Sun Light Agri Products v. The State of Andhra Pradesh

stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to direct the 2ND respondent not to interfere with sale and distribution of Bio-products / Bio-Stimulants of petitioner- Firm, viz., Tejaswi- SP, Sun Rise, Sun Shield, Sun Aminos, Skyzen- N, Samruddi-Gr, Fertisol-Gr, Cargill, Sun Power, Zing Zing, Rib Zib, Vanam, Vedha, Aakruti, Talwar, Omkar, Anti Cure, Expert, Brovin, 3-D, BEE-10, Cozen, Terra, Ajet, l-Focus, Sun Cure, Zing Zing Plus, Omkar-3, Expert Plus, Zebra, Racer, Eagle, Sun Grow, SSS, Kalki, Sun Flower, Sun Shakthi, Sun Force, Sun Grand, 3-D Plus & Cozen Plus, including from the licensed premises of the dealers, stockists, under the Insecticides Act, 1968 and the Fertilizers Control (order) Act, 1985, pending disposal of the above Writ petition. Counsel for the Petitioner: M/s B V APARNA LAKSHMI Counsel for the Respondents No.1,2: GP FOR AGRICULTURE The Court made the following: ORDER APHC010031552025 IN THE HIGH COURT OF ANDHRA PRADESH p-rl+lTv sr" -■^:h AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Between: WRIT PETITION NO: 1657/2025 M/s.Sun Light Agri Products ...PETITIONER AND The State of AP and another ...RESPONDENT(S) Counsel for the Petitioner:

1.B VAPARNA LAKSHMI Counsel for the Respondent(S): 1.GP FOR AGRICULTURE The Court made the following order: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO ORDER: WRIT PETITION N0.1657 of 2025 The writ petition is filed under Article 226 of the Constitution of India 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 Respondent In interfering sale and distribution of Bio products/Bio-Stimulants of petitioner-Firm, viz., Tejaswi-SP, Sun Rise, Sun Shield, Sun Aminos, Skyzen-N, Samruddl-Gr, Fertisol- Gr, Cargill, Sun Power, Zing Zing, Rib Zib, Vanam, Vedha, Aakruti, Talwar, Omkar, Anti Cure, Expert, Brovin, 3-D, BEE-10, Cozen, Terra, Ajet, l-Focus, Sun Cure, Zing Zing Plus, Omkar-3, Expert Plus, Zebra, Racer, Eagle, Sun Grow, SSS, Kalki, Sun Flower, Sun ShakthI, Sun Force, Sun Grand, 3-D Plus AND Cozen Plus, by issuing Memo No. PP.11 (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 Illegal, arbitrary, unconstitutional, and direct the 2"'^ respondent not to interfere with in any manner In selling and distribution of Blo-products/B io- Stlmulants including licensed premises dealers/stockists under the Insecticides Act, 1968 and the Fertilizers Control (Crder) Act, 1985 and to pass such other order or orders as this Hon’ble Court may deems fit and proper In the circumstances of the case.”

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. The learned counsel for the petitioner submits that the subject matter of this writ petition is squarely covered by the common order f . dated 05.08.2024 passed by this Court in W.P.Nos.16853 and 16916 of 2024.

4. The learned counsel for the respondents did not refute the said submission.

5. In view of the same, for the reasons alike in the aforesaid common order, this Court is inclined to dispose of the writ petition in terms of W.P.Nos.16853 and 16916 of 2024, dated 05.08.2024.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7. Registry is directed to attach a copy of the common order dated

05.08.2024 passed in W.P.Nos.16853 and 16916 of 2024 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR ' SECTION OFFICER To,

1. The Principal Secretary State of Andhra Pradesh, Agriculture AND Co- operation Dept., Secretariat, Velagapudi, Amaravati, Guntur District,

2. The Commissioner AND Director of Agriculture, State of Andhra Pradesh, Near Rythu Bazar, Chuttugunta, Guntur.

3. OneCCto M/s. B.V.APARNALAKSHMl, Advocate [OPUC] 4. Two CCs to GP FOR AGRICULTURE, High Court of Andhra Pradesh [OUT]

5. Three C.D.Copies (along with the copy 16916 of 2024) of the order dated 05-08-2024 in WP.No.16853 and HIGH COURT DATED:24/01/2025 ORDER WP.No.1657 of 2025 5^ r. I 2 8 FEB 2025 •a ^ . Current Section -y o Co,; DISPOSING OF THE WP WITHOUT COSTS >> w A APHC010332502024 lU IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330] (Special Original Jurisdiction) MONDAY .THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 16853/2024 Between: M/s.RAK Agri Science AND ...PETITIONER The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner;

1.B VAPARNA LAKSHMI Counsel for the Respondent(S):

1.GP FOR AGRICULTURE WRIT PETITION No: 16916/2024 Between: M/s.Osiries Agros ...PETITIONER AND The State Of Andhra Pradesh and Others...RESPONDENT(S) Counsel for the Petitioner:

1.B VAPARNA LAKSHMI Counsel for the Respondent(S):

1.GP FOR AGRICULTURE 9 w The Court made the following common order:- Since the subject matter involved in these Writ Petitions is one and the same, this Court deems it appropriate to dispose of these cases by way of this common order.

2. The grievance of the petitioners in these writ petitions is that the Government of India, while exercising the powers under Section 3 of Essential Commodities Act, 1955, amended the Fertilizer (inorganic, organic, mixed. Control Order) 1985 duly naming the above said substances as Bio Stimulants, and included Fertilizers (Inorganic, Organic, Mixed) Control Order, 1985 vide S.O.No.882 (E), dated 23-02- 2021. As per the said order dated 23-02-2021, Standards have to be specified by the Central Bio-stimulants Committee including in Schedule-VI. So far standards have not been specified for bio stimulants and included in Schedule-VI. As the standards for Bio Stimulants are not specified by Central Bio Stimulants Committee and not included in Schedule-VI, therefore respondents are not entitled to interfere with sale and distribution of (Bio-products/Bio-Stimul ants).

3. Further, contended that a notification was issued by the Government of India vide S.O.No.882 (E), dated 23-02-2021 allowing the manufactures/ distributors of Bio products/Bio-Stimulants to make application issuance provisional registration Bio- products/Bio-Stimulants as required under the above said order. inspite of that, the respondents are not receiving the applications filed n w ■<v in Form-G. As such, prayed to direct the respondents not to interfere with the petitioners business.

4. The learned counsel for the respondents have voiced/contended that the petitioners have not submitted any bio-efficacy trial reports and results pertaining non-toxicity and Ministry Agriculture and Farmers Welfare, Government of India has issued a Gazette notification vide SO No.882(E), dated 23.02.2021, under Fertilizer (Inorganic, Organic or Mixed) (Control) Amendment Order, 2021 duly including the Biostimulants in Schedule VI of Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985. The Division Bench of the combined Fligh Court observed that the guidelines prescribed in the order under appeal would remain in force only till appropriate legislation - either plenary or subordinate - is made in that regard and pursuant to the said Division Bench order and to regulate the manufacturing and marketing of bio-products particularly with fake and bogus addresses and to prevent spurious products to the farmers the Government issued G.O.Ms.No.18, Agriculture & Cooperation (AGRI.III) Department, dated 10.03.2017 and sub-clause (4) of Clause 3 of the said SO No.882(E) reads as follows; “(4) Notwithstanding anything contained in this order, any person manufacturing a biostimulant as on the date of publication of this order for which no standards have been specified, may, subject to making an application for grant of provisional registration under sub-clause (5), continue to manufacture for sale, sell, offer for sale, stock or exhibit 4 i such biostimulant for a period of two years from the date of publication of this order.”

5. The said time limits were extended vide SO No.2333, dated

14.06.2021, which reads as follows: “In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following order further to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, namely:- (i) This order may be called the Fertiliser (Control)

1. (Inorganic, Amendment Order, 2021. Organic Mixed) (ii) It shall come into force on the date of its publication in the Official Gazette. In the Fertiliser (Inorganic, Organic or Mixed)

2. (Control) Order, 1985,- (i) In clause 20(c), in sub-clause (5), for the words “within a period of six months from the date of publication of this order”, the words, figure and letters substituted. March, “within 2022” 31 (ii) In ‘Form G-3, for the words, figures and letters “up to....day of August, 2022”, the words, figures and letters “up to 22'"'^ day of February, 2023” shall be substituted.”

6. In view of the categorical extension of time limits in SO No.2333

14.06.2021, respondents directed follow provisions and the guidelines stipulated in SO No.882(E), dated

23.02.2021 and SO No.2333, dated 14.06.2021, while dealing with the products of the petitioners. w 5

7. The petitioners are also directed to make an application, within a period of two (02) weeks from the date of receipt of a copy of this order, to the Controller for grant of provisional registration Form G-1 along with (a) details of the product, its specifications, label and such other particulars as may be required; (b) certificate issued by the State Government in Form G-2 to that effect- (i) the product is available in the market prior to the publication of the said order; and (ii) no incident has come to its notice about the harmful effect of the product.

8. On receipt of such application by the respondents, process the application for grant of provisional registration, as per the procedure, law and legislation, the Controller by an order in writing grant a provisional certificate of registration of biostimulant in Form G-3, as expeditiously as possible, not later than four (04) weeks from the date of the application, in pursuant to the control order issued vide SO No.882(E), dated 23.02.2021. Meanwhile, respondents are directed to permit the petitioners to deal with the subject products.

9. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Date:05.08.2024 KBN JUSTICE TARLADA RAJASEKHARA RAO