In an important move, the Punjab and Haryana High Court has questioned the legal power behind the Punjab Government’s decision to ban the sale of hybrid paddy seeds across the state.
Justice Kuldeep Tiwari asked the state government to clarify the statutory authority that allowed them to pass the ban order dated April 7. The Court directed the Director of the Department of Agriculture and Farmers' Welfare to submit a specific affidavit explaining, "whether he or she had the authority or jurisdiction to pass such an order."
The Court further ordered that if there is no authority, the Director must also explain why such an order was passed, especially when the sowing season for Kharif 2025 has been advanced to June 1. The preparation of nurseries, which requires a month, should ideally start by May 1.
The Court warned that if the department fails to comply with the direction, the Director must appear personally in the next hearing scheduled for May 2.
Several agricultural business owners approached the Court, challenging the order on the grounds that it violates their fundamental right to trade under Article 19(1)(g) of the Constitution. An application was filed seeking interim relief, allowing the sale of seeds notified under Section 5 of the Seeds Act, 1966.
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Senior Advocate Gurminder Singh, representing the petitioners, emphasized that, "nurseries require one month to mature before transplantation." He argued that the sudden preponement of the plantation date is causing severe financial harm to dealers, who had already placed advance orders for hybrid seeds. If farmers are forced to switch to non-hybrid seeds, these investments would go waste.
The petitioners pointed out that only the Central Government, upon recommendation by the Central Seeds Committee, has the authority to de-notify hybrid varieties. They claimed the Punjab Government’s actions were arbitrary and illegal.
"The State Government is not empowered to prohibit the sale of Hybrid Varieties," the petitioners stressed, requesting the Court to allow the sale of notified hybrid seeds during the critical planting season.
Finally, the Court made it clear, "No request for adjournment shall be entertained on the next date of hearing by either party," setting May 2 as the next date for further proceedings.
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 PUNJAB
