VYDEHI BIO SCIENCES PRIVATE LIMITED v. The State of Andhra Pradesh
WP/248/2025 · 2025-01-08
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36930 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36930 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) A WEDNESDAY, THE EIGHTH DAY OF JANUARY S M TWO THOUSAND AND TWENTY FIVE € PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 248 OF 2025 Bett/veen:
WDEHI BIO SCIENCES PRIVATE LIMITED, Having its Factory, Plot.No. Survey No.151, Opposite Gramean Bank, Vaddepally Village, Hathnoora Mandal, Sanga Reddy,Telangana-509266. Having Godown Cum Sales Point H.No.1-241-1, Near RTC Bus Stand, Yerragodepalem, Prakasham District, Andhra Pradesh-523327. Represented By Its Chief Financial Officer, Puttam Hemanth Reddy, S/o. Puttam Ramachandra Reddy, Aged about 53 years, Occ. Business, R/o.Plot No.763, Road No.39, Near Croma,Jubilee Hills, Hyderabad, Telangana-500033. ...PETITIONER AND
1. The State of Andhra Pradesh, rep. By its PrI. Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati
2. The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Old Mirchi Yard, Nallapadu, Chuttagunta,Guntur,Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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. The Petitioner Company is in
O' manufacturing the Bio products under the brand SCIENCES PRIVATE LIMITED’ manufacturing, marketing of its Bio Products/Bio Stimulants i.e., Isha Pro, Isha Biorich, Isha Biopint, Isha Phool, Isha Zen, Isha Phospho-B Rich(liquid), Isha Rich(solid), Tarang, Biomix, Bloomstar, Grovita Moonster Plus, Bhu- Isha Power, Sword, F, Pruthvi, Memo name of 'VYDEHI BIO Distribution, sale and Isha Zem, Isha Tarem, larvita, Neezem, Upgro, Isha Pesto, Armor, Necter, Swarna, Nexus, Syphone, Talwar, Star War, Rado, Isha Viro, Viro Blast, Tara Maxx, Nutri Max, Meg, Tara Cure Potash. The 2nd Respondent in pursuance of the No.PPI(1)2085/2005 dt. 21-01-2006 and (1)2085/2005 dt. 21-01-2006 consequential Letter No. PPM 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 of manufacture. sale and marketing of its bio products under the VYDEHI BIO SCIENCES PRIVATE LIMITED' including from the licensed premises of the Petitioner Company and its dealers/stockiests in the State of Andhra Pradesh under the Insecticides Act (Control) Order 1985.
name and style of 1968 and Fertilizers lA NO:
1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities not to interfere with petitioner’s Company business of manufacture, sale and the marketing and distribution of its Bio-Products/Bio Stimulants i.e., Isha Pro, Isha Biorich Isha Biopint, Isha Phool, Isha Zen, Isha Phospho-B Rich(liquid), Isha Rich(solid), Tarang, Biomix, Bloomstar, Grovita Tarvita, Neezem, Upgro, Isha Pesto, Armor, Necter, Moonster Sv\/arna, Nexus, Syphone, Talwar, Star War, Rado, Isha Zem, Isha Tarem, Plus, Bhu- Isha Power, Sword,
Isiha Viro, Viro Blast, Tara Maxx, Nutri Max, Meg, Tara Cure F, Pruthvi, Potash. Under the name and style of VYDEHI BIO SCIENCES PRIVATE LIMITED including from the licensed premises of the Petitioner s Company and its dealers/stockiests in the State of Andhra Pradesh under the Insecticides Act, 1968 and Fertilizers (Control) Order 1985 pending disposal of the above writ petition. Counsel for the Petitioner:SRI G V GANGADHAR Counsel for the Respondents No.1,2: GP FOR AGRICULTURE The Court made the following: ORDER
APHC010605662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 248/2025 Between: Vydehi Bio Sciences Private Limited AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...PETITIONER ...RESPONDENT(S) 1.G VGANGADHAR Counsel for the Respondent(S):
1.GP FOR AGRICULTURE
2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-
",..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.
The Petitioner Company is manufacturing the Bio products under the brand name of 'VYDEHI BIO SCIENCES PRIVATE LIMITED' manufacturing, Distribution, sale and marketing of its Bio Products/Bio Stimulants i.e., Isha Pro, Isha Biorich, Isha Biopint, Isha Phool, Isha Zen, Isha Phospho-B, Isha Zem, Rich(solid), Tarang, Biomix, Bloomstar, Grovita, Tarem, Tarvita, Neezem, Upgro, Isha Pesto, Armor, Necter, Moonster Plus, Bhu-Swarna, Nexus, Syphone, Talwar, Star War, Rado, Isha Power, Sword, Isha Viro, Viro Blast, Tara Maxx, Nutri Max, Meg, Tara Cure F, Pruthvi, Potash. The 2""' Respondent in pursuance of No PPI(1)2085/2005 dt.21-01-2006 and consequential Letter No.PPII(1)2085/2005 dt. 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 of manufacture, sale and marketing of its bio products under the name and style of 'VYDEHI BIO SCIENCES PRIVATE LIMITED' including from the licensed premises of the Petitioner Company and its dealers/stockiests in the State Pradesh under the Insecticides Act, 1968 and Fertilizers (Control) Order 1985 and pass such other order or orders....” Isha Rich(liquid), Isha the Memo of Andhra Heard learned counsel for the petitioner and learned counsel for
2. the respondents. / 3 tP
3. The
learned counsel for matter of this Writ Petition i dated 09.07.2024 passed by this Court 14274 of 2024. petitioner submits that the IS squarely covered by the common in W.P.Nos.13610, 13640 and subject
order
4. The learned counsel for the respondents did not refute the said submission.
5. In view of the same, for the reasons alike in the aforesaid writ petition in and 14274 of 2024 dated 09.07.2024. common order, this Court is inclined to dispose of the terms of W.P.Nos.13610, 13640
6. Accordingly, the Writ Petition is disposed of. There shall be
order as to costs. no
7. Registry is directed to attach 09.07,2024 passed in W.P.Nos.13610, 13640 and this order. a copy of the common order dated 14274 of 2024 to As a sequel thereto, mi shall stand closed. miscellaneous Petitions pending, if any.
Sd/- U SRI DEVI ASSISTANT^ REG^^AR //TRUE COPY// SECTiON OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati
2. The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Old Mirchi Yard, Nallapadu, Chuttagunta,Guntur,Guntur District.
3. One CC to SRI G. V. GANGADHAR, Advocate [OPUC]
4. Two CCs to GP FOR AGRICULTURE, High Court of Andhra Pradesh [OUT]
5. Three C.D. Copies (Along with the copy of the order dated 09-07-2024 in WP.No.13610, 13640 and 14274 of 2024) 4 nm
& HIGH COURT DATED:08/01/2025
ORDER WP.No.248 of 2025 DISPOSING OF THE WP WITHOUT COSTS OF AND^ H 3 n JAN 2C25 ^ ^ Current Section 'lO
I THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION Nos.13610.13640 and 14274 of 2024 COMMON ORDER:- Since the subject matter involved in all these Writ Petitions is one and the same, this Court deems it appropriate to dispose of all these cases by way of this common order.
2. The grievance of the petitioners in these writ petitions is that the Government of India, while exercising the powers under Section 3 of the Essential Commodities Act, 1955, amended the Fertilizer (inorganic, organic, mixed. Control Order) 1985 duly naming the above said substances as Bio Stimulants, and included in Fertilizers (Inorganic, Organic, Mixed) Control Order, 1985 vide S.O.No.882 (E), dated 23-02- 2021. As per the said order dated 23-02-2021, Standards have to be specified by the Central Bio-stimulants Committee including in Schedule-VI. So far standards have not been specified for bio stimulants and included in Schedule-VI. As the standards for Bio Stimulants are not specified by Central Bio Stimulants Committee and not included in Schedule-VI, therefore respondents are not entitled to interfere with sale and distribution of (Bio-products/Bio-Stimulants). Further, contended that a notification was issued by the Government of India vide S.O.Nor882 (E), dated 23-02-2021 allowing the manufactures/ distributors of Bio products/Bio-Stimulants to make an application for issuance of provisional registration of Bio-products/Bio-
2 4, Stimulants as required under the above said order. Further that the respondents are not receiving the applications filed in Form-G. Further, prayed to direct the respondents not to interfere with the petitioners business. asserted
3. The learned counsel for petitioners submits that the subject matter of these Writ Petitions is squarely covered by the order dated 26.07.2021 passed by this Court in W.P.No.13169 of 2021.
4. The learned counsel for the respondents did not refute the said submission.
5. In view of the same, for the reasons alike in the aforesaid order, this Court is inclined to dispose of these writ petitions in terms of W.P.No.13169 of 2021, dated 26.07.2021.
6. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs.
7. Registry is
directed to attach a copy of the
order dated 26.07.2021 passed in W.P.No.13169 of 2021 to this common order. As a sequel thereto, miscellaneous Petitions pending, if shall stand closed. any.
JUSTICE TARLADA RAJASEKHARA RAO Date:09.07.2024 KBN