APHC010434532025 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: 22670 OF 2025 Between: Kavitha Life Sciences, Having its Factory , Sy.No/l/A, Plot No132 To 135, Auto Nagar, Bagh Hayath Nagar, Ranga Reddy District, Telangana-500070. Having Its Office, D.No.76-14-243, H.B.Colony Part, Teachers Colony, Bhavanipuram, Krishna, Andhra Pradesh- 520003. Represented By Its Proprietor, Md Chand Basha, S/o. Shaik Mohammad Akbar, Aged about 56 years, Occ Business, R/o H.No. 87/1400-42-A, Dhanalakshmi Nagar, Near Bhadrinath Nagar, Opp K.G.N Tiles Nandyal Road, Kurnool District, Andhra Pradesh-518002 ...Petitioner AND 1. The State Of Andhra Pradesh, rep. By its PrI. Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati 2. The Commissioner 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 manufacturing. Distribution, sale and marketing of its Bio Products/Bio Stimulants i.e., Indus, Indus Gold, Mahamin, Tarazyme, Indus Granules, Inox, KAVITHA LIFE SCIENCES' Kala Shakthi, Dutchme, Dylan Gold, Mahabal Gold, Platin, Greendon, Bacto Gold, Biotaf Plus, Combo Grand, Echo Star, S-Cart, Al- Exo,Marico Gold, Lykan Plus, Mantra Plus, Super Mantra, Ashoka, Ayushman, Demand Super, Firangi G, Tavero, Leward, War, Allset, Diamond, 4G, Cotton Gold, KLS 999, Cotton Mithra, Otiss, Yuva Grow, Indi Grow, Squad, Zoom Flower, Charge, Belora, Sana, Liyana, Simona, Vajra Super, R-Bitt, Super Kil. The 2nd Respondent in pursuance of theMemoNo.PPI(l)2085/200 5 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 M/S KAVITHA LIFE 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 petition, the High Court may be pleased pleased todirect the respondent authorities not to interfere with the petitioners Company business of manufacture, sale and marketing and distribution of its Bio-Products/Bio Stimulants i.e.,Indus, Indus Gold, Mahamin, Tarazyme, Indus Granules, Inox, Kala Shakthi, Dutchme, Dylan Gold, Mahabal Gold, Platin, Greendon, Bacto Gold, Biotaf Plus, Echo 'Star, S-Cart, Al- Exo, Marico % Gold, Lykan Plus Ayushman, Demand Super, Firangi G, Tavero, Leward, War, Allset, Diamond, 4G, Cotton Gold, KLS 999, Cotton Mithra, Otiss, Yuva Grow, Indi Grow, Squad, Zoom Flower, Charge, Belora, Sana++, Liyana, Simona, Vajra Super, R-Bitt, Super Kil. Under the name and style of M/S KAVITHA LIFE SCIENCES' including from the licensed premises of the Petitioner's Company and its dealers/stockiests in the State of Andhra Pradesh Insecticides Act, 1968 and Fertilizers (Control) Order 1985 pending disposal of the above writ petition. Combo Grand, Mantra Plus, Super Mantra, Ashoka under the 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 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: 22670 of 2025 [3311] Between: Kavitha Life Sciences ... 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.22670 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution 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 marketing of bio-products / bio-stimulants of petitioner’s company under the brand name of 'M/s. Kavitha Life Sciences' manufacturing, distribution, sale and marketing its bio products / bio stimulants, viz., Indus, Indus Gold, Mahamin, Tarazyme, Indus Granules, Inox, Kala Shakthi, Dutchme, Dylan Gold, Mahabal Gold, Platin, Greendon, Bacto Gold, Biotaf Plus, Echo Star, S-Cart, Al- Exo,Marico Gold, Lykan Plus, Combo Grand, Mantra Plus, Super Mantra, Ashoka, Ayushman, Demand Super, Firangi G, Tavero, Leward, War, Allset, Diamond, 4G, Cotton Gold, KLS 999, Cotton Mithra, Otiss, Yuva Grow, Indi Grow, Squad, Zoom Flower, Charge, Belora, Sana, of and Liyana, Simona, Vajra Super, R-Bitt, Super Kil in pursuance of the MemoNo.PP.II(1)2085/200 5 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 petitioners business of manufacture, sale and marketing of its bio products under the name and style of M/s. Kavitha Life 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. 3 -f. W.P.No.22670 of 2025 The case of the writ petitioner is briefly as follows; 2. has established manufacturing unit to The petitioner company 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) 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 N.2 orally directed the not to sell, exhibit and market company’s Act, petitioner’s company 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 per the circulars issued by the respondent No.2. 3. The respondent No.2 filed counter-affidavit with the averments as 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 w 4 W.P.No.22670of2025 Fertilizer (Inorganic, Organic or Mixed) (Gontrol) Order, 1985 (in short ‘the Order, 1985’) and to the Government of 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 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 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-GI to issue Form-G2 provisional registration of bio-stimulants amended Order 2021 in F.C.O. India in Form-G case as they were an as per 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 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. 4. 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. 5 W.P.No.22670 of 2025 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 writ petition permitting the petitioner to submit the application in physical form as the website is not functioning and further requested the concerned authority to receive the application with the acknowledgment and process the application 5. The the to direct annexures under an without any further delay by fixing time for disposal of the application. 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. The In the result, the writ petition is allowed permitting the petitioner to submit application in respect of the products specified dated 06.10.2025 as covered 7. by the respondent No.2 in the memo by the Schedule-Vl of the F.C.Act, in physical form, to the Mandal Agriculture Officer concerned, along with all necessary documents the rules and thereupon, the application shall be etc. as per 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/- G HELA NAIDU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Secretariat Principal Secretary, Agriculture Department, Buildings, Velagapudi, Amaravati A^rihra 2. The Commissioner Director of Agriculture 0°''®''™®" Pradesh, Old MIrchl Yard, Nallapadu, Chuttagunta,Guntur,Guntu Distric 3. One CC to 4. Two CCs to Pradesh [OUT] 5. Two CD Copies. 1. The SRI G V GANGADHAR Advocate [OPUC] FOR AGRICULTURE High Court of Andhra GP / AL HIGH COURT TL DATED:08/10/2025 ORDER WP NO. 22670 OF 2025 ALLOWING THE W.P. WITHOUT COSTS