Disposed¶59

Criyagen Agri and Biotech Private Limited v. the State of Andhra Pradesh

Andhra Pradesh HC13 Jul 2025WP/12787/2025

Case brief

AI extract

What is this about?

biostimulants; bio products; Gromor F-20; Total-20; Criyagen Agri and Biotech; Fertilizer Control Order 1985; FCO Schedule-VI clause 20C; provisional registration Form-G3; Form-G2; permanent registration; authorization letter Form-A2; S.O. 882(E) 23.02.2021; S.O. 2333 14.06.2021; S.O. 1515(E) 31.03.2022; S.O. 4638(E) 30.09.2022; S.O. 1236(E) 17.03.2025; S.O. 3922(E) 12.09.2024; Insecticides Act 1968; Article 226; Articles 14 19(1)(g) 21 300-A; W.P.No.20538 of 2024; W.P.No.25293 of 2014; W.P.No.13169 of 2021; W.P.No.13160/2021; Director of Agriculture Andhra Pradesh; disposal in terms of earlier order; no costs.

What did the court decide?

Writ petition disposed of in terms of the order dated 18.09.2024 in W.P.No.20538 of 2024; no orders as to costs; pending miscellaneous petitions, if any, closed. ¶59

Criyagen Agri and Biotech Private Limited Vs… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the order dated 18.09.2024 in W.P.No.20538 of 2024; no orders as to costs; pending miscellaneous petitions, if any, closed.

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Issue for consideration

Whether the action of the respondent authorities in interfering with the manufacture, sale and marketing of the petitioner's bio products/biostimulants (Gromor F-20 / Total-20) in pursuance of Memo No.PPI(1) 2085/2005 dated 21.01.2006 and consequential Letter No.PPII(1)2085/2005 dated 21.01.2006 is illegal, arbitrary, unconstitutional and without jurisdiction. +1 more

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Court's answer

The learned Assistant Government Pleader for Agriculture conceded that the same order as in W.P.No.20538 of 2024 may be passed; accordingly, the writ petition is disposed of in terms of the order dated 18.09.2024 in W.P.No.20538 of 2024. The merits of the challenge were not independently adjudicated.

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Ratio / Principle

There shall be no orders as to costs.

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Key takeaways

As a sequel, the miscellaneous petitions, if any, pending in the writ petition stand closed.ratio¶61

Detailed headnote1 paragraphs

Writ Petition under Article 226 filed by Criyagen Agri & Biotech Private Limited seeking a mandamus against interference by the Andhra Pradesh agriculture authorities with its manufacture, sale and marketing of bio products/biostimulants (Gromor F-20 / Total-20) in pursuance of Memo No.PPI(1) 2085/2005 dated 21.01.2006 and Letter No.PPII(1)2085/2005 dated 21.01.2006, alleging violation of Articles 14, 19(1)(g), 21 and 300-A and of the Insecticides Act, 1968 and the Fertilizers (Control) Order, 1985. Per the written instructions of the Director of Agriculture (08.05.2025), bio-stimulants stood included in Schedule-VI of the FCO 1985 under clause 20C by S.O. 882(E) dated 23.02.2021, with a provisional (Form-G3)/permanent registration and Form-A2 authorization regime and prescribed deadlines (S.O. 4638(E) dt.30.09.2022; S.O. 1236(E) dt.17.03.2025; S.O. 3922(E) dt.12.09.2024 notifying 11 bio-stimulants), and the Department asserted the petitioner had obtained no such registration or authorization. The learned Assistant Government Pleader conceded that the same order as in W.P.No.20538 of 2024 (order dated 18.09.2024) may be passed. Held: writ petition disposed of in terms of W.P.No.20538 of 2024; no costs; pending miscellaneous petitions closed. Merits not independently adjudicated (B.S. Bhanumathi, J).

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[3311]

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APHC010241192025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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Monday, the Fourteen t h Day of July, Two Thousand and Twenty Five

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Present

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The Honourable Ms.Justice B.S.Bhanumathi

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Writ Petition No.12787 of 2025

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Between:

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Criyagen Agri & Biot e ch Private Limited, having its factory H .No.71/5, Doddaballapur, Ne e lamangala State Highway Road, Kareem Sonnenahalli village , Tumkur-Post, Bangalore, Karnata k a-562163. Registered office at, Door No.:18-3-53/28, Santhi Nagar, Tirupathi, Chittoor District, And h ra Pradesh represented by its Assista n t General Manager, V.Nagarju n a, S/o V.Narasimhulu, aged about 36 years, occupation Busines s , R/o, Gyarampalli, Settipalli V andlapalli, Kambhamvaripalli, Chitoor, Andhra Pradesh-517213.

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...Petitioner

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and

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The state of Andhra P radesh, rep. by its Principal Secretary, A griculture Department, Secretariat Buildings, Velagapudi, Amaravati

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The Commissioner a n d Director of Agriculture, Government of Andhra Pradesh,old Mirchi ya r d, Nallapadu, Chuttagunta,Guntur,Guntur District.

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...Respondents

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Counsel for the petitioner:

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1.G.V.Gangadhar

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Counsel for the Respondents

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1.Government Pleader f or Agriculture

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BSB, J W.P. No.12787 of 2025

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The Court made the following:

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ORDER

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This Writ Petition under Article 226 of Constitution of India is filed 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 / biostimulants of petitioner company i.e., Gromor F-20 / Total-20 under the brand name “Criyagen Agri and Biotech Private Limited” in pursuance of the memo No.PPI(1) 2085 / 2005 dated 21.01.2006 and consequential letter No.PPII(1)2085 / 2005 dated 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 etc., aforesaid, including in 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 and pass such other order or orders which this Court deems fit in the interest of justice.

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The learned counsel for the petitioner submitted that in some matters, vide order dated 18.09.2024 in W.P.No.20538 of 2024, the petitioner therein was given liberty to submit an application and the respondents were directed to process the application on receipt of such application and meanwhile, the respondents were directed to permit the petitioner to deal with subject products. He further submitted that earlier also, writ petitions No.13610, 13640 and 14274 of 2024 dealing with the same subject matter were disposed of on 09.07.2024 in terms of the order dated 26.07.2021 in W.P.No.13169

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BSB, J

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W.P. No.12787 of 2025

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of 2021. Therefore, he requested to pass the similar order as in W.P.No.20538 of 2024. There is also reference to order dated 10.07.2015 in a batch of cases in W.P.No.25293 of 2014 etc.

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The learned Assistant Government Pleader for Agriculture placed on record the written instructions of Director of Agriculture, Andhra Pradesh, Guntur dated 08.05.2025 which reads as below:-

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Previously all the firms were manufacturing and marketing the bio products in the State when the bio products come under neither F.C.O., 1985 nor Insecticide Act, 1966.

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The High Court of Andhra Pradesh has given certain directions, in W.P.No.25293 of 2014 and batch on 10-07-2015 to the manufacturers as well as the department to maintain the quality of the bio products.

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The bio product manufacturers approached the High Court by referring the above said order to the extent of the directions, which are favourable to their business, without complying the other directions and got the favourable orders under the cover order in W.P.No.25293 of 2014 and batch.

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M/S.Challenge Bio Agri Products filed W.P.No.1316/2025 seeking the relief under the cover of order in W.P.No.25293 of 2014 and batch.

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In the year 2021, all the bio-products were divided into 9 categories and renamed as bio-stimulants and were included in Schedule-VI of F.C.O., 1985 under clause 20C vide S.O.No 882, dated 23.02.2021.

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Detailed guidelines were given in S.O.No. 882, dt 23.02.2021 duly facilitating the existing bio-stimulant manufacturers to

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BSB, J

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W.P. No.12787 of 2025

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obtain provisional registration (Form-G3) from the Controller, G.O.l. till the permanent registration process is completed.

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For existing manufacturers who are doing business for three years prior to S.O. are eligible to get Form-G2 from the manufacturing state and get provisional registration (Form G3) from G.O.I. without having specifications in the bio-stimulants.

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For new manufacturer / importers and existing manufacturers who desire to get the permanent registration with specifications of their bio-stimulants should apply in Form-G for inclusion in Schedule-VI of F.C.O., 1985.

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The Govt. of India specified the time limits for obtaining the Provisional Registration (Form-G3) i.e. 31.03.2023 as per S.O. 4638(E), dated 30.09.2022 and permitted the firms to market their G3 obtained products till 16.06.2025 vide S.O.1236 (E), dated 17.03.2025.

¶44

The petitioner has not submitted any proposal to obtain G2 to the office of C&DA. AP, Guntur within the timelines given by G.O.I. as per S.O.882(E) dt.23.02.2021 and subsequently petitioner failed to get G3 from Govt. India as per S.O. 4638(E), dt 30.9.2022 within timelines of 31.03.2023.

¶45

The petitioner is manufacturing the bio-products / biostimulants in Andhra Pradesh state and has to make an application in Form-G giving all requisite details of chemistry, bio-efficacy trails and toxicity reports to the Controller of Fertilizer, Government of India for inclusion of bio-stimulants in Schedule-VI.

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BSB, J

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W.P. No.12787 of 2025

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Further, the Govt. of India, vide Notification S.O.No.3922 (E), dt.12.09.2024 notified 11 bio-stimulants in Schedule-VI of F.C.O. and required to issue an authorization letter to the manufacturer, wholesale dealer, and retail dealer for carrying on the business of fertilizers, including bio-stimulants, in the concerned state and requested the state government to act accordingly.

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Any manufacturer who desires to market bio-stimulants should obtain either Provisional Registration in Form-G3 / Permanent Registration or authorization letter (Form-A2) to manufacturer, to be wholesale dealer or a dealer for carrying on the business of selling notified 11 bio-stimulants in Schedule-VI of F.C.O., 1985.

¶51

The petitioner neither obtained Provisional Registration (Form-G3) within timelines specified in S.O.No.882. dt 23.02.2021, S.O.No 2333 dated 14.06.2021 S.O.1515(E), Dt.31.03.2022 and S.O.No.4638, dated 30.09.2022 nor applied to G.O.I. for permanent registration and to the notified authority, Andhra Pradesh, for getting authorization letter to manufacturer, to be whole sale dealer or retail dealer for carrying on the business of selling notified 11 Andhra Pradesh for getting authorization letter to manufacturer, wholesale biostimulants in Schedule-VI of F.C.O., 1985.

¶52

The departmental officers were not involved in the business of petitioner and the petitioner is fully aware of the Gazette Notification vide S.O.882(E) dated 23.02.2021 and the subsequent amendments, but is making false allegation against the respondents. The respondents authorities are strictly complying the guidelines issued by the Ministry of Agriculture

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BSB, J

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W.P. No.12787 of 2025

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and Farmers Welfare, Government of India from time to time and the directions of the High Court in WP No 13160/2021.

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• Since the petitioner neither obtained any valid registration i.e., Provisional Registration in Form-G3 / Permanent Registration from G.O.I. nor authorization letter in Form-A2 from the notified authority, A.P., for carrying on the business of selling biostimulants in Schedule-VI of F.C.O.,1985 and in view of the circumstances submitted above, the writ petition may be dismissed and the petitioner may be directed to follow the provisions and the guidelines stipulated in S.O.882(E), dated 23.02.2021 under clause 20 C of F.C.O., 1985 and directions of this High Court in W.P.No.13169 of 2021 dated 26.07.2021.

¶58

The learned Assistant Government Pleader conceded that the same order as in W.P.No.20538 of 2024 may be passed.

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Accordingly, the writ petition is disposed of in terms of order dated 18.09.2024 in W.P.No.20538 of 2024.

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There shall be no orders as to costs.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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___________________ ___ JUSTICE B.S. BHANUMATHI

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GRL

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BSB, J W.P. No.12787 of 2025

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192

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION No.12787 of 2025

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Dated :14.07.2025 GRL

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BSB, J W.P. No.12787 of 2025

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143

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 19845 of 2024

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BSB, J W.P. No.12787 of 2025

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Date: 06.01.2025. GRL

Procedural history

How this case reached the court

AI extract

Order under challenge
Action of the respondent authorities in interfering with the manufacture, sale and marketing of the petitioner's bio products/biostimulants (Gromor F-20 / Total-20) in pursuance of Memo No.PPI(1) 2085/2005 dated 21.01.2006 and consequential Letter No.PPII(1)2085/2005 dated 21.01.2006.¶24
Agriculture Department, Government of Andhra Pradesh (Director of Agriculture) · 21.01.2006
Prior proceeding
By order dated 18.09.2024 in W.P.No.20538 of 2024, the petitioner therein was given liberty to submit an application, the respondents were directed to process it on receipt, and the petitioner was meanwhile permitted to deal with the subject products; the present petitioner sought a similar order.¶25
Prior proceeding
Writ Petitions No.13610, 13640 and 14274 of 2024 dealing with the same subject matter were disposed of on 09.07.2024 in terms of the order dated 26.07.2021 in W.P.No.13169 of 2021.¶25
Prior proceeding
Learned counsel for the petitioner also referred to the order dated 10.07.2015 in a batch of cases in W.P.No.25293 of 2014 etc.¶29
Prior proceeding
The learned Assistant Government Pleader for Agriculture placed on record the written instructions of the Director of Agriculture, A.P., Guntur dated 08.05.2025: bio-stimulants were included in Schedule-VI of F.C.O., 1985 under clause 20C by S.O. 882(E) dated 23.02.2021; Form-G2/Form-G3 provisional registration deadlines were fixed (S.O. 4638(E) dt.30.09.2022, timeline 31.03.2023; marketing of G3 products permitted till 16.06.2025 per S.O. 1236(E) dt.17.03.2025); 11 bio-stimulants were notified by S.O. 3922(E) dt.12.09.2024 requiring Form-A2 authorization; the Department asserted the petitioner obtained neither registration nor authorization and sought dismissal with a direction to follow S.O. 882(E) and the directions in W.P.No.13169 of 2021 dated 26.07.2021.¶30
Prior proceeding
Per the Department, M/S.Challenge Bio Agri Products had filed W.P.No.1316/2025 seeking relief under the cover of the order in W.P.No.25293 of 2014 and batch.¶34
Prior proceeding
At the hearing, the learned Assistant Government Pleader conceded that the same order as in W.P.No.20538 of 2024 may be passed in this petition.¶58

Criyagen Agri and Biotech Private Limited v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Criyagen Agri and Biotech Private Limited v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

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