Jammu & Kashmir High Court
M/S Bishnah Agriculture Cooperative … vs Ut Of J&K & Ors on 5 May, 2026
Sr. No. 118
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1252/2026
CM No. 2743/2026
M/s Bishnah Agriculture Cooperative Marketing .....Petitioner(s)
Ltd & Anr
Through: Mr. Amit Gupta, Sr. Advocate with
Mr. Sumit Moza, Advocate
Vs
UT of J&K & Ors ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
05.05.2026
1. Issue notice to the respondents in the main as well in the interim
application, returnable by the next date of hearing, subject to taking of
steps for service within a week’s period for filing reply/objections.
2. Heard learned counsel for the applicants/petitioners in respect of his prayer
for grant of interim relief.
3. The learned counsel submitted that the applicant/petitioner is the proprietor
of the Agriculture Cooperative Marketing Society limited duly registered
with Agriculture Department under Registration No. JDAE/Ferti./Fresh/
2021-22/09, Date of issue-15.05.2021 and the Date of validity-14.05.2026.
That as per the Certificate of Registration, the applicant/petitioner has to
carry on business of selling fertilizers as a wholesale dealer in Jammu
Division of J&K (UT). That the location of his sale depot and godowns
attached with the said sale depot are located in the areas, as mentioned in
the Certificate of Registration dated 15.05.2021. That now the non-
2 WP(C) No. 1252/2026
applicants/respondents 2 to 4 by misusing and misinterpreting the
Government Order No. 402-JK(APD) of 2025 dated 02.09.2025, have been
unnecessarily restraining the applicant/petitioner as proprietor of the
registered society from selling the fertilizers outside the District of Jammu,
which is not the scope of the aforesaid Government order. The learned
counsel submitted that as per the Rules 3(f) and 3(g) of the aforesaid
Circular dated 02.09.2025, the wholesale licenses for selling of fertilizers
need to be issued/renewed only after describing the areas of jurisdiction of
a particular district only and no such licenses shall have the area of
operation for more than one district. That the said provision also reads that
the retailer in a particular district shall also be defined the area of operation
and dealing with the wholesale leader of the concerned district only.
4. It is further submitted by the learned counsel for the applicant/petitioner
that without prejudice to his contention of illegality of the aforesaid
Government Circular dated 02.09.2025 to the extent of restricting the
operation of the sale within the specified district area as being violative of
the constitutional rights guaranteed under Articles 14, 19 and 21, the
certificate of registration stands issued in favour of the applicant/petitioner
much prior to the issuance of said Government Circular as on 15.05.2021
with validity till 14.05.2026.
5. The learned counsel submitted that this Court has already in similar
circumstances stayed the operation of the aforesaid Government Order to
the extent of restriction of the operation within specified district. The
learned counsel further submitted that the location of the sale depot of the
3 WP(C) No. 1252/2026
petitioner/society and also the location of the godowns are as per the
Certificate of Registration.
6. Perused the interim application supported with an affidavit. Also perused
the main petition and the copies of the documents enclosed with the same
as Annexures thereto.
7. List on 05.06.2026 and in the meantime, subject to any
vacation/modification upon the consideration of the objections/arguments
of the other side and till next date of hearing before the Bench, the non-
applicants/respondents are restrained to restrain the applicant/petitioner
from operating business of the sale of fertilizers within the area of Jammu
Division as per the Certificate of Registration.
(Mohd. Yousuf Wani)
Judge
Jammu
05.05.2026
Vijay
Vijay Kumar
2025.11.05 04:14
I attest to the accuracy and
integrity of this document
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