APHC010434742025 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: 22929 OF 2025 Between: SIGMA AGRI PRODUCTS, Flaving its Factory at, Sy. No. 303, Plot No 11, Survey No-303, Rami Reddy Nagar, IDA Jeedimetia, Hyderabad-500055, Having its registered office at Assessment No 158486, Flat No-108, Kanyakaparameswari Enclave, Etukuru Road, Guntur District, Andhra Paradesh-522007. Represented By its Proprietor, K. Venkata Ramana, S/o. Late Seshaiah, Aged about 63 years, Occ Business, R/o.Flat No-302, 3rd Floor, B Block, Amsri Central Court, Old Lancer Line, Secunderabad, Telangana-500003 ...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 pIcQOod to issue o 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 of Petitioner Company. The Petitioner Company is manufacturing the bio products under the brand name of “SIGMA AGRI PRODUCTS” manufacturing, Distribution, sale and marketing of its bio products i.e. Sigma Mask, Sigma Magar, Sigma Shock, Sigma Sandy, Sigma Corolla, Sigma Kaizer, Sigma Poucher, Sigma Grand, Sigma Conclave , Sigma Kingdom, Sigma Quick Plus, Sigma Mixee, Sigma Caspian, Sigma 3 Shah, Sigma Agni Path, Sigma Spot, Sigma Mission, Sigma Siren, Sigma Panja, Sigma Astro, Sigma Zapper, Sigma Tally Plus, Sigma Super Spinner, Sigma Star, Sigma Konnect, Sigma Grenade, Sigma Bandhan, Sigma Super-90, Sigma More Prerriium SP, Sigma Focal Point, Sigma Taaza-SP, Sigma Actis, Sigma, Zircon, Sigma Gold, Sigma Micro, Sigma Taaza-SL, Sigma Radiant, Sigma Roobee, Sigma Galaxy, Sigma Vegas, Sigma Taaza-GR, Sigma Tusker, Sigma Planner, Sigma Katara, Sigma Theenmaar, Sigma Sygon, Sigma Super Nagamani, Giantman, Sigma Sigman, Sigma Cobra Plus, Sigma Signal Millenium, Sigma D9. The 2nd Respondent in pursuance of the Memo No.PPI(1)2085/2005 dt. 21-01-2006 and consequential Letter (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 Sigma Sigma No. PPM 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 SIGMA AGRI PRODUCTS' 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 Fertilisers (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 petition, the High Court may be pleased direct the respondent authorities not to interfere with the petitioner's Company business of manufacture, sale and marketing products i.e., Sigma Mask, Sigma Magar, Sigma Shock, Sigma Sandy, Sigma Corolla, Sigma Kaizer, Sigma Poucher, Sigma Grand, Sigma Conclave , Sigma Kingdom, Sigma Quick Plus, Sigma Mixee, Sigma Caspian, Sigma 3 and distribution of its bio- L Shah, Sigma Agni Path, Sigma Spot, Sigma Mission, Sigma Siren, Sigma Panja, Sigma Astro, Sigma Zapper, Sigma Tally Plus, Sigma Super Spinner, Sigma Star, Sigma Konnect, Sigma Grenade, Sigma Bandhan, Sigma Super- 90, Sigma More Premium SP, Sigma Focal Point, Sigma Taaza-SP, Sigma Actis, Sigma, Zircon, Sigma Gold, Sigma Micro, Sigma Taaza-SL, Sigma Radiant, Sigma Roobee, Sigma Galaxy, Sigma Vegas, Sigma Taaza-GR, Sigma Tusker, Sigma Planner, Sigma Katara, Sigma Theenmaar, Sigma Sygon, Sigma Super Nagamani, Sigma, Giantman, Sigma Sigman, Sigma Cobra Pius, Sigma Signal, Sigma Millenium, Sigma D9. under the name and style of 'SIGMA AGRI 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 pending disposal of the above writ petition. Counsel for the Petitioner:.SRI GA/ GANGADHAR Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following Order: ' ^ APHC010231682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the eighth day of October two thousand and twenty five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 22929 of 2025 Between: Sigma Agh Products ... Petitioner and The State of Andhra Pradesh and others ... Respondents Counsel for the petitioner: G.V.Gangadhar Counsel for the respondents: 1.G.P. for Agriculture The Court made the following: I 2 W.P.No.22929 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 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 of petitioner’s company under the brand name of ‘Sigma Agri Products’ manufacturing, distribution, sale and marketing its bio products viz.. Sigma Mask, Sigma Magar, Sigma Shock, Sigma Sandy, Sigma Corolla, Sigma Kaizer, Sigma Poucher, Sigma Grand, Sigma Conclave , Sigma Kingdom, Sigma Quick ■” Plus, Sigma Mixee, Sigma Caspian, Sigma 3 Shah, Sigma Agni Path, Sigma Spot, Sigma Mission, Sigma Siren, Sigma Panja, Sigma Astro, Sigma Zapper, Sigma Tally Plus, Sigma Super Spinner, Sigma Star, Sigma Konnect, Sigma Grenade, Sigma Bandhan, Sigma Super-90, Sigma More Premium SP, Sigma Focal Point, Sigma Taaza-SP, Sigma Actis, Sigma, Zircon, Sigma Gold, Sigma Micro, Sigma Taaza-SL, Sigma Radiant, Sigma Roobee, Sigma Galaxy, Sigma Vegas, Sigma Taaza-GR, Sigma Tusker, Sigma Planner, Sigma Katara, Sigma Theenmaar, Sigma Sygon, Sigma Super Nagamani, Sigma, Giantman, Sigma Sigman, Sigma Cobra Plus, Sigma Signal, Sigma Millenium, Sigma D9 in pursuance Memo No.PP.ll(1)2085/2005 dt. 21-01-2006 and of the consequential Letter No.PP.il (1)2085/2005 dt. 21-01-2006 a$ 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 cuiibequttiilly tu direct tl ie 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 ‘Sigma Agri Products’, 3 W.P.No.22929 of 2025 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. 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 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 No. PP.II (1) or the sale of the said products from the licensed premises will not be permitted. Inspite of specific directions of this Fligh Court i W.P.No.25293 of 2014 and batch, the officials of the in 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. The exhibition and marketing of the petitioner’s bio products, 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. 4 W.P.No.22929 of 2025 exhibit and market bio-products as per the circulars issued by the respondent No.2. 3. 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 the concerned State for applied for authorisation in Form-A2 in carrying the business of bio-stimulants as per the provisions of the Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985 (in 1985’) and to the Government of India in Form-G short ‘the Order, for inclusion of its bio-stimulants in Schedule-Vl. 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 of S.O.No.882(E) dated to the issuance which bio-stimulants were brought under the adjudicated prior 23.02.2021, through 1985. The petitioner has neither obtained a in Form G-3 nor submitted an purview of the Order, certificate of provisional registration application in Form- G for inclusion of its bio-stimulants in Schedule the business of bio-stimulants in clear violation of VI and carrying on law. It is false that the petitioner filed an application in Form-GI to issue Form-G2 provisional registration of bio-stimulants as per 1985 Gazettee Notification F.C.O. amended Order 2021 in 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, entitled to invoke the jurisdiction of this Court without The petitioner is not available statutory remedies under the Order, Therefore, the first exhausting the and the Essential Commodities Act, 1955. directed to follow the provisions of the Order, 1985 1985 petitioner may be from time to time as notified and prayed to dismiss the writ petition. 5 W.P.No.22929of2025 Further, the respondent No.2 filed a memo dated 07.10.2025 indicating the lisfof 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, the application of the petitioner would be examined and the licence for marketing would be granted as per law. 4. 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. 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. 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-Vl 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. ,'"tv 6 W.P.No.22929 of 2025 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, Government of Andhra Pradesh, Old Mirchi Yard, Nallapadu, Chuttagunta,Guntur,Guntur Distric 3. One CC to Sri G V GANGADHAR, Advocate [OPUC] 4. Two CCs to GP for AGRICULTURE, High Court of Andhra Pradesh [OUT] 5. Two CD Copies vna HIGH COURT DATED:08/10/2025 ORDER WP NO. 22929 OF 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS