Telangana High Court
Krushi Vigyan Fertilizers vs The State Of Telangana on 5 January, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO.323 OF 2024
ORDER:
Heard learned counsel for the petitioner and learned
Government Pleader for Agriculture appearing for the
respondents.
2. 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
2014 and batch, dated 10.07.2015, as modified by the Division
Bench in W.A.Nos.1122 and 1136 of 2016 vide common
judgment 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 23.02.2021, within two (2) 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.
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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 cooperate 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 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."
3. 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 thereto, miscellaneous applications, if any,
pending in the writ petition stand closed.
______________________________ JUSTICE NAGESH BHEEMAPAKA Date: 05.01.2024 ns
