APHC010435612025 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: 22706 OF 2Q2fi Between: Agri Square Solutions Private Limited, Having its Factory and Office, Plot No 43-106/1-102 Uppaiapati Seetha Ramaraju Street, District, Andhra Pradesh-520015. Represented By Afroz Khan, S/o. Rattan Ayub Khan Vijayawada, NTR Its Director, Rattan Aqeei Aged about 30 years, Occ Business, R/o H.No. 43-106/1-102C,, Saibaba Tempie, Nandamuri Nagar, Ajith Singh Nagar, Vijayawada NTR District, Andhra Pradesh-520015. Uppaiapati Seetha Ramaraju Street, Near Urban, ...PETITIONER AND 1. The State of Andhra Pradesh Department, Secretariat Buildings, Velagapudi, Amaravati 2. The Commissioner and Director of Agricuiture, Government Pradesh, Old Mirchi Yard, Nallapadu, rep. By its PrI. Secretary, Agriculture of Andhra ...RESPONDENTS praying that in the the High Court may be pleased to issue a writ or direction, particuiariy one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in interfering with manufacture, saie and marketing of Bio-Products/Bio Petition under Article 226 of the Constitution of india circumstances stated in the affidavit filed therewith Stimulants of Petitioner Company. The Petitioner Company is products under the brand name of 'AGRI SQUARE SOLUTIONS PRIVATE LIMITED' manufacturing. Distribution manufacturing the Bio sale and marketing of its Bio Products/Bio Stimulants i.e., Insta Grow, Indizyme, Flower Charge, Geo Fast, Kutan Gold, Felixo, Liyona, Fortis, Kiyocit, Viridis, Alanto, Pacto Defend, Merito, Moxo, T-Rex, Super Champion, Top Gear, Kikoma Prime Police, Green Khajana Naya Curinol, Nanovita, Super Stick, Rapidus, Simco, Sulfina, Azuba Plus, Velox, Silvan, Ornate, Denzel, Ternate Plus, Ozark Akash, Ananth. The 2nd Respondent in pursuance of the Memo No.PPI(I)2085/2005 dt. 21- (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 not to interfere with the Petitioners' business of 01-2006 and consequential Letter No. PPII authorities manufacture, sale and marketing of its bio products under the name and style of 'AGRI SQUARE SOLUTIONS 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. lA NO: 1 OF 2Q2fi 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 respondent authorities not to interfere with the petitioner's Company business of manufacture, sale and marketing Products/Bio Stimulantsi.e., Insta Grow, Indizyme, Flower Charge, Geo Fast Rutan Gold, Felixo, Liyona, Fortis, Kiyocit, Viridis, Alanto, Pacto, Defend and distribution of its Bio- Merito, Moxo, T-Rex, Super Champion, Top Gear, Police, Green Khajana Kikoma Prime, Naya Curinol, Nanovita, Super Stick, Rapidus, Simco, Sulfina, Azuba Plus, Akash, Ananth. Under the name and style of 'AGRI SQUARE SOLUTIONS PRIVATE LIMITED' including from the licensed premises of the Petitioner's Velox, Silvan, Ornate, Denzel, Ternate Plus, Ozark >, 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 Respondent Nos.1 & 2: GP FOR AGRICULTURE The Court made the following order: APHC010231682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) the eighth day of October two thousand and twenty five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 22706 of 2025 [3311] Wednesday Between: Agri Square Solutions Private Limited ... Petitioner and ... Respondents The State of Andhra Pradesh and others Counsel for the petitioner: G.V.Gangadhar Counsel for the respondents: I.G.P. for Agriculture The Court made the following: 2 W.P.No.22706 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue an appropriate writ, order or direction more particularly of writ of mandamus, declaring the action of the in the nature respondent authorities in interfering with manufacture, sale and marketing of Bio-Products/Bio Stimulants of petitioner’s company under the brand name of 'Agri Square Solutions Private Limited' f distribution, sale and marketing its Bio Products / Bio manufacturing Indizyme, Flower Charge, Geo Fast, Stimulants viz., Insta Grow Rutan Gold, Felixo, Liyona, Fortis, Kiyocit, Viridis, Alanto, Pacto, Defend, Merito Moxo, T-Rex, Super Champion, Top Gear, Kikoma Naya Police, Green Khajana, Curinol, Nanovita, Super Stick Sulfina, Azuba Plus, Velox, Silvan, Ornate, Denzel Prime Rapidus, Simco Ozark, Akash, Ananth in pursuance of the Memo Ternate Plus, No pp 11(1)2085/2005 dt. 21-01-2006 and consequential Letter No. arbitrary. dt. 21-01-2006 as illegal PP.ll(1)2085/2005 unconstitutional and without jurisdiction and in violation of Articles and 300-A of the Constitution of India and 14, 19 (1) (g). 21 consequently to direct the respondent authorities not to interfere with the petitioner’s business of manufacture, sale and marketing of its bio products under the name and style of 'Agri Square Solutions from the licenced premises of the Private Limited', including petitioner’s company and its Andhra (Control) Order 1985. dealers / stockiests in the State of Pradesh under the Insecticides Act, 1968 and Fertilizers 3 W.P.No.22706 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 and paying taxes to the in the State of Telangana same 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.||(i) 2085 / 2005 dt. 21-01-2006 and consequential Letter No. PP.ll (i) 2085 / 2005 dt. 21-01-2006 inter aiia stating that since bio products are not covered by the Insecticides Act, 1968 Act, 1985 (in short ‘the F.C.Act’) the the said products from the licensed or the Fertilizer Control (Order) stocking, storing or the sale of 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 company not to sell, exhibit and market products / bio-stimuiants, though the petitioner of the respondent officiais about the petitioner’s company’s brought to the notice the orders of this High Court , exhibition and marketing of The officials of the respondent No.2 orders are applicable only to the the High Court and directed and requested them not to interfere with sale the petitioner’s bio products. informed the petitioner that those petitioners, who approached petitioner not to manufacture the sell, exhibit and market bio-products per the circulars issued by the respondent No.2. The respondent No.2 filed as 3. counter-affidavit with the averments If the claim of the petitioner is true, the petitioner could have applied for authorisation in Form-A2 in the concerned State for as per the provisions of the briefly as follows; carrying the business of bio-stimulants 4 W.P.No.22706 of 2025 Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985 (in short ‘the Order, 1905’) 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 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 Schedpie 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-GI 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 were The 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. Further, the respondent No.2 filed a memo dated 07.10.2025 indicating the list of products which are covered by the Schedule No.VI of the F.C.Act and the products which are not covered by the Schedule No.VI. 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.22706of2025 the application of the petitioner would be examined and the licence for marketing would be granted as per law. 5. 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. The learned Assistant Government Pleader for Agriculture submitted that application in physical form is also being received as there is no website for making such application. 6. 7. 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. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati 2. The Commissioner and Director of Agriculture, Pradesh, Old Mirchi Yard, Nallapad 3. One CC to Sri G. V. Gangadhar, Advocate 4. Two CCs to GP for Agriculture, High Court 5. Two CD Copies. ssb State of Andhra Pradesh, Government of Andhra u. [OPUC] of Andhra Pradesh [OUT] I HIGH COURT DATE0:08/10/2025 ORDER WP No. 22706 OF 2025 Ai I 13 OCT 2025 f; ^ . Current Section , ALLOWING THE W.P. WITHOUT COSTS