M/s. My Seeds (P) Limited, v. State of Andhra Pradesh
WP/25180/2018 · 2025-07-20
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34518 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34518 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010533052018
IN THE HIGH COURT OF ANDHRA PRADESH Monday, the Twenty First Day The Honourable Ms. Writ Petition No Between:
1. M/s. My Seeds (P) Limited,, D.No.17 fire office, Keesraigunta colony, Kandukur, Prakasam Rep. by its CEO, A. Chalapathi Rao S/o A. Rathaiah. 2. Mr. A. Chalapathi Rao, S/o A. Rathaiah Flat No. 306 NCL Godavari Homes Pipeline Road, Pet Bhasheerabad, Hyderabad- 500067. 1. State of Andhra Pradesh, Rep. by its Special Chief Secretary Agriculture, 4th Block, Ground Floor, Room No. 101 A.P. Secretariat Office, Velagapudi, Guntur
237. 2. Special Commissioner of Agriculture, Old Mirchi Yard, Beside Rytu Bazar, Chottuguntla Centre, Guntur Pradesh - 522 004. 3. Licensing Authority and Additional Direc Commissionrate of Agriculture, Old Mirchi Yard, Beside Rytu Bazar, Velagapudi, Guntur, Andhra Pradesh 1 W.P.No.25180 of 2018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Twenty First Day of July Two Thousand And Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 25180 OF 2018
1. M/s. My Seeds (P) Limited,, D.No.17-1-137/10, 2nd floor, fire office, Keesraigunta colony, Kandukur, Prakasam-523105. A. Chalapathi Rao S/o A. Rathaiah. 2. Mr. A. Chalapathi Rao, S/o A. Rathaiah Flat No. 306, F Block NCL Godavari Homes Pipeline Road, Pet Bhasheerabad, . ...Petitioners and
1. State of Andhra Pradesh, Rep. by its Special Chief Secretary Agriculture, 4th Block, Ground Floor, Room No. 101 A.P. Secretariat Office, Velagapudi, Guntur, Andhra Pradesh
2. Special Commissioner of Agriculture, Old Mirchi Yard, Beside Rytu Bazar, Chottuguntla Centre, Guntur -522 004. Andhra
3. Licensing Authority and Additional Director of Agriculture, Commissionrate of Agriculture, Old Mirchi Yard, Beside Rytu Bazar, Velagapudi, Guntur, Andhra Pradesh - 522 004. BSB, J W.P.No.25180 of 2018 IN THE HIGH COURT OF ANDHRA PRADESH
f July Two Thousand And Twenty Five 137/10, 2nd floor, near
523105. F Block, NCL Godavari Homes Pipeline Road, Pet Bhasheerabad, ...Petitioners
1. State of Andhra Pradesh, Rep. by its Special Chief Secretary Agriculture, 4th Block, Ground Floor, Room No. 101, Andhra Pradesh -522
2. Special Commissioner of Agriculture, Old Mirchi Yard, Beside 522 004. Andhra tor of Agriculture, Commissionrate of Agriculture, Old Mirchi Yard, Beside Rytu
2 BSB, J W.P.No.25180 of 2018
4. Joint Director of Agriculture, Collectorate Office Complex, Kurnool-518002. 5. State Biotechnology Coordination Committee, (SBCC), State of Andhra Pradesh, Rep. by its Chief Secretary, A.P. Secretariat Office, Velagapudi, Guntur, Andhra Pradesh - 522 237. 6.
District Level Committee, Represented by the District Collector, Kurnool, Andhra Pradesh. ...Respondents Counsel for the petitioners: Rubaina S Khatoon Counsel for the respondents: GP for Agriculture (AP) The Court made the following:
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“…to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.3 in issuing proceedings AGCO21202731/25/2018 dated 13.07.2018 as illegal unlawful without jurisdiction and unconstitutional and set aside the said proceedings and all actions conducted pursuant thereto …”
2. There is no representation for the petitioners. 3 BSB, J W.P.No.25180 of 2018
3. This Court on 20.07.2018 in I.A.No.01 of 2018, passed the following interim order:
“ Pending further orders, petitioner is granted three weeks time from today to file explanation to the impugned show-cause notice and after considering the same, the 3rd respondent is directed to pass a reasoned order and communicate it to the petitioner. Till such order is passed, there shall not be any suspension of petitioner’s license under Clause (15) of the Seed Control Order, 1983.”
4. In furtherance of the same, proceedings No.AGC02/12027(31)25/2018-Seed Sec dated Nil – 01-2019 were passed by the licensing authority and Additional Director of Agriculture (Seeds), O/o C & DA, AP, Guntur, suspending the license for a period of one year from the date of the order. 5. The learned Assistant Government Pleader for Agriculture representing the respondents, placed on record a copy of the written instructions of the Additional Director of Agriculture dated 10.07.2025 stating that the writ petitioner filed W.P.No.28031 of 2018 challenging the proceedings vide AGC02-12027 (32)/06/2018 dated 30.07.2018 cancelling the Co-Marketing permission granted to the petitioner No.1 therein on 24.05.2018 valid up to 26.03.2021 as the sale of hybrid, variety of the petitioner No.1 exceeded the permitted quantity and that the said petition was dismissed for default on 23.07.2024. It is further stated that the licence of the petitioner’s company in Andhra Pradesh is in force and the petitioner is doing regular seed
4 BSB, J W.P.No.25180 of 2018
business.
It is further stated that this High Court passed a common order on 12.07.2019 in W.P.Nos.7033, 7035, 7036, 7322 and 7711 of 2019 holding that the activity of procuring seed in bulk from the authorized manufacturer and further processing the seeds procured and marketing the seeds in packets disclosing the name of producer/dealer/manufacturer/agency/ marketing agency together with its brand name amounts to violation of provisions of the Seeds Act, 1966 and the Seeds Rules, 1968 besides violation of provisions of the Environment (Protection) Act, 1986 and Rules made thereunder. It is also mentioned that G.O.Rt.No.314 dated 10.05.2018 and the common order dated 12.07.2019 passed by the High Court were issued with regard to ban on Co-Marketing. 6 In view of passing of the order pursuant to the interim
order dated 20.07.2018, the relief in the present writ petition became infructuous.
7. Accordingly, the writ petition is dismissed as infructuous.
Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date:21.07.2025 KKV
5 BSB, J W.P.No.25180 of 2018
22 HON’BLE Ms. JUSTICE B.S.BHANUMATHI
Writ Petition No: 25180 of 2018
Date: 21.07.2025 KKV