APHC010630732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the First day of April Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No:32719 of 2025 Between: Vir Akshay Agri Solutions Private Limited ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. Basireddy Gari Somanatheswara Reddy Counsel for the respondents: 1. G.P. for Agriculture The Court made the following: 2 W.P.No.32719 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondent authorities in interfering with the manufacture, sale, and marketing of the bio-products / bio-stimulants of the petitioner company under the brand name Vir Akshay Agri Solutions Private Limited, namely Earth Plus Gr, Forex Gr, Earth Plus, Vir Zyme, Flower Plus, Exopride, V Crown, Kubher, Wixy Care, Safe Crop, Acres Crop Care, Akarsh, Unitech, Actom, Crop Care, Boost Gold, Ultra Nutri Boost, Shine Gold, Catcher, V-Star, Saadhan, Saadhan SP, Topper Powder Poshak, Aayuv, Prime Green, Power Max, Elite-50, VIP, Xpro Plus, Informer, Vairaa, V-Safe, Robotech, Karshak, Difender, Unlock, Killer Plus and Speed, as being illegal, arbitrary, unconstitutional, without jurisdiction, and in violation of Articles 14, 19(1)(g), 21, and 300-A of the Constitution of India, and consequently direct the respondents not to interfere with the petitioner's business operations, manufacture, sale, and marketing of the said bio-products in the State of Andhra Pradesh, and pass…” 2. The case of the petitioner, briefly stated, is as follows: a. The petitioner is engaged in manufacturing and selling of bio- products under the brand name Vir Akshay Agri Solutions Private Limited dealing with purely organic products that can be used to enhance plant growth and crop yield without involving any toxic or synthetic chemicals. 3 W.P.No.32719 of 2025 b. The respondent No.2, the regulatory authority for supervision and control of the insecticides and fertilizers has been relying on memo No.PP.II(1) 2085/2005, dated 21.01.2006 and consequential letter No.PP II(1) 2085/2005, dated 21.01.2006, wherein it was stated that since bio-products are not covered by the Insecticides Act, 1968 or the Fertilisers (Inorganic, Organic or Mixed) (Control) Order, 1985, [in short “Control Order”], the stocking, storing, or sale of such products from licenced premises will not be permitted. The action of the respondent authorities in interfering with the lawful business activities of the petitioner is illegal, hence, this writ petition was filed. c. Sri P.Pavan Chowdary, learned counsel representing the learned counsel for the petitioner, submitted that a list of 37 items of bio- stimulants with the details of the composition and ingredients had been filed through a memo dated 29.12.2025. 3. In reply, Sri G.Naveen, learned Assistant Government Pleader for Agriculture placed on record a copy of written instructions in the form of a memo dated 23.01.2026, filed on 27.01.2026, stating that out of 37 items of bio-stimulants, only four items are included in 132 number of bio-stimulants listed in Schedule-VI of the Control Order. It reads as follows: S.No. Ingredient and composition Remarks 1 Amino 20% v/v; Aqueous Media QS 80% v/v These bio-stimulant grades are notified under Schedule-VI of F.C.O., 1985. 2 Amino 10% v/v; Fillers 80% v/v 3 Amino 20% v/v; Aqueous QS 80% v/v 4 Amino10% v/v; Stabilizers 13.5% v/v; Fillers 7 6.5% v/v 4 W.P.No.32719 of 2025 4. It is further stated that the petitioner has to submit an application as per Clause 8(2) of the Control Order in respect of that item to the concerned Mandal Agricultural Officer for verification, inspection and processing through proper channel to the notified authority for issuing authorization letter in Form-A2 for carrying on the business of the fertilizers, including bio-stimulants, in the State. As per Clause 8(3), the notified authority shall issue an acknowledgment of receipt in Form-A2 on receipt of memorandum of intimation complete in all respects and such acknowledgement shall be deemed to be an authorized letter. 5. Since, as per Clause 20C(7) of the Control Order, no person shall manufacture or import any bio-stimulant unless such bio-stimulant is included in the Schedule-VI, the rest of 33 items of the products shown by the petitioner are not eligible for acknowledgment under Clause 8(3) of the Control Order. 6. In respect of any item which is not included in the Schedule-VI of the Control Order, the petitioner shall make an application to the Controller i.e., Joint Secretary, Integrated Nutrient Management, Department of Agriculture and Farmers Welfare, Government of India in Form-G as per Clause 20C(3) for inclusion of that product as bio- stimulant in the Schedule-VI, and subsequently, the petitioner shall obtain an authorization letter in Form-A2 from the concerned State, and that there is no time line for submission of the application in Form-G to the Controller. 7. The learned Assistant Government Pleader for Agriculture submitted that the department of Agriculture issues authorization letters in Form-A2 to any applicant who applies in accordance with the provisions of the Control Order for carrying on business of fertilizers, including bio-stimulants, in the State of Andhra Pradesh. 5 W.P.No.32719 of 2025 8. In view thereof, the learned counsel for the petitioner requested to pass appropriate order. 9. In the result, the writ petition is disposed of giving liberty to the petitioner to take steps appropriate to the item of product which is included in the Schedule-VI and the rest of 33 items of products which are not included in the Schedule-VI, as specified above in the memo dated 23.01.2026. No order as to costs. Interim orders granted earlier, if any, shall stand vacated. Miscellaneous applications, if any, shall stand closed. _________________________ JUSTICE B.S. BHANUMATHI Dated: 01.04.2026 NSM 6 W.P.No.32719 of 2025 124 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No:32719 of 2025 Dated: 01.04.2026 NSM