VYDEHI BIO SCIENCES PRIVATE LIMITED. v. The State of Andhra Pradesh
WP/11419/2025 · 2025-05-05
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47700 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47700 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION Nos. 11085 AND 11419 OF 2025 WRIT PETITION NO: 11085 OF 2n2fi AMARAVAT PRASAD Between: M/s. Fertis India Private Ltd., Rep. by its Chief Executive Krishna S/o. P. Suryanarayana, aged 66 Officer, P. Gopala years, R/o. D.No. 8-3-965/A/501 KBR Manicoms Residency, Srinagar Colony, Hyderabad-500 073, Telangana State. Factory at Sy.No. 472,6, Gollaguda Village, Sadasivapet Mandal, Sangareddy State. Office at D.No. 6-3-668/10/56 Opp HDFC Bank District-502 306, Telangana 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 Vijayawada - 521 225, Andhra Pradesh State. Road, Gollapudi ...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 Pradesh, Near Rythu Bazar, Chuttugunta, Guntur. of Andhra ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or Direction, may more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2"“ 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 Pulse, Amino Plus, Akre Sure, Actin, Tracs Sure Foliar, Tracs Sure Granules and Dormulin, 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- Ecolaid VI of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.11(1)2085/2005,dated 21-01-2006and Letter No. PP.II(1)2085/2005, 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.
lA 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 to direct the 2^"^ 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 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 & Dormulin, which contains Cell Free Microbial Products, 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 Anti oxidants. Anti
4'j ' the dealers, stockists, under the Insecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985 pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. B V APARNA LAKSHMI Counsel for the Respondent Nos.1 & 2: GP FOR AGRICULTURE WRIT PETITION NO: 11419 OF 2025 Between: Vydehi Bio Sciences Private Limited, Having its Factory, Plot.No- 47,Sy.No.272,273, Raghavendra Nagar Colony, Rampalle Village,Keesara Mandal, Medchal-Malkajgiri District, Telangana-501301. 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 Prl. 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 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 WDEHI BIO SCIENCES PRIVATE LIMITED' manufacturing.
Distribution, sale and marketing of its may
Bio Products/Bio Stimulants i.e., Neemkill, Mahakaal, Sampada, Suraksha, Raise, Real, Insight, Apex, Diamond Plus, Vajra, Chakra, Root Boost, Onima, Nzyme, Crest, Sea Pulp, Crop All, Hunter, Hurricane, Charge, Profit, Pacer, Flash, Titan, Soil Gold, Nutri Fert, Derimax, Trishakti, Shakti, Tayat, Pikay, Abhaya, Astra, Starkill, Naga, Cobra, Clash, Cutter, Yodha Plus, Shooter, Protect, Tough, Treater, Safaari, Popup, Secret, Speeder, All Clear, Power Star, Remover, Target, Premium, Wild War, Brahmastra, Kwick Bordo, Fulfil, Kunfu, Boromax, Gadhaa, Killer Plus, Super 5, Sudarshan, Sun Power, Sun Shiner, Spot out. Spinner, Snipper, Nurogen, Hotpot, Multimix, Trinal, Dragon, Tornodo, Nutri Max, Master, Control Plus, Growcell, Tarzan, Fertimix Soil Corhbi, Multizone, Multifina, Blade, Boom Star, Ferti Drop, Cottor Raj, B.T. Special, Tur Special, Chenna Special, Millet Special, Chilli Special, Veg Special, Paddy Special, Thrips Special, Agro Stick, Agro Sulfex, Cotton Special, Rich Bhoom, Mixer, Double Cot, Aton Super, Nuro Gun, Nitro Mix, Multi Max, Flower Cet. The 2nd Respondent in pursuance of the Memo 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 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 of Andhra Pradesh under the Insecticides Act, 1968 and Fertilizers (Control) Order 1985. and lA 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
'ij.
^ be pleased to direct the respondent authorities not to interfere with the petitioner's Company business of manufacture, sale and marketing and distribution of its Bio-products/ Bio-stimulants i Occasion, Multiply, Impress, Protect, i.e.. Master, Provoke, Deal, Declare, Shutter, Ultimate, Secure, Active, Rock Star, Amruth, Karanj, Pushpa, Aushadh, Vayusena, Dynamic, Decide, Dili, Motive, Grow, Score, Sanjeevani, Vrudhi, Arunachala, Manjeera, Kusuma, Samruddhi, Karthikeya, Vayu Rudra, Akarsh, Parishkar, Siri, Sampada, Dalapathi, Adhipathi, Dhanaraj, Swaraj, Vayu Raksha, Avani, Janani, Bhishma, Trishul, Karishma, Om, Sulam, Bulldozer, Brahmastra, Bagiradha, Raksha, Chandini, Cure, Cure Plus, Harini, Darani, Vayu Mantra, Samraksha, Datura, Sri Chakra, Agraja, Yuva, Arjuna, Chandi, Guru, Jatayu, Arambam, Sona, Kairali, Go Green, Sahaja, Krushi, Haritha, Sri Tulasi, Pasand, Ratnam, Kamadhenu, Sindur, Iravat, Surabhi, Dharani, Kaiki, Adhira, Vayu Putra, Vayu Astram. Under the name and style of "PALANTS Ayushu, Kasthuri, Vikas, Sena, Devasena, Suraksha, Nivaran, Jeevaamrut, Adhik, NATURAL PRODUCTS 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 pass such other may deem fit and proper pending disposal of the above writ petition and to order or orders as this Hon'bie Court under the circumstances of the case. Counsel for the Petitioner: SRI G. V. GANGADHAR Counsel for the Respondent Nos.1 & 2: GP FOR AGRICULTURE The Court made the following: COMMON ORDER / /
V APHC010212182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3328] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOS: 11085 AND 11419 OF 2025 W.P.No.11085 of 2025 BETWEEN:
M/S FERTIS INDIA PRIVATE LTD ...PETITIONER AND THE STATE OF ANDHRA PRADESH ...RESPONDENT COUNSEL FOR THE PETITIONER:
1.B VAPARNA LAKSHMI COUNSEL FOR THE RESPONDENT:
1.GP FOR AGRICULTURE W.P.No.11419of 2025 BETWEEN:
VYDEHI BIO SCIENCES PRIVATE LIMITED. ...PETITIONER AND THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT{S) COUNSEL FOR THE PETITIONER:
1.G VGANGADHAR COUNSEL FOR THE RESPONDENT(S):
2
1. GP FOR AGRICULTURE THE COURT MADE THE FOLLOWING:
COMMON ORAL QRnPP- Heard Sri G.V. Gangadhar, learned Counsel Sri A. Krishna Kishore, learned Assistant for the Writ Petitioners and Government Pleader for Agriculture. 2.
Sri A. Krishna Kishore, f Agriculture, has submitted the Written learned Assistant Government Pleader for Instructions furnished by the Director of Guntur, dated 25.04.2025 Agriculture, Andhra Pradesh, I Gazette of India, dated 18.03.2025. Petitioner and the along with the are supplied to the Writ Copies of it same are taken on record. 3- The relevant portion of the Written hereunder: Instructions is usefully extracted The Respondents submitted that the Denarfm^nt nft- Ministry of Agriculture and Farmers Z^r^e" dt Since the petitioner neither obtained any valid registration
3 petitioner to follow the provisions and the guidelines stipulated in SO No. 882(E), dated 23.02.2021 under clause 20 C of ECO, 1985 and the directions of this Hon'ble High Court passed in WP No.13169/2021 dt 26.07.2021 as deemed fit.” The above Written Instructions would indicate that the Writ Petitioners have approached this Court in a premature manner without obtaining necessary permissions from the Government. In this view of the matter, the present Writ Petitions are devoid of any
4. 5. merit. Accordingly, the Writ Petitions are dismissed. No order as to costs. Liberty is granted to the Writ Petitioner in W.P.No.11085 of 2025 to approach the appropriate Authorities. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR — SECT ON OFFICER
6. 7. 8. //TRUE COPY// To, 1 One CC to M/s. B. V. Aparna Lakshmi, Advocate [OPUC]
2. Two CCS to GP for Agriculture, High Court of Artdhra Pradesh. [OUT]
3. Three CD Copies. SSB
HIGH COURT DATED:06/05/2025 COMMMON ORDER WP.Nos.11085 and 11419 of 2025 51 USER 2025 K 2%^ jijTentSectjp. 4£ai£si DISMISSING THE WRIT PETITIONS WITHOUT COSTS