APHC010630762025 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: 105 of 2026 Between: Neo Gene Agri Inputs 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.105 of 2026 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ of mandamus, declaring the action of the respondent authorities in interfering with the manufacture, sale, and marketing of the petitioner company’s bio-products / bio-stimulants under the brand name Neo-Gene Agri Inputs Private Limited namely Geno Zyme Gr, Ferti Grow, Kohinoor Growth, GeneX, Gene Shot, Goale, Mega Vire, Breza, Edition, Atom, Genex Plus, Shooter SP, NRI, Kala, Ultra Vire, Black Buster, and Audi, Vishwas, Camel, Genflower, Neo gold, Non Stop as being illegal, arbitrary, unconstitutional, and violative 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 lawful business of manufacture, sale, and marketing of its 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 Neo-Gene Agri Inputs 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. 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(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 3 W.P.No.105 of 2026 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. The petitioner submitted a list of 14 items of bio-stimulants with the details of the composition and ingredients. The memo was returned by the Registry. 3. However, 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 14 items of bio-stimulants only one item is included in 132 number of bio-stimulants listed in Schedule-VI of the Control Order. It reads as follows: Ingredient and composition Amino 20% v/v; Aqueous Media QS 80% v/v Remarks This bio stimulant grade is notified under Schedule-VI of FCO, 1985. 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 13 items of the products shown 4 W.P.No.105 of 2026 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 Schedule-VI, and subsequently, the petitioner shall obtain 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. 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. 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 Schedule-VI and the rest of 13 items of products which are not included in 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 5 W.P.No.105 of 2026 217 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 105 of 2026 Dated: 01.04.2026 NSM