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2026 DAILYLAW 6466 (CHH)

CHHATTISGARH PESTICIDES FORMULATOR ASSOCIATION v. STATE OF CHHATTISGARH

WPC/268/2026 · 2026-04-14

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:17295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 268 of 2026 1-Chhattisgarh Pesticides Formulator Association A, Society Registered Under The Societies Registration Act Bearing Registration No 122202157338, Having Its Registered Office At House No. 422, United Pesticides Raipur Pvt. Limited (Earlier Address United Agro Pest India Pvt. Ltd Mentioned In Registration Certificate) Banstal Amardeep Talkies Road, Raipur, District- Raipur (C.G.) Through Its Authorised Signatory Murari Lal Agrawal S/o Late Babu Lal Agrawal Aged About- 53 Years R/o Ward No. 08, Bajrangpara, Kohkha Sirsa Road, Supela, Bhilai District- Durg (C.G.) 2 - Lahana Crop Care A Partnership Firm Having Registered Office At- C-139 Sector 1, Devendra Nagar, Raipur District- Raipur (C.G.) Through Its Partner- Bhaskar H Nagpure S/o Haribahu Aged About 42 Years R/o C-303, The Parksyde, Near Shantisarowar Kachna Raipur District- Raipur (C.G.) 3 - Farmer Bio Crop Science A, Proprietorship Firm Having Its Office At- Village Khilora Old Dhamtari Road, Near Housing Board Tehsil- Abhanpur, District- Raipur (C.G.) Through Its Proprietor- Reeta Bopche Katre W/o Pomendra Katre R/o Flat No. 559,block- 35, Chhattisgarh Housing Board Colony Boriyakala, Mana, District- Raipur (C.G.) 4 - Sambhav Agro Industries A Partnership Firm Having Registered Office At- Village - Donde Khurd Gangotri Compound Baloda Bazaar Road Raipur District- Raipur (C.G.) Through Its Partner- Manoj Kumar Jain S/o Moolchand Baradia Aged About 50 Years R/o Hig- C-18, Near Hdfc Bank Shailendra Nagar Raipur District- Raipur (C.G.) 5 - Bharti Rasaynic Udyog A Proprietorship Firm, Having Its Office At- Plot- No.666, Sorid Bhat Jagdalpur, Road, Dhamtari District- Dhamtari (C.G.) Through Its Proprietor- Akhil Jaggi, S/o Late T.R. Jaggi Aged About 65 Years R/o Mahant Ghasi 2 Das Ward ,76 Maitri Vihar Colony Ward No 10, Dhamtari District- Dhamtari (C.G.) 6 - Atharva Agro Chemicals Pvt Limited Having Its Registered Office At Village- Ravelidih Post Nankathi District- Durg (C.G.) Through Its Director Murari Lal Agrawal S/o Late Babu Lal Agrawal Aged About 53 Years R/o Ward No 08. Bajrangpara Kohkha Sirsa Road Supela, Bhilai District- Durg (C.G.) 7 - Green Care Agrichem Industries A. Proprietorship Firm Having Its Office At- Behind Sheela Steel And Furniture Industrial Area Urla Raipur District- Raipur (C.G.) Through Its Proprietor Leena Devi W/o Shailendra Prasad Aged About 45 Years R/o House No E/21, New Purena Behind Mining Office Parshuram Nagar Amlidih Ravigram Raipur District- Raipur (C.G.) 8 - M/s Sujata Industrial Chemicals A Proprietorship Firm Having Its Office At- Plot No. 24-B Urla Industrial Area Birgaon Raipur District- Raippur (C.G.) Through Its Proprietor- Shailesh Golchha S/o Late Shri Pukhraj Golchha Aged About 58, R/o House No. 8/361, Near Government School, Daga Building Byron Bazar Raipur District- Raipur (C.G.) 9 - Daksham Seeds Private Limited Having Its Office At- In Front Of Durga Petrol Pump Gondwara Road Bhanpuri Raipur District- Raipur (C.G.) Through Its Authorised Director Tushar Kant Panigrahi S/o Rajendra Nath Panigrahi Aged About - 45 Years R/o Ghatpadmur Kudkanar Road Bhataguda Jagdalpur District- Bastar (C.G.) 10 - Ojas Agro Chemicals A Proprietorship Firm Having Its Office At- Plot No 131 Part Csidc Industrial Area Birkoni District- Mahasamund (C.G.) Through Its Proprietor- Usha Kiran Rai W/o Santosh Rai Aged About 46 Years R/o Flat No 403, E Diamond Aishwarya Empire Avanti Vihar Raipur District- Raipur (C.G.) 11 - Uninted Pesticides Raipur Private Limited Having Its Office At Banstal Amardeep Talkies Road, Raipur, District- Raipur (C.G.) Through Its Managing Director Shri Anil Pateria S/o Late D.P. Pateria Aged About 75 Years R/o House No. M-8 Anupam Nagar Shankar Nagar, Raipur District- Raipur (C.G.) 12 - United Enterprises A Proprietorship Firm Having Its Office At Khasra No. 236/1, Borjhara Guma Road, Dharsiwa-1, Urla District- Raipur (C.G.) Through Its Proprietor- Akash Dubey S/o Late Shri Anand Dubey Aged About 45 Years R/o Flat No. A 2/501, Vip Karishma Apartments Vip Estate Near Tv Tower Raipur District- Raipur (C.G.) 13 - Alok Agro Chemicals A Proprietorship Firm Having Its Office At High School Road Krishna Nagar Belghana Tehsil- Belghana District- Bilaspur (C.G.) Through Its Proprietor- Amit Kumar Gupta S/o Ashok Kumar Gupta Aged About 43 Years R/o Kargi Road Krishna Nagar Belghana District- Bilaspur (C.G.) 3 ... Petitioners versus 1 - State Of Chhattisgarh Through- Secretary Department Of Agriculture Mantralaya Mahanadi Bhawan Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Agriculture Indrawati Bhawan Nava Raipur Atal Nagar District- Raipur (C.G.) 3 - Union Of India Through- Secretary, Department Of Agriculture And Farmers Welfare, Ministry Of Agriculture And Farmers Welfare Government Of India Room No 131, Krishi Bhawan New Delhi 4 - Deputy Director Agriculture Durg Office- Collector Campus, District- Durg (C.G.) ... Respondents {Cause title, as taken from CIS} For Petitioners : Mr. Prasoon Agrawal, advocate. For Respondents No. 1, 2 & 4 For Respondent No. 3 : : Mr. Anand Dadariya, Dy. Advocate General Mr. Ramakant Mishra, Dy. Solicitor General of India. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 15/04/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking following reliefs :- 10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent State and the respondent No. -03 Department to permit the petitioners to sell, offer for sale, exhibit for sale, stock and distribute the products which are in their custody and which have been manufactured during the validity of the provisional registration (Form 63) till 16.06.2025 for the entire duration of shelf life of such biostimulants. 10.2 That, this Hon’ble Court may kindly be pleased to issue writ, order or direction to Respondents to direct State licensing authorities to not interfere in any manner with the manufacture, import, stocking, sale, offering or 4 exhibiting for sale of any biostimulant for which provisional registration was granted and was subsisting as on 16.06.2025. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.” 2. Learned counsel appearing for the petitioners submits that the petitioners were granted G-3 licence for manufacturing bio-stimulants vide Notification dated 23.02.2021 issued by the Central Government and the said licence was in force up to 16.06.2025, therefore, they manufactured various bio-stimulants till 16.06.2025, but after 16.06.2025, Central Government has not issued notification extending period of manufacturing of bio-stimulants, therefore, the petitioners have filed instant petition for permission to sell products already manufactured during the subsistence of the license. He further submits that since the registration of licence of petitioners for manufacturing bio-stimulants was effective till 16.06.2025, therefore, the petitioners have manufactured huge number of bio-stimulants worth of many lakhs of rupees, but because of not extending period of production of bio- stimulants, the products manufactured by them till 16.06.2025 has been stuck with them and the distributors, etc. It is next contended that if the petitioners are not permitted to sell already manufactured bio-stimulants, then they will suffer huge financial loss, therefore, learned counsel for the petitioners would submit that this petition may be disposed of directing the Central Government and the State Government to permit the petitioners to sell bio-stimulants, which have been manufactured by them prior to 16.06.2025. 3. Learned counsel appearing for respondent No. 3 / Union of India would submit that products manufactured by the petitioners i.e. bio-stimulants are 5 not under the Schedule product list. Though, earlier the petitioners were permitted to manufacture & sale bio-stimulants of non-schedule category, but the same was permitted to sell after due verification and issuing provisional licence. He further submitted that if the petitioners are permitted to sell the alleged bio-stimulants manufactured by them before 16.06.2025, they may be permitted to sell the same only after ascertaining whether the same were manufactured before 16.06.2025 / before the validity period of the provisional G- 3 license for manufacture of bio-stimulants, whichever is earlier. 4. Learned counsel for the State/ respondents No. 1, 2 & 4 would submit that the State Government is bound by the notification issued by the Central Government and if the Central Government will permit the petitioners to sell alleged bio-stimulants manufactured by them prior to 16.06.2025, then the State Government shall comply with the direction of the Central Government. 5. Heard learned counsel for the parties and perused the material available on record. 6. The difficulty faced by the petitioners is stated to be the sale of products which have already been manufactured during the validity of licence granted by the Central Government and in the absence of extension / renewal of licence by the Central Government. The petitioners are seeking direction to the respondents to permit them to sell the products already manufactured during the subsistence of the license. 7. Having regard to the submissions of learned counsel for both the parties that the products which are in their custody are stated to be manufactured during the validity of the licence and the labeling on the products would also specify the date of manufacture and further, it is also 6 stated that the products are stuck with them and with the distributors. Undisputedly, if the petitioners are not permitted to sell the products, which they manufactured during the validity of the licence granted by the Central Government, then they would suffer huge financial loss. Therefore, the respondents are directed to permit the petitioners to sell such of the products and if it is found that any of the product which is up for sale in the market and is beyond the period of licence i.e., it is not manufactured during the period of licence, then the petitioners shall be liable for appropriate action in accordance with law. 8. Accordingly, the writ petition is disposed of. 9. It is made clear that the benefit of this order shall be available only to the petitioners of instant petition i.e. this order shall not be treated as judgment in realm. 10. Pending interlocutory application (s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.04.16 17:34:57 +0530