APHC010241192025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Fourteenth Day of July The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No. Between: 1. Criyagen Agri & Biotech Private Limited Doddaballapur, Neelamangala State Highway Road, Kareem Sonnenahalli village, Tumkur Registered office at, Door No.:18 Chittoor District, Andhra Pradesh represented by its Assistant General Manager, V.Nagarjuna, S/o V.Narasimhulu, aged about 36 years, occupation Business, R/o, Gyarampalli, Settipalli Vandlapalli, Kambhamvaripalli, Chitoor, Andhra P and 1. The state of Andhra Pradesh, rep. by its Principal Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati 2. The Commissioner and Director of Agriculture, Government of Andhra Pradesh,old Mirchi yard, Nallapadu, Counsel for the petitioner: 1. G.V.Gangadhar Counsel for the Respondent 1. Government Pleader for IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Fourteenth Day of July, Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No.12787 of 2025 Criyagen Agri & Biotech Private Limited, having its factory H.N Doddaballapur, Neelamangala State Highway Road, Kareem Sonnenahalli village, Tumkur-Post, Bangalore, Karnataka Registered office at, Door No.:18-3-53/28, Santhi Nagar, Tirupathi, Chittoor District, Andhra Pradesh represented by its Assistant General Manager, V.Nagarjuna, S/o V.Narasimhulu, aged about 36 years, occupation Business, R/o, Gyarampalli, Settipalli Vandlapalli, Kambhamvaripalli, Chitoor, Andhra Pradesh-517213. ...P The state of Andhra Pradesh, rep. by its Principal Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati The Commissioner and Director of Agriculture, Government of Andhra old Mirchi yard, Nallapadu, Chuttagunta,Guntur,Guntur ...Respondents etitioner: Counsel for the Respondents for Agriculture IN THE HIGH COURT OF ANDHRA PRADESH [3311] Two Thousand and Twenty Five H.No.71/5, Doddaballapur, Neelamangala State Highway Road, Kareem Post, Bangalore, Karnataka-562163. Santhi Nagar, Tirupathi, Chittoor District, Andhra Pradesh represented by its Assistant General Manager, V.Nagarjuna, S/o V.Narasimhulu, aged about 36 years, occupation Business, R/o, Gyarampalli, Settipalli Vandlapalli, ...Petitioner The state of Andhra Pradesh, rep. by its Principal Secretary, Agriculture The Commissioner and Director of Agriculture, Government of Andhra untur District. espondents 2 BSB, J W.P. No.12787 of 2025 The Court made the following: ORDER This Writ Petition under Article 226 of Constitution of India is filed to issue a writ or direction particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in interfering with manufacture, sale and marketing of bio products / bio- stimulants of petitioner company i.e., Gromor F-20 / Total-20 under the brand name “Criyagen Agri and Biotech Private Limited” in pursuance of the memo No.PPI(1) 2085 / 2005 dated 21.01.2006 and consequential letter No.PPII(1)2085 / 2005 dated 21.01.2006 as being illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles 14, 19 (1) (g), 21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to interfere with the petitioners’ business etc., aforesaid, including in the licensed premises of the petitioner company and its dealers / stockiests in the State of Andhra Pradesh under the Insecticides Act, 1968 and Fertilizers (Control) Order, 1985 and pass such other order or orders which this Court deems fit in the interest of justice. 2. The learned counsel for the petitioner submitted that in some matters, vide order dated 18.09.2024 in W.P.No.20538 of 2024, the petitioner therein was given liberty to submit an application and the respondents were directed to process the application on receipt of such application and meanwhile, the respondents were directed to permit the petitioner to deal with subject products. He further submitted that earlier also, writ petitions No.13610, 13640 and 14274 of 2024 dealing with the same subject matter were disposed of on 09.07.2024 in terms of the order dated 26.07.2021 in W.P.No.13169 3 BSB, J W.P. No.12787 of 2025 of 2021. Therefore, he requested to pass the similar order as in W.P.No.20538 of 2024. There is also reference to order dated 10.07.2015 in a batch of cases in W.P.No.25293 of 2014 etc. 3. The learned Assistant Government Pleader for Agriculture placed on record the written instructions of Director of Agriculture, Andhra Pradesh, Guntur dated 08.05.2025 which reads as below:- • Previously all the firms were manufacturing and marketing the bio products in the State when the bio products come under neither F.C.O., 1985 nor Insecticide Act, 1966. • The High Court of Andhra Pradesh has given certain directions, in W.P.No.25293 of 2014 and batch on 10-07-2015 to the manufacturers as well as the department to maintain the quality of the bio products. • The bio product manufacturers approached the High Court by referring the above said order to the extent of the directions, which are favourable to their business, without complying the other directions and got the favourable orders under the cover order in W.P.No.25293 of 2014 and batch. • M/S.Challenge Bio Agri Products filed W.P.No.1316/2025 seeking the relief under the cover of order in W.P.No.25293 of 2014 and batch. • In the year 2021, all the bio-products were divided into 9 categories and renamed as bio-stimulants and were included in Schedule-VI of F.C.O., 1985 under clause 20C vide S.O.No 882, dated 23.02.2021. • Detailed guidelines were given in S.O.No. 882, dt 23.02.2021 duly facilitating the existing bio-stimulant manufacturers to 4 BSB, J W.P. No.12787 of 2025 obtain provisional registration (Form-G3) from the Controller, G.O.l. till the permanent registration process is completed. • For existing manufacturers who are doing business for three years prior to S.O. are eligible to get Form-G2 from the manufacturing state and get provisional registration (Form G3) from G.O.I. without having specifications in the bio-stimulants. • For new manufacturer / importers and existing manufacturers who desire to get the permanent registration with specifications of their bio-stimulants should apply in Form-G for inclusion in Schedule-VI of F.C.O., 1985. • The Govt. of India specified the time limits for obtaining the Provisional Registration (Form-G3) i.e. 31.03.2023 as per S.O. 4638(E), dated 30.09.2022 and permitted the firms to market their G3 obtained products till 16.06.2025 vide S.O.1236 (E), dated 17.03.2025. • The petitioner has not submitted any proposal to obtain G2 to the office of C&DA. AP, Guntur within the timelines given by G.O.I. as per S.O.882(E) dt.23.02.2021 and subsequently petitioner failed to get G3 from Govt. India as per S.O. 4638(E), dt 30.9.2022 within timelines of 31.03.2023. • The petitioner is manufacturing the bio-products / bio- stimulants in Andhra Pradesh state and has to make an application in Form-G giving all requisite details of chemistry, bio-efficacy trails and toxicity reports to the Controller of Fertilizer, Government of India for inclusion of bio-stimulants in Schedule-VI. 5 BSB, J W.P. No.12787 of 2025 • Further, the Govt. of India, vide Notification S.O.No.3922 (E), dt.12.09.2024 notified 11 bio-stimulants in Schedule-VI of F.C.O. and required to issue an authorization letter to the manufacturer, wholesale dealer, and retail dealer for carrying on the business of fertilizers, including bio-stimulants, in the concerned state and requested the state government to act accordingly. • Any manufacturer who desires to market bio-stimulants should obtain either Provisional Registration in Form-G3 / Permanent Registration or authorization letter (Form-A2) to manufacturer, to be wholesale dealer or a dealer for carrying on the business of selling notified 11 bio-stimulants in Schedule-VI of F.C.O., 1985. • The petitioner neither obtained Provisional Registration (Form-G3) within timelines specified in S.O.No.882. dt 23.02.2021, S.O.No 2333 dated 14.06.2021 S.O.1515(E), Dt.31.03.2022 and S.O.No.4638, dated 30.09.2022 nor applied to G.O.I. for permanent registration and to the notified authority, Andhra Pradesh, for getting authorization letter to manufacturer, to be whole sale dealer or retail dealer for carrying on the business of selling notified 11 Andhra Pradesh for getting authorization letter to manufacturer, wholesale bio- stimulants in Schedule-VI of F.C.O., 1985. • The departmental officers were not involved in the business of petitioner and the petitioner is fully aware of the Gazette Notification vide S.O.882(E) dated 23.02.2021 and the subsequent amendments, but is making false allegation against the respondents. The respondents authorities are strictly complying the guidelines issued by the Ministry of Agriculture 6 BSB, J W.P. No.12787 of 2025 and Farmers Welfare, Government of India from time to time and the directions of the High Court in WP No 13160/2021. • Since the petitioner neither obtained any valid registration i.e., Provisional Registration in Form-G3 / Permanent Registration from G.O.I. nor authorization letter in Form-A2 from the notified authority, A.P., for carrying on the business of selling bio- stimulants in Schedule-VI of F.C.O.,1985 and in view of the circumstances submitted above, the writ petition may be dismissed and the petitioner may be directed to follow the provisions and the guidelines stipulated in S.O.882(E), dated 23.02.2021 under clause 20 C of F.C.O., 1985 and directions of this High Court in W.P.No.13169 of 2021 dated 26.07.2021. 4. The learned Assistant Government Pleader conceded that the same order as in W.P.No.20538 of 2024 may be passed. 5. Accordingly, the writ petition is disposed of in terms of order dated 18.09.2024 in W.P.No.20538 of 2024. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated :14.07.2025 GRL 7 BSB, J W.P. No.12787 of 2025 192 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION No.12787 of 2025 Dated :14.07.2025 GRL 8 BSB, J W.P. No.12787 of 2025 143 THE HONOURABLE MS JUSTICE B S BHANUMATHI s WRIT PETITION NO: 19845 of 2024 9 BSB, J W.P. No.12787 of 2025 Date: 06.01.2025. GRL