Hyderabad: The Hyderabad High Court has ruled that NPK is not a fertilizer and TS cannot insist on an authorisation letter from AP as a condition for issuing authorisation to the manufacturer.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice P, Naveen Rao was on Tuesday dismissing a petition by the TS government to review the order of the division bench on March 9, 2016.
The bench had on March 9 upheld an order of a single judge directing the TS government to process an application by the Maheswari Fertilizers of Kadapa district for authorisation to carry on its activities in TS.
The petitioner company, which manufactures mixture fertilizers had obtained licence under the Fertilizer (Control) Order, 1985 and also authorisation to carry on dealership activity in undivided AP.
Post bifurcation, it sought authorisation from the TS government but its application was opposed on the ground that urea is a controlled fertilizer and its price, distribution and movement controlled by Order, 1985 and Fertilizer (Movement Control) Order, 1973.
It contended that urea is used as one of the raw materials to make NPK. Thus, unless authorisation from AP was obtained, the petitioner would not be permitted to act as authorised dealers in TS.
On consideration of rival submissions, the single judge held that NPK is excluded from the definition of ‘fertilizer’ and, therefore, Order 1973 cannot be invoked. Aggrieved by the order, the TS preferred appeals and the division bench dismissed the appeals while upholding the single judge order.
The TS government then moved a petition seeking review of the order of the division bench. The bench headed by Justice Ranganathan dismissed the plea stating that it did not see any error in the decision of the earlier bench.
