.2021 and test the compatibility of the products m.eeting tlle pardmeters to be marketed a bio-nutrients, before granting tle prouisional Certiftcate of Regi,stration. It is in the public interest to ens'ure that a product to be produced and marketed as a bio-

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 this Court in W.P.No.25293 of 2Ol4 and batch, dated 1O.O7.2OL5, as modifled by tie Division Bench in W.A.Nos. 1122 and 1136 of 2016, dated O3.11.2016. Further, this Court has disposed of W.P.No.48 of 2O2l and batch vide common order dated 07.O9.2O21, conclusive portion of which reads as under:

2 nutrient. The petitioners shall cooperate in d.ranaing the samptes. Until the exercise os directed aboue, is comp_leted, subject of aurse of petitioners submitting application-s uithin the time stiputated aboue and. in compliance of requirements of Clause S of the ord_er dated 23.O2.2021 of the Gouernment of India, petitioners are entitled to manufacture and disiibute as contemplated bg Clattse 4 of the order d.oted 23.02.2021. Horaeuer, it is ahtags open to the conipetent authoitg to ueifg whether the products manufactured and distibuted by the petitionirs are in compliance utith th.e stqtutory requirements and_ take actions uarranted bg lout.' In terms of the aforestated 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 sequel, the miscellaneous petitions pending, if any, shall stand closed. //II .MOHD.SANAULLAH ANSARJ ASSISTANT REGISTRAR w-- SECTION OFFICER To, i. The Principal Secretary, Agriculture Department, Secretariat Buildings, state of Telangana, Hyderabad.

The Commisssioner and Director of Agriculture, Govemment of Telanganq Opp.L.B. Stadium, Basheerbagh, Hyderabad.

One CC to SRI. KOMMULA HIMA BINDUAdvocate [OPUC] 4' Two ccs to GP FoR AGRICULTURE , High courr for-tt " stui. of relangan4 Hyderabad. [OUT]

Two CD Copies

-- IIIGII COURT CVBRJ DATED: l0/01/2023 ORDER WP.No.841 of 2023 WRIT PETITION IS DISPOSED OFWITHOUT COSTS i rI JAl,t zozl P& STA 14:

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.