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[Cites 6, Cited by 0]

Andhra Pradesh High Court - Amravati

K P R Crop Sciences Private Limited vs The State Of Andhra Pradesh on 6 August, 2025

APHC010392052025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3311]
                          (Special Original Jurisdiction)

 Wednesday, the Sixth day of August, Two Thousand and Twenty Five

                                 Present

              The Honourable Ms. Justice B.S.Bhanumathi

                      Writ Petition No: 20301 of 2025

Between:

S.V.M. Agri. Labs                                          ...Petitioner

                                   and

The State of Andhra Pradesh and others                  ...Respondents

Counsel for the petitioner:

   1. G.V. Gangadhar

Counsel for the respondents:

   1. G.P. for Agriculture
                                      2

                                               W.P.No.20301 of 2025 and batch

APHC010401492025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3311]
                          (Special Original Jurisdiction)

 Wednesday, the Sixth day of August, Two Thousand and Twenty Five

                                 Present

              The Honourable Ms. Justice B.S.Bhanumathi

                      Writ Petition No: 20674 of 2025

Between:

Holocene Ecosolutions Pvt. Ltd.,                              ...Petitioner

                                   and

The State of Andhra Pradesh and others                    ...Respondents

Counsel for the petitioner:

   1. Narasimha Reddy G.L.

Counsel for the respondents:

   1. G.P. for Agriculture
                                      3

                                               W.P.No.20301 of 2025 and batch

APHC010392022025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3311]
                          (Special Original Jurisdiction)

 Wednesday, the Sixth day of August, Two Thousand and Twenty Five

                                 Present

              The Honourable Ms. Justice B.S.Bhanumathi

                      Writ Petition No: 20344 of 2025

Between:

K.P.R. Crop Sciences Private Limited                          ...Petitioner

                                   and

The State of Andhra Pradesh and others                    ...Respondents

Counsel for the petitioner:

   1. G.V. Gangadhar

Counsel for the respondents:

   1. G.P. for Agriculture
                                      4

                                               W.P.No.20301 of 2025 and batch

APHC010383942025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3311]
                          (Special Original Jurisdiction)

 Wednesday, the Sixth day of August, Two Thousand and Twenty Five

                                 Present

              The Honourable Ms. Justice B.S.Bhanumathi

                      Writ Petition No: 19668 of 2025

Between:

M/s. Siva Sai Crop Protection                                 ...Petitioner

                                   and

The State of Andhra Pradesh and others                    ...Respondents

Counsel for the petitioner:

   1. B.V. Aparna Lakshmi

Counsel for the respondents:

   1. G.P. for Co-operation
                                      5

                                               W.P.No.20301 of 2025 and batch

APHC010383962025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3311]
                          (Special Original Jurisdiction)

 Wednesday, the Sixth day of August, Two Thousand and Twenty Five

                                 Present

              The Honourable Ms. Justice B.S.Bhanumathi

                      Writ Petition No: 19846 of 2025

Between:

Gangothri Nutrients and Fertilizers Private Limited           ...Petitioner

                                   and

The State of Andhra Pradesh and others                    ...Respondents

Counsel for the petitioner:

   1. B.V. Aparna Lakshmi

Counsel for the respondents:

   1. G.P. for Co-operation

The Court made the following:
                                        6

                                                  W.P.No.20301 of 2025 and batch

     Writ Petition Nos. 20301, 20674, 20344, 19668 and 19846 of 2025

COMMON ORDER:

W.P.No.20301 of 2025 is filed seeking the following relief:

"...to direct the respondent authorities not to interfere with the petitioner's company business of manufacture, sale and marketing and distribution of its Bio-Products/Bio Stimulants i.e., Lotus, SVM Gold, SVM Gold Ultra, Gramar, Ritvi, Atom, Rocket, Preet, Trotic, Jackpot, Jackpot++, Skylark, Gunshot, Falcon-6, Yalex Gold, Action, Action Ultra, Rakshak, Yalex, Eagle, Power Claim, Radix+, Radix+ Ultra, 2 in 1, 2 in1 Ultra, Killer, Jauger, Killer Paddy Special, Duster, Killer Ultra, Robo, Leader, Leader Ultra, F-9, Coro G, Robin, Killer Moovee, Ron, Current, Shooter, Sindoor. Under the name and style of 'S.V.M. Agri Labs' including from the licenced 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 and to pass such..."

2. W.P.No.20674 of 2025 is filed seeking the following relief:

"...to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with sale and distribution of bio-products / bio stimulants of petitioner-firm by issuing Memo No.PPII(1) 2085/2005, dated 21-01-2006 and Letter No.PP.II(1) 2085/2005, dated 21-01-2006 and in the absence of Notification prescribing standards and not included in Schedule-VI as being illegal, arbitrary, unconstitutional and direct the 2nd respondent not to interfere with in any manner in selling and distribution of bio- products / bio-stimulants including from the licenced premises of 7 W.P.No.20301 of 2025 and batch the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985 and pass..."

3. W.P.No.20334 of 2025 is filed seeking the following relief:

"...to issue a writ or 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 / bio-stimulant sunder the brand name of 'K.P.R. Crop Sciences Private Limited' manufacturing, distribution, sale and marketing of its bio products / bio-stimulants i.e., Annadata Setright (CMS), Annadata Set Right(CMS), Apurva Set Right (CMS), Abhaya St Right (CMS), Trigold (Soil Conditioner). The 2nd respondent pursuance of the Memo No.PPI(1)2085/2005 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 / bio-stimulants under the name and style of 'K.P.R. Crop Sciences Private Limited' including from the licenced 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 and pass..."

4. W.P.No.19668 of 2025 is filed seeking the following relief:

"...to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd 8 W.P.No.20301 of 2025 and batch respondent in interfering with sale and distribution of bio-products / bio-stimulants of petitioner-firm, viz., All Out Benefit, Nutrien-H.M. Star Mite, Sun Shine, Alaknanda, Super Dhaud, Garuda-SP, AB- 009, Super Cobra, XUV-500, Tygor, Arjun Rada, Astra Rama Banam, Bigil, Blend, Colors, Janani, Naina, Pick Up, Rider, Royals, RX-99, Shock-9999, Super-DJ, Xodus, Tygon, Maximas, Raxi, Green Guard, Atomace, Quantum, Fusion Fantic, Oxalis, Jovin & Scotia Bean, which contains Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act, 1968 and not included in Schedule-VI of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.II(1) 2085/2005, dated 21-01-2006and Letter No. PP.II(1)2085/2005, dated 21-01-2006, and in the absence of notification prescribing the standards in Schedule-VI, as being illegal, arbitrary. unconstitutional, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio-products / bio- stimulants including from the licenced premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985 and pass..."

5. W.P.No.19846 of 2025 is filed seeking the following relief:

"...to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2 nd respondent in interfering with sale and distribution of bio-products / bio- stimulants of petitioner- company, viz., Grovita Plus, Boom Auxin Liquid, Boom Auxin Powder, Boom Auxin Plus Liquid, Boom Auxin Plus Powder, Boom Auxin Pro Liquid & Boom Auxin Pro Powder, D Virus, Nematobe, Fungiblast, Crop Sure Chilli Crop Special, Crop Sure Citrus Crop Special, Crop Sure Mango Crop Special, Crop Sure Pulses Crop Special, Crop Sure Cotton Crop 9 W.P.No.20301 of 2025 and batch Special, Crop Sure Fruits Crop Special, Crop Sure Paddy Crop Special, Crop Sure Vegetables Crop Special, Crop Sure Phosphate-NPK 15:30:00, Crop Sure Nitrogen-NPK 32:00:00, Green Gold-32, Green Gold-19, Green Gold-52, Green Gold-46, Green Gold-50, Green Gold-61, Gromax (20:20:20-Rapid Grow), Gromax (20:20:20-Fruit Expert), Gromax (00:20:40-Fruit Max), Gromax (00:30:34 -Flower King), Gromax (10:24:30-Bloom Expert), Gromax (05:05:05-Starter), which contains Anti Transpirants, Pressmud, Chitine and Egg Shell and are also not covered under the Insecticides Act, 1968 and not included in Schedule-VI of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP II(1)2085/2005,dated 21-01-2006 and Letter No. PP.II(1)2085/2005, dated 21-01-2006, and in the absence of notification prescribing the standards in Schedule-VI, as being illegal, arbitrary, unconstitutional, and direct the 2nd respondent not to interfere within any manner in selling and distribution of bio- products / bio- stimulants including from the licenced premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985 and pass.."

6. These writ petitions are filed aggrieved by the action of the respondents in interfering with the manufacturing and business activities of the petitioners stating that the products of the petitioners are not covered by the above provisions of law.

7. Sri T. Raghu, learned Assistant Government Pleader for Agriculture assisted by the Assistant Director, Agriculture stated that the application for issue of permanent or provisional registration shall be made in physical form to the Mandal Agricultural Officer.

10

W.P.No.20301 of 2025 and batch

8. Since the crux of the dispute in all these writ petitions is whether the product(s) manufactured by the petitioners is / are within the items notified in the Schedule VI of the Fertilizers (Inorganic, Organic or Mixed) (Control) Order, 1985, the writ petitions are disposed as follows:

a) The petitioners are given liberty to make applications within one (1) week to Mandal Agricultural Officer concerned along with necessary documents in physical form disclosing all such particulars of the ingredients of their products as are necessary to compare with the notified items.
b) On submission of such application(s), within one (1) week, the application(s) shall be scrutinized and further steps shall be taken by the notified authority, provided the product(s) is / are within the Schedule VI of the above said control order.
c) If the product(s) is / are found to be not covered by the notified items in the Schedule VI after scrutiny, the application(s) may be returned with such endorsement in which case, the petitioner(s) need not apply for licence and the respondents shall not interfere with the manufacturing and business in respect of such product of the petitioner(s). If the product(s) is / are within the Schedule VI of the notified items, till the licence is processed, the respondent authorities shall not interfere with the manufacturing and business activities of the petitioner(s) in respect of those products.

There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

________________________ JUSTICE B.S. BHANUMATHI Date: 06.08.2025 Note: Issue C.C. today b/o NSM 11 W.P.No.20301 of 2025 and batch The Honourable Ms. Justice B.S.Bhanumathi Writ Petition Nos. 20301, 20674, 20344, 19668 and 19846 of 2025 Date: 06.08.2025 Note: Issue C.C. today b/o NSM