Challenge Bio Agri Products Vs the State of Andhra Pradesh

Challenge Bio Agri Pr o ducts, having its factory flat no.6-204, m ain road, Nakkalampet, Kanchi k acherla,Krishna District, Andhra prade s h-521180. represented by its P roprietor, Katta Srinivasa rao, s/o.K a tta Janaki Ramaiah, aged abo u t 34 years, occupastion: business, r/o. H.No. 6-170-2, Nakkalamp e t, Paritala, Kanchikacherla, Krishn a District, Andhra pradesh-5211 8 0.

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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.13631 of 2025

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The Court made the following order:

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This writ petition under Article 226 of Constitution of India is filed to direct the respondent authorities not to interfere with the petitioner’s company business of manufacturing sale and marketing and distribution of its bio products / bio-stimulants i.e., Himalaya, Hunter, Rx-199, Elite, Regal, Group Star, Spark, Orbit, Prestige, Magestic, Grand, Influence, Spin, Revolution, Swift, 555, 999, Brave, Sand, Purpose, Byte, Buzz, Safari, Harrier, Strome, Punch, Idea, Jio, Bride, Energy, Randaince, Security, Right, Strong, Mirchi, Hit, Eagle, Passion, Rainbow, Rhion, Anaconda, Shark, Sharp, Lobster, Hero, Scorpion, Boxer, Husky, Brahmastra, Narayanastra, Attack, Bomber, Vishnu Chakra, Gun, Cobra, Move, Move Super, Singam, Thara, Valli, Challenge Granules Grade-A, Challenge Granules Grade-B, Agni, Missile, Granules Hit, Granules Passion, Raksha, Bhomiputra, Temper, K, K Square, Rocket, Empire, Light, Danger, Ranger, Killer, Skull, Rambo, Hi Power, Hi Tension, Legend, Bs, Vicky, Guhan, Capital, Amaravath, Indra, Raja, King, Large Scale, Boost Up, Ntr, Nbk, Don, Rising, Surya, Hurricane, Earthquake, Discover, Shine, Swing, Moon, Crown, Sanjivini, Train, Gate, Border, Gun Square. Under the name and style of ‘M/S Challenge Bio Agri Products’ including from the licensed 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 other order or orders as this Court deem fit and 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

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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 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

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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 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.

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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.

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The petitioner is manufacturing the bio-products / biostimulants in Andhra Pradesh state and has to make an

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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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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.

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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.

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The departmental officers were not involved in the business of

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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 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.

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