Andhra Pradesh High Court - Amravati
Vydehi Bio Sciences Private Limited. vs The State Of Andhra Pradesh on 6 May, 2025
APHC010212182025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
TUESDAY, THE SIXTH DAY OF MAY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NOS: 11085 AND 11419 OF 2025
W.P.No.11085 of 2025
BETWEEN:
M/S FERTIS INDIA PRIVATE LTD ...PETITIONER
AND
THE STATE OF ANDHRA PRADESH ...RESPONDENT
COUNSEL FOR THE PETITIONER:
1. B V APARNA LAKSHMI
COUNSEL FOR THE RESPONDENT:
1. GP FOR AGRICULTURE
W.P.No.11419 of 2025
BETWEEN:
VYDEHI BIO SCIENCES PRIVATE LIMITED. ...PETITIONER
AND
THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S)
COUNSEL FOR THE PETITIONER:
1. G V GANGADHAR
COUNSEL FOR THE RESPONDENT(S):
2
1. GP FOR AGRICULTURE
THE COURT MADE THE FOLLOWING:
COMMON ORAL ORDER:
Heard Sri G.V. Gangadhar, learned Counsel for the Writ Petitioners and Sri A. Krishna Kishore, learned Assistant Government Pleader for Agriculture.
2. Sri A. Krishna Kishore, learned Assistant Government Pleader for Agriculture, has submitted the Written Instructions furnished by the Director of Agriculture, Andhra Pradesh, Guntur, dated 25.04.2025 along with the Gazette of India, dated 18.03.2025. Copies of it are supplied to the Writ Petitioner and the same are taken on record.
3. The relevant portion of the Written Instructions is usefully extracted hereunder:
"The petitioner neither obtained Provisional Registration (Form G3) within timelines specified in SO No. 882, dt 23.02.2021, SO No. 2333, dt: 14.06.2021, SO 1515(E), Dt:
31.03.2022 and SO No. 4638, dt :30.09.2022 nor applied for Permanent registration to GOI and to the Notified Authority, Andhra Pradesh for getting authorization letter to manufacturer, wholesale dealer, and retail dealer for carrying on the business of selling notified 11 Bio-Stimulants in Schedule VI of FCO, 1985.
The Respondents submitted that the Department Officers were not involved in the business of petitioner and the petitioner is fully aware about the Gazette Notification vide S.O.882 (E) dated 23.02.2021 & subsequent amendments and making false allegation against the respondents. The respondents authorities are in strict compliance as per the guidelines issued by the Ministry of Agriculture and Farmers Welfare, Government of India from time to time and the directions of the Hon'ble High court in WP No 13169/2021.
Since the petitioner neither obtained any valid registration i.e. Provisional Registration in Form G3/Permanent Registration from GOI nor authorization letter in Form A2 from the notified authority, AP for carrying on the business of selling Bio-Stimulants in Schedule VI of FCO, 1985 and in view of the circumstances submitted above, the Hon'ble High Court may be pleased to dismiss the Writ Petition and direct the 3 petitioner to follow the provisions and the guidelines stipulated in SO No. 882(E),dated 23.02.2021 under clause 20 C of FCO, 1985 and the directions of this Hon'ble High Court passed in WP No.13169/2021 dt 26.07.2021 as deemed fit."
4. The above Written Instructions would indicate that the Writ Petitioners have approached this Court in a premature manner without obtaining necessary permissions from the Government.
5. In this view of the matter, the present Writ Petitions are devoid of any merit.
6. Accordingly, the Writ Petitions are dismissed. No order as to costs.
7. Liberty is granted to the Writ Petitioner in W.P.No.11085 of 2025 to approach the appropriate Authorities.
8. Interlocutory Applications, if any, stand closed in terms of this order.
______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 06.05.2025 DSV