Common Order:
1. W.P.No.22053 of 2025 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 2nd respondent in interfering with sale and distribution of bio- products/bio- stimulants of petitioner-Firm, viz., Bhusara, Ikya, JJ Star, JJ Cott, Khansar, JJ 6G, JJ Altron, JJ 999, Rafel, JT Virus, Cobra, Boxer, Emirates, All-in-One, JJ Mite, Nutri Gold, Aspirta, Arvast, Super-9, Super-6, Parihas, JJ Alexa, Well Fire, Sumithra, 5 Galaxes, Bhurakshak, Pady Gold, Vajram AND Grow Earth, which contains, Anti- oxidants. Anti-Transpirants, Pressmud, Chitine, Egg Shell and Plant essential oils, 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 licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985 and pass…”
2. W.P.No.22118 of 2025 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 2nd respondent in interfering with sale and distribution of bio- products / bio- stimulants of petitioner-Firm, viz., Trust-HN, Agri Boost, Growwell, Proroot, Rootrich, Zytokill, Larvaguard, Defender, Petalrise, Greenspark, Grow Max, Cropplus, Larvix, Pestout, Earthrise, Nutripulse, Green Grow, Gogreen, Growon, Harshan Pro, Shaktipro, Dr. Plant, Robo 5G, Hunter, Wiltfree, Viroplus, Spider, Stepup, Mahaveer, Crop and Cure, Oneshot, Samrudhvi, Mr.Wonder Fungi Fight, Magic Grow, Blackspot, Panja, Sankalp, Bheeshma,Rich Soil, Fertibloom, Devi-H, Prudhvi, Multi-N and Garudasthra, which contains Anti- oxidants, Anti Transpirants, Pressmud, Chitine, Egg Shell and plant essential oils, 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 licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985 and pass…”
3. W.P.No.22122 of 2025 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 2nd Respondent in interfering with sale and distribution of bio- products / bio- stimulants of petitioner- Firm, viz., Bazooka Plus. Jupiter, Vaaradhi, Safaari, Gambir, Super Spider, Delight, Nutri Gold, Supreme, Relax, Mitex, Flower Special, Organica, Boxer, Cobra, Leader, Bullet, Garuda, Ladia, Sumithra, Well Fire, SG- Alexa, Defendar, Orbitor, Bhurakshak-G, Pady Gold and Earth Grow, which contains, Anti-oxidants, Anti Transpirants, Pressmud, Chitine, Egg Shell and plant essential oils, 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.11(1)2085/2005, dated 21-01- 2006 and Letter No.PP.11(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 licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985 and pass…”
4. W.P.No.22761 of 2025 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 2nd Respondent in interfering with sale and distribution of bio- products / bio-stimulants of petitioner-Firm, viz., Culture, Lavender, Fantak, Field Pro, Power Gold, Target, Mite Star, Commander, Continental, Soilder, Spot, Super Punch, Flantomycin, Energy, Siri, Toronto, JC Diamond, Mung Shot, Booster, Grow Plus Fighter, Attack, Gun Shot, Hatrik, Rocket, Missile, Siima, Captain, Dead Line, Power Shot, Boston and Richmond, which contains Anti-oxidants, Anti Transpirants, Pressmud, Chitine, Egg Shell and plant essential oils, 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.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 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 licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control(Order) Act, 1985 and pass …”
5. W.P.No.23373 of 2025 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 2nd respondent in interfering with sale and distribution of bio- products / bio-stimulants of petitioner-company, viz., Growmax9, Neela, Hurniter, Xyluck, Cikada, Nano, Mini, Ficus, Panta, Swammer, Luna-SP, Rooten Power, Maximal, Plantamycine, Pushkar, Growin, Exsofar, Biopurey, Radhaan, B 10 C, Aster, Violax, RDS, Tara Sitara, Golden Cott, Bolt, Pronic, Arka, Sisira, Tiltor, Aloktha, SSS, Dot, Zoom, Fiykhar, Paidon, Capture, Faizol Gr, Falcon Gr, KK, Rooten Gr, Rooten G Power, Godog, Dhadha, Kylon, Tygun, Redbell, Adheera, Manyaa Plus, Pinaki, Guru, Redox, Faizol, Anti-oxidants, Anti Falcon, Robosta and Qten, which contains Transpirants, Pressmud, Chitine, Egg Shell and plant essential oils, 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.11(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 licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985 and pass…”
6. W.P.No.23523 of 2025 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 2nd respondent in interfering Mandamus, declaring the action of the with sale and distribution of bio-products / bio-stimulants of petitioner-Company, viz., Kamposhak, Poshak Humic, Flourish, Galaxy, Poshak Leafmate, Hi Yield, Trishool, Vriddi, Full Fill, Full Size, Roshak Spl, Flower Click, Uttez, Kisantac, Monitor-A, Kisan Tac, Spreadmate Plus, Flower Click, 999 Gold, Blossom, ATM, Flower Zenerator AND Amino Star Gold, which contains Anti- oxidants, Anti Transpirants, Pressmud, Chitine, Egg Shell and plant essential oils, 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 licensed premises of the dealers / stockists under the Insecticides Act, 1968 and the Fertilizers Control (Order) Act, 1985 and pass…”
7. The case of the petitioners is briefly as follows:
a. The petitioners are engaged in the business of sale and supply of the bio-products / bio-stimulants mentioned above in the State of Andhra Pradesh. These bio-products / bio-stimulants are manufactured without usage of any toxic chemicals unlike the manufacturing of regular pesticides. They enrich the soil and ensure the protection of the plants / crops from viral, bacterial, fungus and other infections. They are also useful for getting more produce of the crop. The standards for them have not been prescribed and included in Schedule VI of the Fertilizers (Inorganic, Organic or Mixed) (Control) Order, 1985.
b. The provisions of the Insecticides Act, 1968, have no application to the products of the petitioners. The petitioners have been marketing their products and paying tax to the government. Though, it is not necessary to obtain any permission for marketing of the above products, the respondent No.2 which is a regulatory authority for the supervision and control of insecticides and pesticides is insisting the petitioners for obtaining marketing permission for sale of these products and distribution by the dealers of the petitioners. In a batch of writ petitions, W.P.No.25293 of 2014 and others, when the interference of the respondents in the manufacturing, sale and distribution of bio-products / bio-stimulants was questioned, the High Court vide order dated 10.07.2015, allowed the petitioners therein to manufacture, sell and distribute bio-products / bio-stimulants. Questioning the said orders, the State of Telangana filed two writ appeals vide W.A.No.1122 of 2016 and W.A.No.1136 of 2016. The division bench of the High Court confirmed the order under appeal, except to an extent of the guidelines issued under clauses 6 and 7 of the order impugned therein. The division bench further specifically observed that there cannot be omnibus categorization of all bio-products / bio-stimulants as insecticides for taking action against the dealers and the guidelines issued in the impugned order shall be in-addition to the powers conferred on the authority under the rules. Therefore, the petitioners are also marketing and distributing the above products, which do not contain either insecticides or fertilizers. The Government of India amended the Order, 1985, duly naming the above substances as bio-stimulants and included in the Order, 1985, vide S.O.No.882 (E), dated 23.02.2021, as per which 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, such as, anti-transpirants, pressmud, chitine, egg shell and plant essential oils nor have they been included in Schedule–VI. Therefore, the respondents are not entitled to interfere with the sale and distribution of the bio-products / bio-stimulants.
c. As per gazette notification S.O.No.882 (E), dated 23.02.2021 of Government of India, companies established before the year 2018 are eligible for Form G-2 application. As per the circular bearing File No.3-14/2017/Ferilaw(partpart), dated 11.04.2023 issued by the Government of India, the last date for filing of the Form G-2 application elapsed by 31.03.2023. The case of the petitioners is similar to the facts mentioned in W.P.No.25293 of 2014 and batch. As such, the petitioners may be granted the order similar to the one passed in the batch of writ petitions on 10.07.2015.
8. The respondent No.2 filed counters in all writ petitions opposing the contention of the petitioners with the averments briefly stated as follows:
a. It is incorrect that the respondents are interfering with the manufacturing, sale and distribution of the bio-products / bio- stimulants of the petitioners. The term bio-product is not defined either in the Essential Commodities Act, 1955 or in the Order, 1985. The word bio-product is loosely used in a misleading manner, seemingly to evade the legal provisions. The companies are cheating the innocent farmers under the name bio-product which is not recognized by any government competent authority. The enforcement authorities could not interfere and regulate the quality of these bio-products in the absence of authoritarian order or legislation. As a result, non-standard and spurious products are being sold to the farmers at high prices, resulting in poor crop yield and financial loss to the farmers and also affecting the economy of the country. The Government of India brought these unorganized sector of bio-products into the ambit of the Order, 1985 naming them as bio-stimulants. Vide S.O.No.882 (E), dated 23.02.2021 of Government of India, bio stimulants are brought under Clause 20-C and included in Schedule VI of the Order, 1985. Therefore, they require mandatory registration and authorization process under Clause 8. To do natural justice to all the manufacturers and marketers, the Government of India, initially, made easy transit provisions giving ample time of nearly four years from 21.02.2021 for migration from provisional registration in Form G-3 to permanent authorization letter in Form-A2. Clause 20-C(4) enabled such transit for a limited time. Clause 20-C(5) mandates that manufacturer referred in sub-clause (4) shall, within the specified period of time, apply to the Controller for grant of provisional registration in Form G- 1 along with the following:
(a) details of the product, its specifications, label and such other particulars as may be required;
(b) a certificate issued by the State Government in Form G-2 to the effect that-
(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 harmful effect of the product.
b. Clause 20-C(6) provides grant of provisional certificate of registration of bio-stimulant in Form G-3.
c. As per Clause 20-C(7) introduced by S.O.No.1963(E) w.e.f., 08.05.2024, no person shall manufacture or import any bio- stimulant, unless it is notified by the Central Government in Schedule VI.
d. Different forms, viz., Form G-1, Form G-2 and Form G-3, are prescribed under Clause 20-C for inclusion of new bio-stimulant in Schedule VI and for obtaining provisional certificate of registration of bio-stimulant for which no standard has been specified. The validity of the provisional certificate of registration of bio-stimulant vide Form G-3 was initially given up to August, 2022 and has been extended from time to time up to 16.06.2025.
e. In the light of expiry of the timeline, both for applying for a provisional certificate of registration and the validity of the provisional certificate of registration, the reference made by the petitioners to Clause 20-C(4) is rendered irrelevant. Vide S.O.No.3922, dated 12.09.2024, the Government of India initially notified eleven (11) number of bio-stimulants along with their specifications and as on date the Government of India has notified 146 numbers of bio- stimulants under different categories through five number of statutory orders.
f. The Deputy Secretary to the Government of India, Department of Agriculture and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Government of India, on 11.03.2025, issued instructions directing the states to issue authorization letter to the manufacturer, wholesaler, dealer and retailer for carrying on business of selling fertilizers, including bio-stimulants, in the concerned state. Accordingly, the Director of Agriculture, A.P., issued instructions to all the District Agricultural Officers in the State to process the applications received for manufacturing and marketing of bio-stimulants for issuing authorization letter in Form A-
2. As on date, the Department of Agriculture issued 15 number of authorization letters and a few more are in the process. The petitioners admitted that their products have not been prescribed and included in Schedule VI. The petitioners can apply for authorization letter in Form A-2 in the concerned state(s) for carrying the business of bio-stimulants notified in Schedule VI; or else to apply to the Government of India in Form G for inclusion of petitioners’ bio-stimulants in Schedule VI (for the bio-stimulants not covered by the items notified in Schedule VI) and subsequently can apply for authorization letter in Form A-2 in the concerned state(s) for carrying on the business after inclusion of the products in Schedule VI. In view of Clause 20-C(7) of the Order, 1985, the petitioners were not authorized to manufacture and sell the bio- stimulants which are not notified under Schedule VI of the Order, 1985.
9. The learned counsel for the petitioners requested to pass an order similar to the one passed by this Court, in a similar Writ Petition No.22670 of 2025, on 08.08.2025, which reads as follows:
“In the result, the writ petition is allowed permitting the petitioner to submit application in respect of the products specified by the respondent No.2 in the memo dated 06.10.2025 (sic 07.10.2025) as covered by the Schedule VI of the F.C. Act, in physical form, to the Mandal Agriculture Officer concerned, along with all necessary documents etc. as per the rules and thereupon, the application shall be processed within four (4) weeks. The memo dated 07.10.2025 filed by the respondent No.2 shall form part of the order.”
10. The learned Assistant Government Pleader for Agriculture submitted that the petitioner therein had filed a memo clearly stipulating details of the products for the purpose of examining whether they are covered by Schedule VI or not and thereafter, the respondents had filed a reply memo indicating the products dealt by that petitioner which are covered and not covered under Schedule VI and thereafter, this Court, instead of granting the relief claimed in the writ petition, disposed of the writ petition, permitting the petitioner to submit an application as above noted, but, in the present case, the petitioners had not given any details to incorporate them in the order so as to enable the petitioners to submit an application. He further submitted that unless a product is covered by Schedule VI, a permit for manufacturing or sale cannot be given and that if a manufacturer requires such permit, first of all, it must apply to the Central Government for inclusion of the product in Schedule VI, whereas, even according to the petitioners, no product of the petitioners is included in Schedule VI. Therefore, he submitted that the petitioners herein cannot make an application in Form A-2 to permit sale of such product within the State of Andhra Pradesh. It is also submitted by him that as per Clause 8(2), the petitioners shall make an application in Form A-1, in duplicate, together with the fee prescribed under Clause 36 and a certificate of source in Form O (certificate of source for carrying on the business of selling fertilizers in wholesale / retail / industrial use), but, the petitioners have no certificate under Form O obtained from the State of Telangana where the manufacturing units of the petitioners are located.
11. As rightly contended by the learned Assistant Government Pleader for Agriculture, as per Clause 20-C(7) of the Order, 1985, the petitioners cannot claim the benefit under Clause-8(4) due to expiry of the time stated therein and cannot deal with sale and distribution of the bio-products / bio-stimulants of the petitioners which are admitted to be not covered by Schedule VI, until steps are taken for their inclusion in Schedule VI and submit an application in Form A-1 along with the necessary annexures as stated in Clause 8(2) of the Order, 1985. In the order in W.P.No.22670 of 2025, the petitioner was permitted to submit application only in respect of items of products which are covered by Schedule VI. Whereas, the admitted case of the petitioners herein is that the products of the petitioners are not covered by Schedule VI. Therefore, the petitioners cannot seek an order similar to the one in W.P.No.22670 of 2025.
12. Under the above circumstances, the Writ Petitions are disposed of leaving it open to the petitioners to take steps appropriate to secure the necessary permit / authorization as per law, either for inclusion of their product(s) / bio-stimulant(s) in Schedule VI, if not covered by Schedule VI; or to make duly filled application in Form A-1 with necessary annexures in respect of product(s) / bio-stimulant(s) covered by Schedule VI, if any, before the appropriate authority.
There shall be no order as to costs.
Pending miscellaneous applications, if any, in these writ petitions, shall stand closed.
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