Telangana High Court
M/S. Munara Agro Technologies ... vs The State Of Telangana on 25 November, 2021
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.30359 of 2021
ORDER:
This Writ Petition is filed for 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 the sale and
distribution of bio-products of petitioner-Company viz.,
Optimum, Optimum PLVS, Optimum Complex, Humical,
Aminocal, Aminobor, Aminofer, Multi Trace, Aminomag &
Amino Pro, 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 as being illegal, arbitrary, unconstitutional and
without jurisdiction and further direct the 2nd respondent
not to interfere with in any manner in selling and
distribution of bio-products including from the licensed
premises of the dealers/stockists under the Insecticides
Act, 1968 and the Fertilizers Control (Order) Act, 1985......"
2. It is submitted by the learned counsel for the petitioner
as well as the learned Government Pleader for Agriculture
appearing for the respondents that the issue in the present
Writ Petition is squarely covered by the common order, dated
10.07.2015 passed by this Court in Writ Petition No.25293 of
2014 and batch, as modified by the Division Bench of this
Court in Writ Appeal Nos.1122 and 1136 of 2016 vide
common judgment, dated 03.11.2016.
3. Relevant portion of the aforesaid common judgment,
dated 03.11.2016 in Writ Appeal Nos.1122 and 1136 of 2016
is as under:
"While we are in complete agreement with the submission
of Sri S. Niranjan Reddy, learned Senior Counsel appearing
on behalf of the respondent-writ petitioner, that there
cannot be an omnibus categorization, of all bio-products as
insecticides, for the purpose of taking action under the Act,
the grounds on which the Insecticide Inspector has reason
to believe, that insecticides are being sold in contravention
of the provisions of the Act and the Rules, would depend
upon the facts of each case, and cannot be circumscribed
by way of guidelines issued by this Court. The guidelines
prescribed, in the order under appeal, can only supplement
and not supplant the law, and would remain in force only
till appropriate legislation - either plenary or subordinate -
is made in this regard. Suffice it, while making it clear that
there cannot be an omnibus categorization of all bio-
products as insecticides for taking action against the
dealers of those goods, to also make it clear that the
guidelines, prescribed in the order under appeal, shall be in
addition to, and not in derogation of, the powers conferred
on the concerned authorities under the Act and the Rules.
We may not be understood to have expressed any opinion
on whether or not any of these bio-products are
insecticides, as these are matters which the authorities
concerned are required to examine in accordance with the
provisions of the Act, the Rules made thereunder, and the
guidelines stipulated in the order under appeal. The order
under appeal is modified to the extent indicated
hereinabove, and the Writ Appeals are disposed of
accordingly."
4. Following the aforesaid judgments and for the reasons
stated therein, this Writ Petition is also disposed of in terms
thereof. No order as to costs.
5. Consequently, miscellaneous petitions pending, if any,
shall stand closed.
___________________
T. VINOD KUMAR, J
25th November, 2021.
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