APHC010163132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8540/2025 Between: 1. FERTIS INDIA PRIVATE LIMITED, REP. BY ITS CHIEF EXECUTIVE OFFICER, P. GOPALA KRISHNA S/O. P. SURYANARAYANA, AGED 66 YEARS, R/O. D.NO. 8-3-965/A/501, KBR MANICOMS RESIDENCY, SRINAGAR COLONY, OPP HDFC BANK, HYDERABAD-500 073, TELANGANA STATE. FACTORY AT SY.NO. 472,6, GOLLAGUDA VILLAGE, SADASIVAPET MANDAL, SANGAREDDY DISTRICT-502 306, TELANGANA STATE. OFFICE AT D.NO. 6-3-668/10/56, PLOT NO.56, DURGANAGAR COLONY PANJAGUTTA, HYDERABAD-500 082, TELANGANA STATE. SALE POINT IN AP STATE AT D.NO. 24-26/2, 26/3, 24-26/4, BALAJI NAGAR, RAYANPADU ROAD, GOLLAPUDI VIJAYAWADA - 521 225, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY,AGRICULTURE AND CO-OPERATION DEPT., SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF AGRICULTURE, STATE OF ANDHRA PRADESH, NEAR RYTHU BAZAR, CHUTTUGUNTA, GUNTUR. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased 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 sale and distribution of bio-products/bio- stimulants of petitioner- Company, viz., Ecolaid Freedom Soil, Ecolaid Freedom-Folair, Imphact, Ever, Ecolaid Freedom Insectcyte, Ecolaid Prime- CNP, Ecolaid-CN, Akre Select Vegetative, Akre Select Flowering / Reproductive, Poly Green, Poly Flowering/Reproductive, Trail Blaze, Akre Shield, Ecolaid Pulse, Amino Plus, Akre Sure, Actin, Tracs Sure Foliar and Tracs Sure Granules, which contains Cell Free Microbial Products, Anti- oxidants. Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act, 1968 and not included in Schedule- VI of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.II(1)2085/2005,dated 21-01-2006and Letter No. PP.II(1)2085/20 05, dated 21-01-2006,and in the absence of notification prescribing the standards in Schedule-VI, as being illegal, arbitrary, unconstitutional, and direct the 2nd respondent not to interfere within 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 and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd respondent not to interfere with sale and distribution of bio products/bio-stimulants of petitioner-Company, viz., Ecolaid Freedom Soil, Ecolaid Freedom-Folair, Imphact, Ever, Ecolaid Freedom 15 Insectcyte, Ecolaid Prime-CNP, Ecolaid-CN, Akre Select Vegetative, Akre Select Flowering / Reproductive, Poly Green, Poly Flowering/Reproductive, Trail Blaze, Akre Shield, Ecolaid Pulse, Amino Plus, Akre Sure, Actin, Tracs Sure Foliar & Tracs Sure Granules, which contains Cell Free Microbial Products, Anti-oxidants, Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act, 1968 and not included in Schedule-VI of the Fertilizers Control (Order) Act, 1985, including from the licensed premises of the dealers, stockists, under the Insecticides Act, 1968 and the Fertilizers Control (order) Act, 1985, pending disposal of the above Writ petition and pass Counsel for the Petitioner: 1. B V APARNA LAKSHMI Counsel for the Respondent(S): 1. GP FOR AGRICULTURE The Court made the following: ORAL ORDER: Heard Sri V.Jagadeesh, learned Counsel representing Smt. B.V.Aparna Lakshmi, learned Counsel for the Writ Petitioner (appeared Online), Sri A.Kishore Kumar, learned Assistant Government Pleader for Agriculture. 2. Learned Counsel for the Writ Petitioner seeks to withdraw this Writ Petition with a liberty to file a fresh Writ Petition. 3. Having regard to the facts and circumstances, this Court deems it appropriate to grant liberty to the Writ Petitioner for filing a fresh Writ Petition. 4. Accordingly, the Writ Petition is dismissed as withdrawn with a liberty to the Writ Petitioner to file a fresh Writ Petition. Interlocutory Applications, if any, stand closed in terms of this Order. __________________________ G.RAMAKRISHNA PRASAD, J Date: 07.04.2025 SRT 66 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD W.P.No.8540 of 2025 Date: 07.04.2025 SRT