M/S. Navitha Crop Science Private ... vs The State Of Telangana
2022 Latest Caselaw 953 Tel

    THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

              WRIT PETITION No.10778 of 2022
ORDER:

Heard the learned counsel for the petitioner and the

learned Government Pleader for Agriculture appearing on

behalf of the respondents. With their consent, the present Writ

Petition is being disposed of at the admission stage itself.

Seeking to declare the action of the respondents in

interfering with the manufacturing, sale and supply of Bio

Products, which are not covered under the insecticides Act,

1968 and the Fertilizers Control (Orders) Act, 1985, as illegal

and arbitrary, the petitioner has filed the present Writ Petition.

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 2 AAR,J W.P.No.10778 of 2022

Court in Writ Appeal Nos.1122 and 1136 of 2016 vide

common judgment dated 03.11.2016.

Relevant portion of the aforesaid common judgment

dated 03.11.2016 in Writ Appeal Nos.1122 and 1136 of 2016

reads as follows:

"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 3 AAR,J W.P.No.10778 of 2022

under appeal. The order under appeal is modified to the extent indicated hereinabove, and the Writ Appeals are disposed of accordingly."

Following the aforesaid judgments and for the reasons

stated therein, this Writ Petition is also disposed of in terms

thereof.

Miscellaneous Petitions, if any pending, shall stand

closed. There shall be no order as to costs.

                                    _________________________
                                        A.ABHISHEK REDDY, J
 nd
2     MARCH, 2022.

kvni/plv