M/S SHANKAR KRISHI KENDRA v. STATE OF CHHATTISGARH
WPC/6368/2024 · 2025-01-13
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45697 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45697 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:1889
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6368 of 2024 1 - M/s Shankar Krishi Kendra Randhana, Block Makdi District - Kondagaon (C.G.) Through The Proprietor Ramapati Pathak S/o Durga Pathak Age About 50 Years, Residence Of House No. 152, Vikas Nagar Kondagaon District - Kondagaon (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Agriculture Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director, Directorate Of Agricultrue Chhattisgarh, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - The Additional Director Directorate Of Agriculture Chhattisgarh, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 4 - The Deputy Director Agriculture, District - Kondagaon (C.G.) 5 - The Collector, District - Kondagaon (C.G.) 6 - M/s Vigour Biotech Private Limited Through Its Director 3rd Floor 308, Apollo Premier Plot No. 1, Indore (M.P.) 452010 ... Respondents (Cause title is taken from Case Information System)
2 / 3 For Petitioner : Mr. Goutam Khetrapal, Advocate For Respondents/State : Mr. Anmol Sharma, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 13/01/2025
1. By the present writ petition, the petitioner is questioning the order dated 03/12/2024 (Annexure P/2) passed by respondent No.2/ Deputy Director Agriculture, District Kondagaon whereby the Seed Licence has been cancelled by exercising the power under Section 15 of the Seeds (Control) Order, 1983.
2.
Learned Counsel appearing for the petitioner submits that the impugned order has been passed by the respondent No.2 without having any authority of law.
3.
Learned counsel appearing for the respondents/State submits that there is a provision to appeal before the State Government under Section 16 of the Seeds (Control) Order, 1983 against the cancellation of licence, therefore, the writ petition itself is not maintainable.
4. I have heard learned counsel for the parties and perused the documents.
5. Looking to the fact that there is a provision to appeal before the State Government, this writ petition is disposed of with a liberty to the petitioner to approach the concerned authority by filing an appeal under Section 16 of the Seeds (Control) Order, 1983. In
3 / 3 case of filing of such appeal, the respondents/competent authority is directed to consider and decide the same expeditiously in accordance with the relevant rules and law applicable to the case of the petitioner. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar