Karnataka High Court
Shri Suresh S/O Channabasappa Yatnalli vs The State Of Karnataka on 10 November, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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WP No. 101997 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 101997 OF 2022 (GM-RES)
BETWEEN:
1. SHRI. SURESH S/O. CHANNABASAPPA YATNALLI,
AGE : 59 YEARS, OCC: AGRICULTURE,,
R/O: KADAMANAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
2. SHRI.YALLANGOUDA S/O. MAHADEVGOUDA PATIL
AGE : 70 YEARS, OCC: AGRICULTURE,,
R/O: KADAMANAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
3. SHRI.CHANDRASHEKAR
S/O. SHIVALINGAPPA MAREPPANAVAR
AGE :73 YEARS, OCC: AGRICULTUR,
R/O: KADAMANAHALLITQ:BYADGI,
DIST:HAVERI - 581106
4. SHRI.GUNDAPPA S/O.. TIRAKAPPA DAMBAL,
AGE: 55 YEARS, OCC: AGRICULTURE,,
R/O: KADAMANAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106
5. SHRI.CHITRAPPA @ CHITRASHEKAR @ CHANDRAPPA
S/O..SHIVALINGAPPA MAREPPANAVAR
AGE: 71 YEARS, OCC: AGRICULTURE,
R/O: KADAMANAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
6. SHRI.BASAVRAJ S/O. SHIVAMURTYAPPA GANIGER,
AGE : 42 YEARS, OCC: AGRICULTURE,,
R/O: KADAMANAHALLITQ:BYADGI,
DIST:HAVERI - 581106.
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WP No. 101997 of 2022
7. SHRI.LAXMAN S/O.. NAGAPPA HOSAMANI,
AGE : 62 YEARS, OCC: AGRICULTURE,,
R/O: KADAMANAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
8. SHRI.JAMBUNATH S/O. GUNDAPPA HANCHINMANI,
AGE : 61 YEARS, OCC: AGRICULTURE,,
R/O: KADAMANAHALLI, TAL.:BYADGI,
DIST:HAVERI - 581106.
9. SHRI. SHIVRAJ S/O. MALAKAPPA ANVERI
AGE : 25 YEARS, OCC: AGRICULTURE,,
R/O: KADAMANAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
10. SHRI.SANNAFAKKIRAPPA S/O. GUDDAPPA BATTALKATTI
AGE : 55 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
11. SHRI.RAJSHEKAR S/O. FAKKIRAPPA BATTALKATTI,
AGE : 30 YEARS, OCC: AGRICULTURE,,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
12. SHRI.GUDDAPPA S/O. DODDAFAKKIRAPPA BATTALKATTI
AGE : 30 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
13. SMT.JAYAMMA W/O.. RAVINDRA PAWAR,
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
14. SHRI.BASAVRAJ S/O. MALLAPPA BYADGI
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
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WP No. 101997 of 2022
15. SHRI.MALLIKARJUN S/O. SIDDAPPA GUDAGUR
AGE : 54 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
16. SHRI.BASAVRAJ S/O. NINGAPPA GUDDANNAVAR
AGE : 42 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
17. SHRI.DEVENDRAPPA S/O. SIDDAPPA GUDAGUR
AGE : 60 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
18. SHRI.GURUSHANTAPPA S/O. SIDAPPA GUDAGUR
AGE : 70 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
19. SHRI.CHANNAPPA S/O. SIDDAPPA GUDAGUR
AGE : 65 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
20. SHRI.SEDEYAPPA S/O. TIRKAPPA DULIKOPPA
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
21. SHRI.NINGAPPA S/O. MALLARAPPA BANDARI
AGE : 60 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
22. SHRI.GUDDAPPA S/O. MALLARAPPA BANDARI
AGE : 55 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
23. SHRI.MARTHANDAPPA S/O. MALLARAPPA BANDARI
AGE : 50 YEARS, OCC: AGRICULTURE,
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WP No. 101997 of 2022
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
24. SHRI.NINGAPPA S/O. CHIKKAPPA HOMBARADI
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
25. SHRI.NINGAPPA S/O. BARMAPPA KENCHAMALLAR
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
26. SHRI.NINGAPPA S/O. KISHNAPPA HALAVAGAL
AGE : 37 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
27. SHRI.BASAVRAJ S/O. BHIMAPPA KURACHAMMANAVAR
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
28. SHRI.IRAPPA S/O. SHIVAPPA NIRALGI
AGE : 42 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
29. SHRI.DHIRENDRA NAIKAR
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
30. SHRI.MALTESH S/O. NINGAPPA DAMANNAVAR
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
31. SHRI.KARIYALLAPPA S/O. TIRKAPPA BANDARI
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
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WP No. 101997 of 2022
32. SHRI.FAKKIRAPPA S/O. NINGAPPA GORAVAR
AGE : 70 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
33. SHRI.GUDDAPPA S/O. CHIKKAPPA HOMBARADI
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
34. SHRI.SANNAFAKKIRAPPA BANDARI
AGE : 42 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
35. SHRI.NAGAPPA S/O. GUDDAPPA ANGADI
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
36. SHRI.SHAMBHULINGA S/O. SHIVAPPA ANVERI
AGE : 45 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
37. SHRI.JYOTHIBA S/O. SHIVAJAPPA DUMMAL
AGE : 54 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
38. SHRI.SHANMUKAPPA S/O. RUDRAPPA YATNALLI
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
39. SHRI.SOMASHEKAR S/O. RUDRAPPA YATNALLI
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
40. SHRI.NAGAPPA HAVANUR
AGE: 60 YEARS, OCC: AGRICULTURE,
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WP No. 101997 of 2022
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI- 581106.
41. SHRI.BASAVRAJ S/O. VIRUPAKSHAYYA HIREMATH
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: MOTEBENNUR, TQ:BYADGI,
DIST:HAVERI - 581106.
42. SHRI.BASAVRAJ S/O. MALAKAPPA KALLIHAL
AGE : 60 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
43. SHRI.VIJAYAKUMAR S/O. BASAVRAJ KALLIHAL
AGE : 32 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
44. SMT.JAYAMMA W/O. GUNDAPPA KALLIHAL
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
45. SMT.MAMATHA W/O. SHANKRAPPA KALLIHAL
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
46. SMT.SHAKUNTALA W/O. SHANKRAPPA KALLIHAL
AGE : 55 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
47. SHRI.SHIVRAJ S/O. KARIBASAPPA SHIREMMANAVAR
AGE : 27 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
48. SHRI.BASAVRAJ
S/O. HANUMANTAPPA HONNAPPANAVAR
AGE : 61 YEARS, OCC: AGRICULTURE,
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WP No. 101997 of 2022
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
49. SHRI.KARABASAPPA
S/O. VEERAPPA SHIREMMANAVAR
AGE : 53 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
50. SHRI.KIRANKUMAR S/O. BASAVRAJ VARUR
AGE : 29 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
51. SHRI.MALAKAPPA S/O. GUNDAPPA ANVERI
AGE : 63 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
52. SHRI.CHANNABASAPPA S/O. SHANKRAPPA ANVERI
AGE : 50 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI,TQ:BYADGI,
DIST:HAVERI - 581106.
53. SHRI.SHEKAPPA S/O. BASAPPA ANVERI
AGE : 66 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI,TQ:BYADGI,
DIST:HAVERI - 581106.
54. SHRI.NAGAPPA S/O. SHIVAPPA HUNASHIKATTI
AGE : 56 YEARS, OCC: AGRICULTURE,
R/O: GUNDENHALLI,TQ:BYADGI,
DIST:HAVERI - 581106.
55. SHRI.RAJASHEKAR S/O. SHIVAPPA HUNASHIKATTI
AGE : 41 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
56. SHRI.SHIVRUDRAPPA
S/O. BOMMAPPA HUNASHIKATTI
AGE : 50 YEARS, OCC: AGRICULTURE,
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WP No. 101997 of 2022
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
57. SHRI.MAHARUDRAPPA S/O. BOMMAPPA HUNASHIKATTI
AGE : 46 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
58. SMT.LAXMI W/O. CHANDRAPPA YATNALLI
AGE : 33 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
59. SHRI.BASAVRAJ S/O. MAHADEVAPPA YATNALLI
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
60. SHRI.SHADAKSHARAGOUDA @ MAHANTESHGOUDA
S/O. GUDDANGOUDA PATIL,
AGE : 45 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
61. SMT.PARWATEVVA W/O. PUTTAPPA DASANNAVAR
AGE : 45 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
62. SHRI.SHANKRAPPA
S/O. PANCHAPPA SHIRIYAMMANAVAR
AGE : 62 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
63. SMT.JYOTI W/O. SHIVRAJ BANAKAR
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
64. SHRI.KARABASAPPA S/O. NINGAPPA BANAKAR
AGE : 41 YEARS, OCC: AGRICULTURE,
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WP No. 101997 of 2022
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
65. SHRI.SHIVAYOGI S/O. NINGANGOUDA PATIL
AGE : 54 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
66. SHRI.PRAVEEN S/O. SURESH DESHAGATTI
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
67. SHRI.JAGADISH S/O. VEERAPPA YATNALLI
AGE : 53 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
68. SHRI.MALLIKARJUN S/O. MAHADEVAPPA SHIGGAVI
AGE : 48 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
69. SHRI.BAMMALINGAPPA S/O. HALAPPA DESHAGATTI
AGE : 49 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI- 581106.
70. SHRI.HALAPPA S/O. BAMMANINGAPPA DESHAGATTI
AGE : 75 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
71. SHRI.KANTESH S/O. ISHWARAPPA DESHAGATTI
AGE : 32 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
72. SHRI.YALLAPPA S/O. BASAPPA SHIRIYAMMANAVAR
AGE : 74 YEARS, OCC: AGRICULTURE,
R/O: GUNDENAHALLI, TQ:BYADGI,
DIST:HAVERI - 581106.
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WP No. 101997 of 2022
73. SHRI.CHANDRAPPA S/O. HANUMAPPA HAVERI
AGE : 61 YEARS, OCC: AGRICULTURE,
R/O: ARABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
74. SMT.SUSHILAMMANAIKAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O: ARABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
75. SHRI.CHANNABASAPPA S/O. BASAPPA GODDEMMI
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: ARABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
76. SMT.SHITAVVA W/O. HONNAPPA KATENAHALLI
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: A RABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
77. SHRI.VEERENDRA S/O. BASAVARAJ NAIKAR
AGE : 52 YEARS, OCC: AGRICULTURE,
R/O: ARABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
78. SHRI.SANGAPPA S/O. SHEKANNA KALLIHAL
AGE : 54 YEARS, OCC: AGRICULTURE,
R/O: ARABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
79. SHRI.RAMAPPA S/O. BASAVANNAPPA CHANNAGIRI
AGE : 66 YEARS, OCC: AGRICULTURE,
R/O: ARABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
80. SHRI.BASAVRAJ S/O. MAHADEVAPPA ANVERI
AGE : 40 YEARS, OCC: AGRICULTURE,
R/O: ARABAGONDA, TQ:BYADGI,
DIST:HAVERI - 581106.
...PETITIONERS
(BY SRI SHIVARAJ S.BALLOLI, ADVOCATE)
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WP No. 101997 of 2022
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS AND LEGAL METROLOGY,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU - 560 001.
2. THE COMMISSIONER OF AGRICULTURE,,
COMMISSIONERATE OF AGRICULTURE,,
NO.1, SHESHADRI ROAD, NEAR KR CIRCLE,
BENGALURU - 560 009
3. THE DEPUTY COMMISSIONER,
HAVERI, DISTRICT ADMINISTRATIVE BUILDING,
HAVERI - 581 110
4. THE JOINT DIRECTOR OF AGRICULTURE,,
HAVERI, PB ROAD, HAVERI - 581 110
5. THE ASSISTANT DIRECTOR OF AGRICULTURE,,
BYADAGI, TQ: BYADAGI,
DIST.: HAVERI - 581 106
6. THE TAHSILDAR,
BYADAGI, TQ.BYADAGI,
DIST.: HAVERI - 581 106
...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR RESPONDENT
NOS.1 TO 6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER
DATED 25/05/2022 PASSED BY RESPONDENT NO.2 VIDE
ANNEXURE-A AND ISSUE A WRIT OF MANDAMUS DIRECTING
THE RESPONDENT NO.2 TO PERMIT THE PETITIONERS TO SELL
THE RAGI CROPS GROWN BY THEM AS PER THE
RECOMMENDATION MADE BY THE 3RD RESPONDENT VIDE
LETTER DATED 24/05/2022 VIDE ANNEXURE-D.
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WP No. 101997 of 2022
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are farmers who have raised the Ragi crop in their lands.
2. The Union of India under its M.S.P. scheme fixed a sum of Rs.3,377/- per quintal as the minimum support price for Ragi crop.
3. Pursuant to the said decision, the State Government also issued orders on 14.12.2021, by which, the State decided to procure 2.10 lakh metric tons of Ragi and 1.14 lakh metric tons of Ragi at the minimum support price fixed by the Union of India.
4. The petitioners contend that they approached the authorities for selling of their Ragi crop at which point of time an objection was raised that raising of the crops had not been uploaded on the application prepared by the State.
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WP No. 101997 of 2022
5. The petitioners contend that on the objections raised by them, the Deputy Commissioner directed a joint survey to be conducted and accordingly, a joint survey was conducted in which the Ragi crop raised in the lands of the petitioners was acknowledged. A copy of the said report is also produced as Annexure-C to the writ petition.
6. Pursuant to the joint survey, the Deputy Commissioner recommended to the Commissioner of Agriculture that the Ragi crop raised by the petitioners be accepted. In the recommendation, which is produced as Annexure-D, it has been stated that a joint survey was conducted and it was found that the Ragi had been raised over an area of 84.51 hectare and the details of the farmers who had raised the Ragi crops had also been stated.
7. The Deputy Commissioner, ultimately, requested the Commissioner of Agriculture to include the details of the Ragi crops raised by the petitioners in the application. However, the Agriculture Commissioner has
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WP No. 101997 of 2022 issued an endorsement dated 25.5.2022 stating that the details of the crops had not been uploaded into the application before the prescribed period and therefore, no cognizance could be taken of the survey. He has ultimately stated that since the details had not been uploaded within the prescribed time, despite due publicity being given, it would not be possible to incorporate the details in the application.
8. The petitioners are aggrieved by the said endorsement and therefore, they are before this Court challenging the endorsement dated 25.05.2022 (Annexure-A). The petitioners are also seeking for a direction to the respondents to purchase the Ragi crops grown by them as per the recommendation made by the Deputy Commissioner and pay them the minimum support price (hereinafter referred as 'MSP' for brevity) prescribed by the Union Government.
9. Shri Shivaraj Balloli, learned counsel for the petitioners contends that the basic premise of the
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WP No. 101997 of 2022 Minimum Support Price Scheme is that any farmer who has grown the crop, for which an MSP is prescribed, would have the right to offer the crop to the State Government or its nominated agency and the State Government or the nominated agency would have to necessarily purchase the said crop at the MSP. He submitted that the scheme was basically envisaged to ensure that farmers gets a fair and remunerative price, even if the market price of the product had collapsed due to a bumper harvest. It is his basic contention that once an MSP is fixed, the Government agencies are bound to purchase the crops when it is offered to them and they cannot refuse the purchase on technical grounds such as crop details not being uploaded to the Web-Portal set up by the Department.
10. Learned Additional Government Advocate on the other hand, contended that the State Government had adopted an application called FRUITS and as per the decision of the Government, every payment would have to be necessarily made only through FRUITS and the
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WP No. 101997 of 2022 payment was essentially a direct benefit transfer. He submitted that the registration of a farmer in the application was compulsory and the farmer had to necessarily furnish details such as Adhar Card, Bank Account details and other prescribed details so as to facilitate the payment of the price and to facilitate the availment of a benefit.
11. As rightly contended by learned counsel for the petitioners, the very concept of a MSP is to ensure that the farmer gets an assured sum of money for the crop that he has raised, irrespective of the price prevailing in the open market. This entire scheme is basically designed to ensure that the farmer gets a fair and remunerative price for the crop that he has raised.
12. It is no doubt true that in order to effectively implement the scheme, the State may adopt such procedures as it deems proper and effective. However, the State Government cannot deny the benefit of an MSP on
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WP No. 101997 of 2022 the ground that the farmer had not got himself registered in an application prepared by it.
13. It is to be stated here that the primary legal obligation of the State is to purchase the crop in respect of which a MSP is prescribed (subject of course to the quantity that the State has decided to purchase). Merely because, the State has adopted an application which mandates the registration of a farmer for the payment of the MSP, the mere non registration in such an application cannot disentitle the farmer from receiving the benefits of the scheme.
14. It may be pertinent to state here that there is no bar created by either the State Government or by the Union Government under the MSP scheme which mandates that a farmer will have to get himself registered in a particular application to avail the benefit of MSP. In other words, it has nowhere been prescribed that unless the farmer has got himself registered under a particular
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WP No. 101997 of 2022 application, he would be disentitled to claim the benefit of MSP.
15. It is to be noticed here that the State Government is dealing with the farmers who are not technologically well- versed. Assuming that all facilities have been created for the registration in an application, it will still have to be borne in mind that not all farmers would be in a position to get themselves registered in an application prepared by the State.
16. In the instant case, when the dispute as to whether the petitioners had raised the Ragi crops arose, a survey has been conducted in which it has been found the petitioners have indeed raised a Ragi crops. The Deputy Commissioner has also recommended that the petitioners be given the benefit of MSP since there was proof of the fact that they have raised the Ragi crops. In this view of the matter, the decision of the Agriculture Commissioner to refuse the incorporation of the crops details in the
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WP No. 101997 of 2022 application and thereby deny the benefit of MSP to the petitioners cannot be sustained.
17. The respondents are therefore directed to permit the petitioners to avail the benefit of MSP for the Ragi crops that they have raised and the procuring agencies are hereby directed to accept the Ragi crops raised by the petitioners and as recommended by the Deputy Commissioner vide Annexure-D and pay the petitioners the prescribed MSP for their Ragi crop.
18. The writ petition is accordingly allowed.
SD JUDGE CKK/AM