2026 Supreme(Online)(Chh) 4856
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
DR. SACHIN ASHOK KALE – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WA/116/2026
2026:CGHC:8757-DB ROHIT NAFR KUMAR CHANDRA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by ROHIT KUMAR CHANDRA WA No. 116 of 2026 Dr. Sachin Ashok Kale S/o (Late) Shri Ashok Kale Aged About 46 Years R/o Kale Wada Tilak Nagar, Main Road Police Station Civil Lines, Bilaspur (C.G.) 495001 Mob-9425530260 (In Person)
... Appellant versus
1 - State of Chhattisgarh Through Chief Secretary Govt. of Chhattisgarh, Mantralaya Naya Raipur (C.G.)
2 - Sate of Chhattisgarh Through Secretary Law And Legislation Dept.
Govt. of Chhattisgarh, Mantralay, Naya Raipur (C.G.)
3 - State of Chhattisgarh Through Secretary, Commercial Tax (Excise), Govt. of Chhattisgarh, Mantralay, Naya Raipur (C.G.)
4 - State of Chhattisgarh Through Secretary Agriculture Dept. Govt. of Chhattisgarh, Mantralay, Naya Raipur (C.G.)
5 - State of Chhattisgarh Through Chief Secretary, Forest And Climate Change Dept. Govt. of Chhattisgarh, Mantralay Naya Raipur (C.G.)
6 - State of Chhattisgarh Through Secretary, Finance Dept. Govt. of Chhattisgarh, Mantralay, Naya Raipur (C.G.)
7 - State of Chhattisgarh Through Secretary Agriculture Dept. Govt. of Chhattisgarh. Mantralay, Naya Raipur (C.G.)
8 - State of Chhattisgarh Through Secretary, Bio Diversity Board Govt.
of Chhattisgarh, Mantralay, Naya Raipur (C.G.)
... Respondents Appellant in person : Dr. Sachin Ashok Kale For Respondents/ State : Mr. Shashank Thakur, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice
19 .0 2 .202 6
1. Heard Dr. Sachin Ashok Kale, appellant in person as well as Mr.Shashank Thakur, learned Additional Advocate General, appearing for the State/respondents.
2. By way of present writ appeal under Section 2 of Sub-Section (1)
of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006, the appellant – in person has challenged the order dated 12.09.2025 passed by learned Single Judge in WPC No.4812 of 2025 by which the writ petition filed by the writ petitioner/ appellant herein has been dismissed by the learned Single Judge.
3. Brief facts, necessary for disposal of this appeal, are that the writ petitioner / appellant in person herein has filed a writ petition before this Court being WPC No. 4812/2025, seeking direction to respondents to decide the representation submitted by him in the Office of respondents on 22.02.2024 in which he is requesting the respondents to allow / permitting him to cultivate and develop an eco-system of industrial hemp / cannabis in the State as per guidelines laid in NDPS Act, 1985 & Constitution of India. The said writ petition was dismissed by the learned Single Judge vide impugned order dated 12.09.2025. Hence, this appeal.
4. Dr. Sachin Ashok Kale, appellant in person submits that the learned Single Judge erred in dismissing WPC No. 4812/2025 without appreciating that the writ petition sought only a limited relief, namely, a direction to the respondents to consider and decide the appellant’s representation dated 22.02.2024. The appellant did not seek automatic grant of permission for cultivation of industrial hemp, but merely a time-bound consideration of his proposal in accordance with law. The representation was submitted under the statutory framework of the NDPS Act, 1985, which empowers the State Government to regulate and permit cultivation of cannabis for industrial and scientific purposes. In the absence of any communicated decision on the representation, the inaction of the respondents is arbitrary and contrary to settled principles of administrative law. It is further submitted that the appellant’s proposal relates to lawful industrial activity protected under Article 19(1)(g) of the Constitution of India, subject to reasonable restrictions, and that the authorities are at least duty- bound to examine the request in accordance with statutory provisions and applicable policy. The learned Single Judge, instead of directing consideration of the pending repr