P&H High Court Raises Questions On Agricultural Dept's Statutory Authority To Ban Hybrid Paddy Seeds In Punjab

In a significant development, the Punjab and Haryana High Court has questioned the statutory authority behind the Punjab Government's recent decision to ban the sale of hybrid paddy seeds in the state.Justice Kuldeep Tiwari asked the Punjab Government to inform court the statutory force behind passing the impugned order which has banned sale of hybrid paddy seeds in Punjab on April 07.Further, the Court asked the Director of Department of Agriculture and Farmers' Welfare to file a specific affidavit, "as to whether, he/she has any authority/subject jurisdiction to pass such order."In case the answer to the above query is in negative, then the reasons shall also be specified for passing such order, that too when the sowing season for the Kharif 2025 has been preponed to June 1, for which the nurseries are required to be prepared on May 1, it added.The Court made it clear that in the absence of compliance of direction, the Director shall cause his/her personal appearance before this court on the next date of hearing, i.e .May 02.Several business owners in the agriculture field have moved the High Court seeking quashing of the order passed by Punjab's Agriculture department to order to ban on sale of hybrid paddy seeds in the state violating the fundamental right to carry trade contained in Article 19 (1)(g) of the Constitution.An application was filed in the main case seeking interim directions to allow the sale of notified seeds (as notified under Section 5 of the Seeds Act, 1966), in view of the notification vide which the date of plantation of Paddy has been pre-poned on April 23.Senior advocate Gurminder Singh appearing for the petitioners highlighted that the paddy before transplantation is prepared in nurseries which takes a time of one month in getting mature for transplantation. Thus, if the date of transplantation is 1st June, that would entail sowing of nursery from 1st of May i.e. one month prior to notified date of transplantation.It was submitted that the notification of preponement of plantation is severely affecting the petitioners as the advance orders placed with the Seed Companies would be squandered as due to the preponement of date of plantation of paddy, the farmers in view of the prohibition will purchase the non-hybrid Seeds and thus dealers would be left to bear heavy financial burden of waste investments made in the advance orders of Hybrid Seeds.The plea stated that the de-notification of the Hybrid Varities can only be made by the Central Government in recommendation with Central Seeds Committee and the entire action of the Punjab Government reeks of arbitrariness and illegality as the same prevails upon the domain of the Central Government. The State Government is not empowered to prohibit sale of Hybrid Varieties and thus the petitioner are seeking the interim intervention of the court in order to let the notified varieties be sold during the peak season, it added.Stating that "no request for an adjournment shall be entertained on the next date of hearing, on behalf of either of the parties," the Court listed the matterfor May 02, for further consideration.Mr. Gurminder Singh, Senior Advocate with Mr. Harish Mehla, Advocate & Mr. Yashshvi A. Kumar, Advocate for the appellant-petitioners.Title: M/S NEW KISSAN AGRO AGENCY & ORS V/S STATE OF PUNJABClick here to read/download the order

P&H High Court Raises Questions On Agricultural Dept's Statutory Authority To Ban Hybrid Paddy Seeds In Punjab

Aiman J. Chishti

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