Karnataka High Court
M/S Tbro S Farm Technologies vs State Of Karnataka on 25 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:29217
WP No. 18064 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 18064 OF 2024 (GM-RES)
BETWEEN:
M/S TBRO S FARM TECHNOLOGIES
D. NO. 4-3/4, LAKKARAM VILLAGE
CHOTUPPAL HOBLI, YADADRI - BHUVANA
GIRI DISTRICT - 508 252, TELANGANA.
REGISTERED UNDER COMPANIES ACT 1956
REPRESENTED BY ITS PROPRIETOR
MR. SHAKAMURI NAVEEN
S/O S DURGA PRASAD
AGED ABOUT 37 YEARS.
BUSINESS AT SHOP NO.03, 2ND CROSS
KHADRIPURAM MAIN ROAD
KARANJIKATTE, KOLAR DISTRICT - 563 101
KARNATAKA.
...PETITIONER
(BY SRI SANGAMESH R.B, ADV.)
AND:
Digitally
signed by
NANDINI MS 1. STATE OF KARNATAKA
Location:
High Court of DEPARTMENT OF AGRICULTURE
Karnataka M.S. BUILDING, REP. BY SECRETARY
VIKASA SOUDHA, BANGALORE
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER &
DIRECTOR OF AGRICULTURE
OFFICE OF DIRECTOR OF AGRICULTURE
SESHADRI ROAD, BANGALORE - 560 001.
3. THE JOINT DIRECTOR
O/O JOINT DIRECTOR OF AGRICULTURE
-2-
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WP No. 18064 of 2024
SESHADRI ROAD, BANGALORE - 560 001.
4. INSECTICIDE INSPECTOR &
AGRICULTURE OFFICER
BENGALURU DISTRICT
SESHADRI ROAD
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI K.S. HARISH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT
AUTHORITIES NOT TO INTERFERE WITH THE SALE AND DISTRIBUTION
OF BIO PRODUCTS / BIO STIMULANTS, BELONGING TO THE PETITIONER
COMPANY, WHICH ARE MORE FULLY DESCRIBED IN THE SCHEDULE
HEREUNDER, OTHERWISE THEN IN ACCORDANCE WITH LAW AND TO
STRICTLY FOLLOW THE GOVERNMENT ORDER DTD. 23.02.2021
BEARING NUMBER SO 882(E) WHICH IS EXTENDED UPTO AUG 2025.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR)
In this petition, the petitioner seeks for the following reliefs:
i) Issue a writ in the nature of mandamus, directing the
respondent authorities not to interfere with the sale and
distribution of bio products/bio stimulants, belonging to
the petitioner company, which are more fully described in
the schedule hereunder, otherwise then in accordance
with law and to strictly follow the Government Order
dated 23/02/2021, bearing number SO 882(E), which is
extended upto Aug-2025-Annexure-D.
ii) Issue such other direction as this Hon'ble Court deems
fit to grant in the facts and circumstances of the case in
the interest of justice and equity.
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2. Heard learned counsel for the petitioner and learned
AGA for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged
in the memorandum of petition and referring to the material on
record, learned counsel for the petitioner submits that under
identical circumstances, the Hon'ble High Court for the State of
Telangana at Hyderabad has disposed of the petitions filed by
other manufacturers, who are similarly situated in the case of M/s.
Sree Kisan Seva Kendram Vs. The State of Telangana and
another - W.P.No.4494/2024 dated 21.02.2024 and the present
petition also may be disposed of in the above terms.
4. Per contra, learned AGA submits that there is no merit
in the petition and the same is liable to be dismissed.
5. As rightly contended by the learned counsel for the
petitioner under identical circumstances in relation to and arising
out of Government Order dated 23.02.2021, the Hon'ble High Court
for the State of Telangana at Hyderabad in the case of M/s. Sree
Kisan Seva Kendram Vs. The State of Telangana and another -
W.P.No.4494/2024 dated 21.02.2024 places reliance upon an
earlier order passed in W.P.No.48/2021 and batch dated
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07.09.2021 and disposed of the petition by issuing several
directions as hereunder:
"This writ petition has been filed by the
petitioner seeking the following relief:
"...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 petitioner-Firm,
viz., Devalap, Glory, Protect, Neem,
Karintan, Mustard, Ultra, Victary, Platinam,
Trigger, Hunter, Sharp, Dark, Flower,
Rizer, Trend, Global, Miracle, S-Power,
Defend, Smart, Cure, Booster, Attacker,
Roundup, Saaf, Confidor, Super, Nano
Dap, Trend Setter, Mega Power, Cobra,
Fung Clean, Cotton Gold, Cotton Care,
Cotton Master, Block Buster, Timber,
Ultimate, Crop Care, Royal Gold, Royal
Plus, Chilli Master, Chilli Doctor, Nano
Booster, Nano Mircale, Power, Bheem,
Mega Safari, All in One, Covera, Daypro
Alta, Doctors, Raksha, Tarun, Multi Care,
Multi Protect, Multi Power, Amrut and
Amrut Plus, 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, 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-stimulants
including from the licensed premises of the
dealers/stockists under the Insecticides
Act,1968 and the Fertilizers Control
(Order) Act 1985".
2. Heard learned counsel for the
petitioner and learned Government Pleader for
Agriculture appearing for the respondents.
3. It is submitted by learned counsel for
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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 2014
and batch, dated 10.07.2015, as modified by the
Division Bench in W.A.Nos.1122 and 1136 of
2016, dated 03.11.2016. Further, this Court, while
disposing of W.P.No.48 of 2021 and batch vide
common order dated 07.09.2021, held as under:-
"11. In view thereof, the Writ Petitions
are disposed of, granting liberty to the
petitioners to make applications in
compliance with the requirement of Clause
5 of the order of the Government of India,
bearing No.S.O.882 (E), dated
23.03.2021, within two (02) weeks from the
date of receipt of copy of this order. If such
applications are made within the time
stipulated above, the competent authority
shall process the same and if satisfied, to
issue provisional Certificate of Registration
in Form G-3, within four (4) weeks
thereafter.
12. It is made clear that the
competent authority is entitled to collect
samples in compliance of Part-C of the order
dated 23.02.2021 and test the compatibility
of the products meeting the parameters to be
marketed 2 as bio-nutrients, before granting
the provisional Certificate of Registration. 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 develop high cellulose and
resistance power in the plants meets the
parameters to qualify as a bio-nutrient. The
petitioners shall co-operate in drawing the
samples. Until the exercise as directed
above, is completed, subject of course to
petitioners submitting applications within the
time stipulated above and in compliance of
requirements of Clause 5 of the order dated
23.02.2021 of the Government of India,
petitioners are entitled to manufacture and
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distribute as contemplated by Clause 4 of the
order dated 23.02.2021. However, it is
always open to the competent authority to
verify whether the products manufactured
and distributed by the petitioners are in
compliance with the statutory requirements
and take action as warranted by law".
4. In terms of the afore stated orders and
for the reasons mentioned therein, this Writ
Petition is also disposed of. There shall be no
order as to costs.
As a sequel, the miscellaneous
applications, if any, pending in the Writ Petition
shall stand closed."
6. Under these circumstances, I deem it just and
appropriate to dispose of this petition in terms of the order passed
by the Hon'ble High Court for the State of Telangana at Hyderabad
in the case of M/s. Sree Kisan Seva Kendram Vs. The State of
Telangana and another - W.P.No.4494/2024 dated 21.02.2024
and issue certain directions in this regard.
7. In the result, I pass the following:
ORDER
i) The writ petition is hereby allowed and
disposed of in terms of the judgment of the Hon'ble High
Court for the State of Telangana at Hyderabad in the
case of M/s. Sree Kisan Seva Kendram Vs. The State
of Telangana and another - W.P.No.4494/2024 dated
21.02.2024.
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ii) Respondent-Authorities are directed not to
interfere with the sale and distribution of the petition
schedule bio products/bio stimulants viz., Sanchalan,
Dhoom, Drift, Rolex, T-Cott, Zoomer, Fitter, Larze, T-
Fire, Jaler, Bownser, Raw, Conner, Spin, Liner, Twist,
Visitor, Zest, Alexa, Tasker, Zoom, Ashirwad, T-Max,
Topstar, Shanvi SL, Tapasvi Bulldog, Citizen, Super
Express, N-Mite, Prime Express, S-mite, Flto, Warrior,
Gladiator, Glider, Jumper, Kickplus, Logo, Magnet,
Movie, No-more, Taras, Fly, Prithvi, Pudami, Race,
Ragada, Galata, Ravan, Real-5, Spin, Syney, T3,
Talwar, Tence Radon, Uniarxsp, Doublestoke,
otherwise than in accordance with law and to strictly
follow the Government Order dated 23.02.2021 bearing
No.SO882(E), which is extended up to August, 2025.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
NMS
