2025 Supreme(Online)(AP) 21093

HIGH COURT OF ANDHRA PRADESH
B S BHANUMATHI
SSABAABA MICRO NEWTRIN PRIVATE LIMITED – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WP 23373/2025

Bio-stimulants not notified in Schedule VI of the Fertilizers Control Order, 1985 cannot be manufactured or sold under Clause 20-C(7); the importer/manufacturer must first seek their inclusion in the schedule before seeking state-level authorization.

Headnote:(A) Fertilizers (Inorganic, Organic or Mixed) (Control) Order, 1985 - Clauses 8, 20-C, Schedule VI - Essential Commodities Act, 1955 - Insecticides Act, 1968 - The petitioners challenged the interference by the respondent authorities with the sale and distribution of their bio-products/bio-stimulants, arguing that these products were not covered under the Insecticides Act, 1968 or included in Schedule VI of the Fertilizers Control Order, 1985. The court held that as per Clause 20-C(7) of the Order, 1985, no person can manufacture or sell bio-stimulants not notified under Schedule VI. The petitioners' products were admittedly not in Schedule VI, and the time for obtaining provisional registration had expired. The court directed the petitioners to take steps for inclusion of their products in Schedule VI or, if already covered, to apply in Form A-1.

(B) The court distinguished the case from a previous order in W.P.No.22670 of 2025, where the petitioner's products were already covered by Schedule VI. The present petitioners could not seek a similar order as their products were not covered by Schedule VI.

Facts of the case:
The petitioners, engaged in selling bio-products/bio-stimulants, sought a writ of mandamus to restrain the 2nd respondent from interfering with the sale and distribution of their products, which they claimed were not covered under the Insecticides Act, 1968 or included in Schedule VI of the Fertilizers Control (Order) Act, 1985. The respondents argued that the products, labeled as bio-products, were unregulated and that the Government of India had brought bio-stimulants under the ambit of the Order, 1985 via notification S.O.No.882 (E), dated 23.02.2021. The petitioners admitted their products were not in Schedule VI.

Findings of Court:
The court found that the petitioners could not claim the benefit of Clause 8(4) of the Order, 1985 as the time for provisional registration had expired. They could not deal with products not covered by Schedule VI until steps were taken for their inclusion. The prayer for an order similar to W.P.No.22670 of 2025 was rejected as that case concerned products already covered by Schedule VI.

Issues: The main issues were whether the respondent authorities could interfere with the sale of bio-products/bio-stimulants not included in Schedule VI of the Fertilizers Control Order, and whether the petitioners were entitled to relief similar to a previous case where products were already covered by Schedule VI.

Ratio Decidendi: The court reasoned that under Clause 20-C(7) of the Order, 1985, no person can manufacture or sell bio-stimulants unless they are notified in Schedule VI. Since the petitioners' products were not in Schedule VI, and the time for provisional registration had lapsed, they could not claim protection. The court left it open to the petitioners to seek inclusion of their products in Schedule VI or apply for authorization in Form A-1 for any products already covered.

Result: Writ petitions disposed of with no order as to costs. The petitioners were permitted to take appropriate steps for necessary permits as per law, either for inclusion of their products in Schedule VI or for making applications in Form A-1 for covered products. Pending miscellaneous applications closed.