‘ APHC010434722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS. JUSTICE B S BHANUMATHI WRIT PETITION NO: 22711 OF 2025 Between: M/s.Success Agri Sciences, Having its Factory and Office, H. No. 19-8-32, Etukuru Road, Guntur District, Andhra Pradesh-522003. Represented By Its Proprietor Chintaguntia Naresh, S/o. Chintaguntia Nagaiah, Aged about 53 years, Occ; Business, R/o.Flat.No 201, Yaganti Style, 4/3 Lane, Navabharath Nagar, Changramouli Nagar, Guntur District, Andhra Pradesh-522007. ...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 in 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 manufacturing the bio products under the brand name of 'M/S SUCCESS AGRI SCIENCES' marketing of its Bio products/Bio manufacturing. Distribution, sale and Stimulants i.e., Axen, Leader, New Concept Extra, Sahoo, Race, Z, Exodica Expo, Spyder, Oscar Shine, Beast, Suprem Capatain, More, Bheeshma Power, Order, Profit, Rambo, Q, Rysun, Finish, Super Profit, Aditya, Re-Life Sye, Award- Excellence, Sanjeevani, Pushkala, Rithu-Mithra, Simha-Puthra, Rithu- Kshma, Brahma-Puthra, Reason-Granules, Salar, Rithu-Barosa, D, Ferter Granules, Hi-Speed, Prachanta, King, F9, Success Guard, Prime, Rich, Promise, Apollo, Profit Gold, Medha, Ikon, Energy, Correct Answer, Creator, Pakka, Gun, Fix. The 2nd Respondent in pursuance of the Memo No.PPI(l)2085/2005 dt. 21-01-2006 and consequential Letter No. PPM (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/ Bio Stimulants under the name and style of 'M/S SUCCESS AGRI SCIENCES' including from 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. 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 with the pleased to direct the respondent authorities not to interfere petitioner's Company business of manufacture, sale and marketing and Axen, Leader, New distribution of its Bio-products/ Bio Stimulants i.e.. Concept Extra, Sahoo, Race, Z, Exodica, Capatain, More, Bheeshma, Expo, Spyder, Oscar Shine, Beast, Suprem Power, Order, Profit, Rambo, Q, Rysun, Finish, Super Profit, Aditya, Re-Life, Sye, Award-Excellence, Sanjeevani, Puthra, Rithu-Kshma, Brahma-Puthra, Barosa, D, Ferter Granules, Hi-Speed, Pushkala, Rithu-Mithra, Simha- Reason-Granules, Salar, Rithu- Prachanta, King, F9, Success Guard, Prime, Promise, Apollo, Profit Gold, Medha, Ikon, Energy, Correct Answer, Rich, Creator, Pakka, Gun, Fix. Linder the name and style of 'M/S SUCCESS AGRI SCIENCES' 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: GP FOR AGRICULTURE The Court made the following order: ? APHC010231682025 high court of ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) of October two thousand and twenty five Present Honourable Nls. Justice B.S.Bhanumathi Writ Petition No- 22711 of 20,^ IN THE [3311] Wednesday, the eighth day The Between; Success Agri Sciences ... Petitioner and ... Respondents The State of Andhra Pradesh and others Counsel for the petitioner: G.V.Gangadhar Counsel for the respondents: 1.G.P. for Agriculture The Court made the following: 2 W.P.No.22711 of2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue an appropriate writ, order or direction more particularly 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’s company under the brand name of 'M/s Success Agri Sciences' manufacturing, distribution, sale and marketing its bio products / bio stimulants, viz., Axen, Leader, New Concept Extra, Sahoo, Race, Z, Exodica, Capatain, More, Bheeshma, Expo, Spyder, Oscar Shine, Beast, Suprem Power, Order, Profit, Rambo, Q, Rysun, Finish, Super Profit, Aditya, Re-Life, Sye, Award-Excellence, Sanjeevani, Pushkala, Rithu-Mithra, Simha-Puthra, Rithu-Kshma, Brahma- Puthra, Reason-Granules, Salar, Rithu-Barosa, D, Ferter Granules, Hi-Speed, Prachanta, King, F9, Success Guard, Prime, Promise, Apollo, Profit Gold, Medha, Ikon, Energy, Correct Answer, Rich, Creator, Pakka, Gun, Fix in pursuance of No.PP.11(1)2085/2005 dt. 21-01-2006 and consequential Letter No. PP.II(1)2085 / 2005 dt. 21-01-2006 as 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 to direct the respondent authorities not to interfere with the petitioner’s business of manufacture, sale and marketing of its bio products / bio stimulants under the name and style of 'M/s. Success Agri Sciences’, 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. the Memo 3 W.P.No.22711 of 2025 2. The case of the writ petitioner is briefly as follows: The petitioner company has established manufacturing unit to manufacture agricultural products / bio-stimulants in Telangana State and marketing and distributing the same in the State of Telangana and paying taxes to the concerned Government. The respondent No.2 who is the regulatory authority for the supervision and control of insecticides and pesticides, insisted to obtain marketing permission for sale of bio products vide proceedings Memo No.PP.11(1) 2085 / 2005 dt. 21-01-2006 and consequential Letter No. PP.II (1) 2085/2005 dt. 21-01-2006 inter alia stating that since bio products are not covered by the Insecticides Act, 1968 or the Fertilizer Control (Order) Act, 1985 (in short ‘the F.C.Act’) the stocking, storing or the sale of the said products from the licensed premises will not be permitted. Inspite of specific directions of this High Court in W.P.No.25293 of 2014 and batch, the officials of the respondent No.2 orally directed the petitioner’s company not to sell, exhibit and market company’s products / bio-stimulants, though the petitioner brought to the notice of the respondent officials about the orders of this High Court and requested them not to interfere with sale, exhibition and marketing of the petitioner’s bio products. The officials of the respondent No.2 informed the petitioner that those orders are applicable only to the petitioners, who approached the High Court and directed the petitioner not to manufacture, sell, exhibit and market bio-products as per the circulars issued by the respondent No.2. The respondent No.2 filed counter-affidavit with the averments briefly as follows: If the claim of the petitioner is true, the petitioner could have applied for authorisation in Form-A2 in the concerned State for carrying the business of bio-stimulants as per the provisions of the 3. 4 W.P.No.22711 of2025 Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985 (in short ‘the Order, 1985’) and to the Government of India in Form-G for inclusion of its bio-stimulants in Schedule-VI. The petitioner has placed reliance on order dated 10.07.2015 in W.P.No.25293 of 2014 and batch which is not applicable to the present case as they were adjudicated prior to the issuance of S.O.No.882(E) dated 23.02.2021, through which bio-stimulants were brought under the purview of the Order, 1985. The petitioner has neither obtained a certificate of provisional registration in Form G-3 nor submitted an application in Form- G for inclusion of its bio-stimulants in Schedule VI and carrying on the business of bio-stimulants in clear violation of law. It is false that the petitioner filed an application in Form-G 1 to issue Form-G2 provisional registration of bio-stimulants as per amended Order 2021 in F.C.O., 1985 Gazettee Notification No.882(E), dated 23.02.2021 to the concerned authority and that the 2'"'^ respondent issued Form -G2 provisional registration and that the petitioner is also having G-3 provisional registration, petitioner is not entitled to invoke the jurisdiction of this Court without first exhausting the available statutory remedies under the Order, 1985 and the Essential Commodities Act, 1955. Therefore, the petitioner may be directed to follow the provisions of the Order, 1985 from time to time as notified and prayed to dismiss the writ petition. The Further, the respondent No.2 filed a memo dated 07.10.2025 indicating the list of products which are covered by the Schedule No.Vl of the F.C.Act and the products which are not covered by the Schedule No.Vl. Therefore, the learned Assistant G.P for Agriculture submitted that if the petitioner submits an application in Form A1 along with necessary annexures as required under Clause 8(2) of the F.C.Act and by following the procedure indicated in the counter. 4. 5 W.P.No.22711 of 2025 the application of the petitioner would be examined and the licence for marketing would be granted as per law. The learned counsel for the petitioner requested to dispose of the writ petition permitting the petitioner to submit the application in physical form as the website is not functioning and further requested to direct the concerned authority to receive the application with the annexures under an acknowledgment and process the application without any further delay by fixing time for disposal of the application. 5. 6. The learned Assistant Government Pleader for Agriculture submitted that application in physical form is also being received there is no website for making such application. as In the result, the writ petition is allowed permitting the petitioner to submit application in respect of the products specified by the respondent No.2 in the memo dated 06.10.2025 as covered by the Schedule-VI of the F.C.Act, in physical form, to the Mandal Agriculture Officer concerned, along with all necessary documents etc. as per the rules and thereupon, the application shall be processed within four (4) weeks. The memo dated 07.10.2025 filed by the respondent No.2 shall form part of the order. 7. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Agriculture Department Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Commissioner and Director of Agriculture, Government Pradesh, Old Mirchi Yard, Nallapadu, District. One CC to Sri G. V. Gangadhar, Advocate [OPUC] Two CCS to GP for Agriculture, High Court of Andhra Pradesh Two CD Copies State of Andhra 2. of Andhra Chuttagunta, Guntur, Guntur 3. 4. [OUT] 5. Cnr <ir / •? HIGH COURT DATED:08/10/2025 ORDER WPNO. 22711 OF 2025 ■V Secnon . y ALLOWING THE W.P. WITHOUT COSTS