Karnataka High Court
Yallappa Gudennavar vs Union Of India on 2 May, 2023
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF MAY, 2023
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No. 106653/2016 (GM-RES) C/W
W.P.No. 106654/2016 (GM-RES),
W.P.No. 106655/2016 (GM-RES),
W.P.No. 106656/2016 (GM-RES),
W.P.No. 106657/2016 (GM-RES),
W.P.No. 106658/2016 (GM-RES),
W.P.No. 106659/2016 (GM-RES),
W.P.No. 106660/2016 (GM-RES),
W.P.No. 106661/2016 (GM-RES),
W.P.No. 106662/2016 (GM-RES),
W.P.No. 106663/2016 (GM-RES),
W.P.No. 106664/2016 (GM-RES),
W.P.No. 106665/2016 (GM-RES),
W.P.No. 106666/2016 (GM-RES),
W.P.No. 106667/2016 (GM-RES),
W.P.No. 106668/2016 (GM-RES),
W.P.No. 106669/2016 (GM-RES),
W.P.No. 106670/2016 (GM-RES),
W.P.No. 106671/2016 (GM-RES),
W.P.No. 106672/2016 (GM-RES),
W.P.No. 106673/2016 (GM-RES),
W.P.No. 106674/2016 (GM-RES),
W.P.No. 106675/2016 (GM-RES),
W.P.No. 106676/2016 (GM-RES),
W.P.No. 106677/2016 (GM-RES),
W.P.No. 106678/2016 (GM-RES),
W.P.No. 106679/2016 (GM-RES),
W.P.No. 106680/2016 (GM-RES).
2
IN.W.P.No.106653/2016:
BETWEEN:
MAHIMACHARAN PATIL,
AGE:77 YEARS,
OCC:AGRICULTURE,
R/O JITTURI PLOTS,
MANJUNATHNAGAR, HUBBALI,
REPRESENTED BY GPA HOLDER
RAJSHEKHAR MATTIHALLI
AGED ABOUT 35 YEARS,
OCC:AGRICULTURE,
R/AT MATTIHALLI ONI,
SULLA VILLAGE, PIN-580 023.
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND SMT.NAMRATHA
KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
3
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR..
4. SYNDICATE BANK,
SULLA-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. SURESH.S.GUNDI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERM SHEET NOTIFIED BY THE RESPONDENT
No.2 STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE,
AND BEARING No. AGRICULTURE DEPARTMENT/38/
AGRICULTURAL PRODUCTION DEPARTMENT/2014 (KRU
Ee/38/Kru Uu Ee/2014) INSOFAR AS SHIRGUPPI HOBLI FOR
KHARIF CROPS NAMELY CHILLI-RF, ONION-RF, COTTON-RF
AND DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106654/2016:
BETWEEN:
SAKRAPPA KAMMAR,
S/O BASAVANTAPPA,
AGED ABOUT 61 YEARS,
OCC:AGRICULTURE,
R/AT No.066, NEAR BUS STAND,
KUSUGAL VILLAGE, PIN-580 023
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
4
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI.SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERM SHEET NOTIFIED BY THE RESPONDENT
No.2 STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE,
AND BEARING No. AGRICULTURE DEPARTMENT/38/
5
AGRICULTURAL PRODUCTION DEPARTMENT/2014 INSOFAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY CHILLI-
RF, ONION-RF AND DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106655/2016:
BETWEEN:
IRAPPA CHANNOJI,
S/O MADEVAPPA,
AGED ABOUT 34 YEARS,
OCC:AGRICULTURE,
R/AT No.107, DYAMAVVANA GUDI ONI,
KUSUGAL VILLAGE, PIN-580 023.
HUBBALI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
6
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI.ARUN JOSHI, ADVOCATE FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERM SHEET NOTIFIED BY THE RESPONDENT
No.2 STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE,
AND BEARING No.AGRICULTURE DEPARTMENT/38/
AGRICULTURAL PRODUCTION DEPARTMENT/2014 INSOFAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
CHILLI-RF, ONION-RF AND DATED:15.04.2014 AS
ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106656/2016:
BETWEEN:
FAKKIRAPPA SHIVALLI,
S/O SHIVAPPA,
AGED ABOUT 51 YEARS,
OCC:AGRICULTURA,
R/AT No.103, DEVI TEMPLE STREET,
KUSUGAL VILLAGE, PIN-580 023
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
7
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERM SHEET NOTIFIED BY THE RESPONDENT
No.2 STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE,
AND BEARING No.AGRICULTURE DEPARTMENT/38/
8
AGRICULTURAL PRODUCTION DEPARTMENT/2014 (KRU
EE/38/KRU UU EE/2014) INSOFAR AS SHIRGUPPI HOBLI FOR
KHARIF CROPS NAMELY COTTON-RF DATED:15.04.2014 AS
ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106657/2016:
BETWEEN:
SHIVAPPA TADAHAL,
S/O KENCHAPPA,
AGED ABOUT 53 YEARS,
OCC:AGRICULTURE,
R/AT No.71, NULVI STREET,
KUSUGAL VILLAGE, PIN-580 023
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
9
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014(KRU EE/38/KRU UU EE/2014) INSOFAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
CHILLI-RF, ONION-RF AND COTTON-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106658/2016:
BETWEEN:
SHIVANAND SHIVALLI,
S/O BASAPPA, AGED ABOUT 30 YEARS,
OCC:AGRICULTURE,
R/AT No.294, MATHAD ONI,
KUSUGAL VILLAGE, PIN-580 023
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
10
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERM SHEET NOTIFIED BY THE RESPONDENT
No.2 STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE,
11
AND BEARING No.AGRICULTURE DEPARTMENT/38/
AGRICULTURAL PRODUCTION DEPARTMENT/2014 (KRU
EE/38/KRU UU EE/2014) IN SO FAR AS SHIRGUPPI HOBLI
FOR KHARIF CROPS NAMELY
ONION-RF DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106659/2016:
BETWEEN:
RAMAPPA JANTHLI,
S/O ADIVEPPA,
AGED ABOUT 55 YEARS,
OC:AGRICULTURE
R/AT No.206, NOOLVI ONI,
KUSUGAL VILLAGE, PIN-580 0233,
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
12
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERM SHEET NOTIFIED BY THE RESPONDENT
No.2 STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE,
AND BEARING No.AGRICULTURE DEPARTMENT/38/
AGRICULTURAL PRODUCTION DEPARTMENT/2014 (KRU
EE/38/KRU UU EE/2014) IN SO FAR AS SHIRGUPPI HOBLI
FOR KHARIF CROPS NAMELY
CHILLI-RF, COTTON-RF AND ONION-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106660/2016:
BETWEEN:
KENCHAPPA SHIVALLI,
S/O YALLAPPA,
AGED ABOUT 40 YEARS,
OCC:AGRICULTURE,
R/AT No.456, KUSUGAL VILLAGE,
13
PIN-580 023, HUBBALLI TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
14
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
CHILLI-RF AND ONION-RF DATED:15.04.2014 AS ARBITRARY
AND UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"),
ETC.
IN W.P.No.106661/2016:
BETWEEN:
PRITHVIRAJ BASANGOUDAR,
S/O ANIL,
AGED ABOUT 20 YEARS,
OCC:AGRICULTURE,
R/AT No.29, DODDA ONI,
KUSUGAL VILLAGE,
PIN-580 023, HUBBALLI TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
15
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. IDBI BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
CHILLI-RF, COTTON-RF AND ONION-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106662/2016:
BETWEEN:
GURANAGOUDA RAYANAGOUDAR,
S/O BASANAGOUDA,
AGED ABOUT 44 YEARS,
16
OCC:AGRICULTURE,
R/AT No.83, KHB COLONY,
KESHWAPUR VILLAGE, PIN-580023
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. VIJAYA BANK,
HEBSUR-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
17
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 IN SO FAR AS SHIRGUPPI HOBLI FOR
KHARIF CROPS NAMELY CHILLI-RF AND ONION-RF
DATED:15.04.2014 AS ARBITRARY AND UNCONSTITUTIONAL
(PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106663/2016:
BETWEEN:
SHANKUNTALA BASANAGOUDAR,
W/O ANIL, AGED ABOUT 46 YEARS,
OCC:AGRICULTURE, R/AT No.29, DODDA ONI,
KUSUGAL VILLAGE, PIN-580 023
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
18
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. IDBI BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA,
DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
ONION-RF, COTTON-RF AND CHILLI-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106664/2016:
BETWEEN:
VIJAYAKUMAR MATTIHALLI,
REPRESENTED BY LR-RAJSHEKAR MATTIHALLI,
AGED ABOUT 35 YEARS,
OCC:AGRICULTURE, R/AT MATTIHALLI ONI,
19
SULLA VILLAGE, PIN-580 023
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. SYNDICATE BANK,
SULLA-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
20
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
CHILLI-RF, COTTON-RF AND ONION-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106665/2016:
BETWEEN:
BHEEMANGOUDA @
ANIL BASANGOUDAR,
S/O YELLAPPAGOUDA
AGED ABOUT 55 YEARS,
OCC:AGRICULTURE,
R/AT No.29, DODDA ONI,
KUSUGAL VILLAGE, PIN-580 023.
HUBBALLI TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
21
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. KARNATAKA VIKAS GRAMEENA BANK,
KUSUGAL-580 023 VILLAGE,
HUBBALLI TALUKA, DHARWAD DISTRICT.
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SRI. R.G.SUREBAN, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
CHILLI-RF, COTTON-RF AND ONION-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106666/2016:
BETWEEN:
VIJAYAKUMARA PATIL,
S/O HALLERAO,
AGED ABOUT 59 YEARS,
22
OCC:AGRICULTURE,
R/AT #380/2,WARD No.2
MORAB VILLAGE, PIN-580 112,
NAVALGUND TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE, RAJENDRA PRASAD ROAD,
NEW DELHI-110 001, REP. BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
23
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY
ONION-RF, CHILLI-RF AND COTTON-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106667/2016:
BETWEEN:
BHIMARADDI HEBBAL,
S/O VENKAPPA,
AGED ABOUT 60 YEARS,
OCC:AGRICULTURE,
R/AT BELGAUM ROAD, DHARWAD,
PIN-580 008, DHARWAD TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
24
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. UNITED INDIA INSURANCE COMPANY,
DHARWAD-580 001.
DHARWAD TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS
(BY SRI. VENKATESH M.KHARVI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. PREETI SHASHANK, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS SHIRGUPPI HOBLI FOR KHARIF CROPS NAMELY
CHILLI-RF, COTTON-RF AND ONION-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106668/2016:
BETWEEN:
SUBHASA GUDENNAVAR,
S/O NINGAPPA,
AGED ABOUT 41 YEARS,
OCC:AGRICULTURE,
25
R/AT #520, WARD No.2,
MORAB VILLAGE, PIN-580112
NAVALGUND TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
26
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY
ONION-RF, CHILLI-RF AND COTTON-RF DATED:15.04.2014
AS ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106669/2016:
BETWEEN:
PANCHAKSHARIAYYA @ VIRAKTAMATH
S/O CHANNAYYA,
AGED ABOUT 54 YEARS,
OCCUPATION AGRICULTURE
R/AT #544, MORAB VILLAGE,
PIN-580 112, NAVALGUND TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
27
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY
ONION-RF DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
28
IN W.P.No.106670/2016:
BETWEEN:
YALLAPPA GUDENNAVAR,
S/O NINGAPPA,
AGED ABOUT 68 YEARS,
OCC:AGRICULTURE
R/AT #586, HALLAD ONI,
MORAB VILLAGE, PIN-580 112.
NAVALGUND TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
29
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY
COTTON-RF AND ONION-IR DATED:15.04.2014 AS
ARBITRARY AND UNCONSTITUTIONAL (PRODUCED AS
ANNEXURE-"A"), ETC.
IN W.P.No.106671/2016:
BETWEEN:
MURUGAIAH VIRAKTAMATH,
S/O CHANNAIAH,
AGED ABOUT 58 YEARS,
OCC:AGRICULTURE,
R/AT No.534, MORAB VILLAGE,
PIN-580 112
NAVALGUND TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
30
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY
ONION-RF AND CHILLI-RF DATED:15.04.2014 AS ARBITRARY
31
AND UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"),
ETC.
IN W.P.No.106672/2016:
BETWEEN:
FAKKIRAPPA GUDENNAVAR,
S/O NINGAPPA,
AGED ABOUT 57 YEARS,
OCC:AGRICULTURE,
R/AT 586,HALLAD ONI,
MORAB VILLAGE, PIN-580 112.
NAVALGUND TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
32
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 IN SO FAR AS MORAB HOBLI FOR KHARIF
CROPS NAMELY ONION-RF, CHILLI-IR AND
DATED:15.04.2014 AS ARBITRARY AND UNCONSTITUTIONAL
(PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106673/2016
BETWEEN:
SHIVAYOGI VIRAKTAMATHA,
THROUGH GUARDIAN-MURUGAIAH VIRAKTAMATHA,
S/O CHANNAIAH,
AGED AOUT 58 YEARS,
OCC AGRICULTURE,
R/AT No.534, MORAB VILLAGE,
PIN-580 112, NAVALGUND TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
33
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
34
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY ONION-RF,
DATED:15.04.2014 AS ARBITRARY AND UNCONSTITUTIONAL
(PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106674/2016:
BETWEEN:
NAGAPPA GUDENNAVAR,
S/O NINGAPPA,
AGED ABOUT 59 YEARS,
OCC:AGRICULTURE,
R/AT 586, HALLAD ONI,
MORAB VILLABGE, PIN-580 112,
NAVALGUND TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
35
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY COTTON-RF
AND CHILLI-IR DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106675/2016:
BETWEEN:
SHADAKSHARAIAH VIRAKTAMATHA,
S/O CHANNAIAH,
AGED ABOUT 50 YEARS,
OCC:AGRICULTURE,
R/AT No.534, MORAB VILLAGE,
PIN-580 112,
NAVALGUND TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
36
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
37
DEPARTMENT/2014 IN SO FAR AS MORAB HOBLI FOR KHARIF
CROPS NAMELY CHILLI-RF, ONION-RF AND
DATED:15.04.2014 AS ARBITRARY AND UNCONSTITUTIONAL
(PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106676/2016:
BETWEEN:
SHIVAPPA GUDENNAVAR,
S/O NINGAPPA,
AGED AOBUT 52 YEARS,
OCC:AGRICULTURE,
R/AT HALLAD ONI,
MORAB VILLAGE, PIN-580 112,
NAVALGUND TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
38
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY ONION-IR
AND COTTON-RF DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106677/2016:
BETWEEN:
KUMARASWAMY VIRAKTHMATH,
S/O CHANNAYYA,
AGED ABOUT 45 YEARS,
OCC:AGRICULTURE,
R/AT No.545, MORAB VILLAGE,
PIN-580 112, NAVALGUND TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
39
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERM SHEET NOTIFIED BY THE RESPONDENT
No.2 STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE,
AND BEARING No.AGRICULTURE DEPARTMENT/38/
AGRICULTURAL PRODUCTION DEPARTMENT/2014 IN SO FAR
40
AS MORAB HOBLI FOR KHARIF CROPS NAMELY CHILLI-RF,
ONION-RF DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106678/2016
BETWEEN:
YOGAPPA GUDENNAVAR,
S/O NINGAPPA,
AGED ABOUT 65 YEARS,
OCC:AGRICULTURE,
R/AT 586, HALLAD ONI,
MORAB VILLAGE, PIN-580 112
NAVALGUND TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
41
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY CHILLI-RF
AND ONION-IR DATED:15.04.2014 AS ARBITRARY AND
UNCONSTITUTIONAL (PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106679/2016:
BETWEEN:
JAYADEV VIRAKTAMATH,
S/O CHANNAYYA,
AGED ABOUT 52 YEARS,
OCC:AGRICULTURE,
R/AT No.544, MORAB VILLAGE,
PIN-580 112, NAVALGUND TALUKA,
DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
42
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
43
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY ONION-RF
DATED:15.04.2014 AS ARBITRARY AND UNCONSTITUTIONAL
(PRODUCED AS ANNEXURE-"A"), ETC.
IN W.P.No.106680/2016:
BETWEEN:
BASAVANNEPPA THOTAD,
S/O BALAPPA,
AGED ABOUT 70 YEARS,
OCC:AGRICULTURE,
R/AT POST MORAB,
MORAB VILLAGE, PIN-580 112,
NAVALGUND TALUKA, DHARWAD.
... PETITIONER
(BY SMT.ANURADHA DESHPANDE AND
SMT.NAMRATHA KULKARNI, ADVOCATE)
AND:
1. UNION OF INDIA,
DEPARTMENT OF AGRICULTURE,
CO-OPERATION & FARMER'S WELFARE,
MINISTRY OF AGRICULTURE &
FARMERS' WELFARE,
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. AGRICULTURE INSURANCE COMPANY
OF INDIA LIMITED,
13TH FLOOR, AMBADEEP BUILDING,
14 K.G.MARG, CANNAUGHT PLACE,
44
NEW DELHI-110 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
4. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY,
MORAB-580 112 VILLAGE,
NAVALGUND TALUKA, DHARWAD DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R-1;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R-2;
SRI.N.P.VIVEK MEHATA, ADVOCATE FOR R-3;
SMT. KALADAGI VAISHALI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED TERMS SHEET NOTIFIED BY THE
RESPONDENT No.2 STATE OF KARNATAKA, DEPARTMENT OF
AGRICULTURE, AND BEARING No.AGRICULTURE
DEPARTMENT/38/ AGRICULTURAL PRODUCTION
DEPARTMENT/2014 (KRU EE/38/KRU UU EE/2014) IN SO FAR
AS MORAB HOBLI FOR KHARIF CROPS NAMELY ONION-RF
DATED:15.04.2014 AS ARBITRARY AND UNCONSTITUTIONAL
(PRODUCED AS ANNEXURE-"A"), ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 06.04.2023 AND COMING ON
FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
1. The Union of India came out with a programme called 'National Crop Insurance Programme'. This Programme had three components. The first one was 'Modified National Agricultural Insurance Scheme' 45 (MNAIS), the second was 'Weather Based Crop Insurance Scheme' (WBCIS) and the third was 'Coconut Palm Insurance Scheme' (CPIS).
2. In these batch of writ petitions, we are dealing with WBCIS and hence, the discussion is confined only to this Scheme.
3. As the name suggests, the Scheme was providing insurance to the crop raised by the farmer based on the weather. The Scheme was designed to ensure that the likelihood of financial loss on account of crop loss as a result of fluctuations in weather was indemnified. Broadly speaking, the Insurance Companies, which were engaged in agricultural/local insurance, required to be empanelled and these empanelled Insurance Companies were required to submit their prospective plans to the concerned State Government.
4. The State Government under the Scheme was permitted to communicate its assent to the Scheme and 46 the State was required to also make necessary budgetary allocations to release the premium subsidy for the notified rate for the area at the beginning of the crop season.
5. A Committee called 'State Level Co-ordination Committee on Crop Insurance' (SLCCCI) was required to be constituted to oversee the implementation of the WBCIS and the Committee was required to include the representatives of various departments. The Scheme permitted crop coverage of major food crops and oil seeds and also commercial agricultural crops. All the farmers growing the notified crops were eligible for coverage. The insurance was, however, compulsory for all the farmers who had availed loans from financial institutions.
6. The perils that were covered under the Scheme were the major weather perils which were deemed to cause an adverse weather incident leading to crop loss. A deficit rainfall, unseasonal rainfall, excess rainfall, 47 rainy days, dry-spell, dry-days, were the adverse weather incidents apart from relative humidity, high temperature or low temperature and wind speed or a combination of the above including hailstorms, cloudburst, etc.
7. The Scheme required the State Government to issue a notification atleast a month prior to the commencement of the crop season and this notification was required to contain the following details:
(a) Crops and Reference Unit Areas notified in various Districts.
(b) Sum Insured, Premium rates, and subsidy, as applicable for various crops.
(c) Term-sheets/product structures of various crops and RUAs.
(d) Seasonality discipline for various activities.
(e) List of Reference and Back-up Weather Stations for each Reference Unit Area.48
8. Clause 8.2 of the said Scheme envisaged that at the commencement of each crop season, a meeting of SLCCCI should be convened for consideration and approval of the notified crops and areas and also for finalization of the Insurance Companies. The State Government was required to notify the crops and areas which were eligible for insurance under WBCIS in accordance with the decision taken in the SLCCCI. The Scheme envisaged that the Committee for the purpose of selection of crops under WBCIS should consider the factors such as availability of historical weather data, minimum cropped area, weather perils capable of causing significant and quantifiable losses by change in measurable weather parameters.
9. One of the significant terms of the Scheme was that the State Government was required to convene meetings with insurance providers and experts of Agro- meteorology/agronomy from State Agriculture 49 Universities for finalization of triggers, term-sheets and pay-outs, etc., before the meeting of the SLCCCI.
10. The Scheme also envisaged that a Technical Committee could be constituted by the State Government for selection of crops, areas, weather triggers under WBCIS and also for examination of proposals received from the Insurance Companies. The Technical Committee was also required to finalize the term-sheets for the proposed crops/areas based on demonstrated correlation with historical weather and yield data. The entire scheme was required to operate on the principle of an 'Area Approach' in the selected Reference Unit Areas (RUAs) which could be preferably the Hobli/Block/Tehsil, etc.
11. The State Government, in terms of this Scheme, convened a SLCCCI meeting on 27.03.2014. The copy of the proceedings is produced as Annexure-G to W.P.No.106653/2016. The Committee in the meeting approved the crop-wise sum insured in respect of 11 50 crops. The Chairman in the said meeting stated as follows:
"The Chairman expressed concern over product development and fixing triggers by insurance companies under WBCIS. He instructed Scientists of all State Agricultural Universities and Department of Agriculture to suggest crop wise uniform triggers for coming seasons under WBCIS. The Scientists of all State Agricultural Universities, to verify the termsheets submitted by Insurance Companies for better phase wise triggers before evaluation by KSNDMC. He further directed to verify termsheets of any one district provided by insurance companies for kharif 2014 about phasewise triggers, rainfall and weather parameters by the Scientists of State Agricultural Universities and Department of Agriculture."
12. Thus, in this SLCCCI meeting, the Scientists of all the State Agricultural Universities and Department of Agriculture were directed to verify the term-sheets submitted by Insurance Companies for better phase-wise triggers before the evaluation of 'Karnataka State Natural Disaster Monitoring Committee' (KSNDMC). 51
13. It may be pertinent to state here that clause 25 of the scheme provided for the role of various agencies in implementation and administration of the scheme. Clause 25.2 provided for the role and responsibilities of the State Government. Sub-clause (iii) of Clause 25.2 reads as follows:
"(iii) To constitute a Technical Committee with experts in the relevant areas for finalization of triggers, term-sheets, pay-
out etc before SLCCCI meeting and further evaluation of products and benefits to the farmers."
14. As could be seen from the above, it was the responsibility of the State Government to constitute a Technical Committee with experts in the relevant areas for finalization of triggers, term-sheets, pay-outs, etc., before the SLCCCI meeting.
15. However, as could be seen from the passage extracted above, in the proceedings of the SLCCCI meeting dated 27.03.2014, no Technical Committee as 52 such has been constituted and the Scientists were asked to verify the term-sheets which had been submitted by the Insurance Companies.
16. A memo was also filed in this writ petition enclosing a copy of the proceedings of the meeting conducted on 04.04.2014. In this meeting, discussions were made regarding the phase-wise triggers to be fixed for deficit rainfall, rainfall distribution and excess rainfall. The proceedings ultimately indicate that the Joint Director had informed all the Insurance Companies to prepare term-sheets based on the suggestions of the scientists and submit the same for evaluation by 10.04.2014 and evaluation would thereafter be done for comparison of chaos by the KSNDMC. The relevant portion of the proceedings are reproduced for convenience:
"The Joint Director (Development) informed all the insurance companies to prepare termsheets based on the suggestions of Scientiests and submit for evaluation by 10-4-2014. Later evaluation will be done for comparison of payouts by KSNDMC."53
17. A reply to an RTI application is also enclosed to the memo dated 22.11.2022. In the said reply, insofar as it relates to the preparation of the term-sheets, the answer furnished is as follows:
"2. lªÀiïð ²ÃmïUÀ¼À£ÀÄß vÀAiÀiÁj¸ÀĪÁUÀ ¸ÀPÁðgÀPÉÌ ¸À®ºÉà ¤ÃqÀ®Ä £ÉëĹgÀĪÀ vÁAwæPÀ ¸À«ÄwAiÀÄ «ªÀgÀUÀ¼ÀÄ:
GvÀÛgÀ: ºÀªÁªÀiÁ£À DzsÁjvÀ ¨É¼É «ªÀiÁ AiÉÆÃd£ÉAiÀÄ£ÀÄß ªÀÄÄAUÁgÀÄ 2007 jAzÀ 2014-15£Éà ¸Á°£ÀªÀgÉUÉ lªÀiïð ²ÃmïUÀ¼À£ÀÄß vÀAiÀiÁj¸ÀĪÁUÀ ¸ÀPÁðgÀPÉÌ ¸À®ºÉ ¤ÃqÀ®Ä ¥ÀævÉåÃPÀªÁV vÁAwæPÀ ¸À«ÄwAiÀÄ£ÀÄß £ÉëĹgÀ°®è. DzÀgÉ ¥Àæw ºÀAUÁ«Ä£À ¥ÁægÀA¨sÀzÀ°è gÁdå ªÀÄlÖzÀ ¨É¼É «ªÀiÁ ¸À®ºÁ ¸À«Äw ºÁUÀÆ gÁdå ªÀÄlÖzÀ ¨É¼É «ªÀiÁ ¸ÀªÀÄ£ÀéAiÀÄ ¸À«ÄwUÀ¼À ¸À¨ÉsUÀ¼À£ÀÄß £ÀqɸÀ¯ÁUÀÄwÛzÀÄÝ, ¸ÀzÀj ¸À¨ÉsUÀ¼À°è PÀȶ «±Àé«zÁ央AiÀÄUÀ¼À «YÁÕ¤UÀ¼ÀÄ ªÁå¥ÀPÀªÁV ¨É¼ÉªÁgÀÄ vÁAwæPÀ ¸À®ºÉUÀ¼À£ÀÄß ¤ÃqÀÄwÛzÀÄÝ, «ªÀiÁ ¸ÀA¸ÉÜUÀ¼ÀÄ CzÀgÀAvÉ lªÀiïð ²ÃmïUÀ¼À£ÀÄß ¹zÀÝ¥Àr¸À¯ÁUÀÄwÛvÀÄÛ. DzÀgÉ, 2015£Éà ¸Á°£À°è J¯Áè ¨É¼ÉUÀ½UÉ £ÉÊdªÁzÀ ¨É¼É £ÀµÀÖªÀ£ÀÄß ¥Àæw¥sÀ°¸ÀĪÀAvÉ lªÀÄð²ÃmïUÀ¼À°è ºÀªÁªÀiÁ£À ¥ÁægÀA©üPÀUÀ¼À£ÀÄß (Triggers) 54 ¤UÀ¢ü¥Àr¸À®Ä J¯Áè f¯ÉèUÀ¼À°è DAiÀiÁ f¯Áè¢üPÁjUÀ¼À CzsÀåPÀëvÉAiÀÄ°è vÁAwæPÀ ¸À«Äw gÀa¸À®Ä ¸ÀPÁðj DzÉñÀ ºÉÆgÀr¸À¯ÁVzÉ. ¸ÀzÀj ¸À«Äw°è f¯Áè¢üPÁjUÀ¼ÀÄ CzsÀåPÀëgÀÄ, f¯Áè G¥À vÉÆÃlUÁjPÁ ¤zÉÃð±ÀPÀgÀÄ ¸ÀzÀ¸Àå PÁAiÀÄðzÀ²ðUÀ¼ÁVzÀÄÝ, ªÀÄÄRå PÁAiÀÄ𠤪ÀðºÀuÁ¢üPÁjUÀ¼ÀÄ, dAn PÀȶ ¤zÉÃð±ÀPÀgÀÄ, PÀȶ «±Àé «zÁ央AiÀÄUÀ¼À «YÁÕ¤UÀ¼ÀÄ, PÀȶ «YÁУÀ PÉAzÀæUÀ¼À «eÁÕ¤UÀ¼ÀÄ, f¯Áè ¸ÀASÁå ¸ÀAUÀæºÀuÁ¢üPÁjUÀ¼ÀÄ, PÀ£ÁðlPÀgÁdå £ÉʸÀVðPÀ «¥ÀvÀÄÛ G¸ÀÄÛªÁj PÉÃAzÀæzÀ C¢üPÁjUÀ¼ÀÄ ¸ÀzÀ¸ÀågÁVzÀÄÝ, J¯Áè ¨É¼ÉUÀ½UÉ f¯Áè ªÀÄlÖzÀ°è CªÀ±ÀåPÀvÉUÀ£ÀÄUÀÄtªÁV £ÉÊdªÁzÀ ¨É¼É £ÀµÀÖªÀ£ÀÄß ¥Àæw¥sÀ°¸ÀĪÀAvÉ lªÀÄð²ÃlμÀ£ÀÄß ¹zÀÝ¥Àr¸À®Ä ¸À®ºÉ ¤ÃqÀ¨ÉÃPÁVgÀÄvÀÛzÉ."
18. As could be seen from the said reply, a separate Technical Committee was not formed despite the stipulation in Clause 25.2 casting an obligation on the State to constitute a Technical Committee.
19. As already indicated that the SLCCCI had called upon the Scientists for preparation of phase-wise 55 triggers and the Scientists in turn had made suggestions and thereafter the Insurance Companies were directed to prepare term-sheets.
20. The State Government in its statement of objections has stated as follows:
"4. Thereafter all the term sheets of all insurance companies in respect of all Hoblis have been evaluated by KSNDMC. The term sheets are evaluated applying past 10 years rainfall/weather data and based on total payout of all parameters. Term sheets with highest payout irrespective of insurance company were selected for the crop and location."
21. As could be seen from the above averment, the State Government basically selected the term-sheets which had been prepared by the Insurance Companies which had resulted in the highest pay-outs. It is, therefore, clear that the State Government never prepared the term-sheets as per the terms of the Scheme.
56
22. It is the contention of the petitioners who are farmers hailing from Dharwad District that due to the improper term-sheets, they have been put to a severe financial loss despite the fact that they had paid the requisite premium. It is their case that due to improper parameters set, which were contradictory to the very same crop grown in the very same area, the scheme did not take care of their losses. It is their contention that by application of different parameters, certain farmers in certain Hoblis were given compensation in respect of the very same crop, whereas they were denied compensation for the same crop that they had raised. To put it simply, it is their case that the term-sheets in respect of the same crop were not uniform in the area in respect of the parameters/triggers and recording of data and this has resulted in great prejudice to them.
23. The assertions of the petitioners that they were not paid any sums despite adverse conditions affecting their crop are not at all in dispute. This can be gathered from 57 the fact that a meeting had been convened by the Deputy Commissioner on 01.08.2015 chaired by the local MLA, in which, after hearing all the concerned stakeholders, 11 recommendations were sought to be made to the Government. The said recommendations are narrated below:
• "ºÀªÁªÀiÁ£À DzsÁjvÀ ¨É¼É «ªÉÄUÉ C¼ÀªÀr¹gÀĪÀ ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀ ªÀiÁ£ÀzÀAqÀUÀ¼À°è MAzÉà ºÀAvÀzÀ §zÀ¯ÁV ªÀÄÆgÀÄ ºÀAvÀUÀ¼À°è f¯ÉèAiÀÄ J¯Áè vÁ®ÆPÀÄ ºÁUÀÆ ¸ÀzÀj AiÉÆÃd£ÉAiÀÄr C¢¸ÀÆavÀ ¨É¼ÉUÀ½UÉ C¼ÀªÀr¸ÀĪÀÅzÀÄ.
• ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀ ªÀiÁ£ÀzÀAqÀUÀ¼À°è ««zsÀ ºÀAvÀzÀ°è ¤UÀ¢¥Àr¹zÀ CªÀ¢AiÀÄ£ÀÄß ¥ÀÄ£ÀgÀ ¥Àj²Ã°¸ÀĪÀÅzÀÄ.
• ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀ ªÀiÁ£ÀzÀAqÀUÀ¼À°è ««zsÀ ºÀAvÀzÀ°è ¤UÀ¢¥Àr¹zÀ næUÀgï/¸ÉÖçöÊPïìUÀ¼À£ÀÄß PÀrªÉÄ ¥ÀæªÀiÁtzÀ°è ¤UÀ¢ ¥Àr¸ÀĪÀÅzÀÄ.
• Mt ¢£ÀUÀ¼À ¥ÀæªÀiÁtªÀ£ÀÄß £ÀªÀÄä f¯ÉèAiÀÄ PÀ¼ÉzÀ 5 ªÀµÀðzÀ ºÀªÁªÀiÁ£À ªÀgÀ¢ DzsÀj¹ PÀ¤µÀ× ªÀÄvÀÄÛ UÀjµÀ× ¢£ÀUÀ¼À£ÄÀ ß ¤UÀr¥Àr¸ÀĪÀÅzÀÄ.
• Mt ¢£ÀUÀ¼À ¥ÀæªÀiÁt ªÀiÁ£ÀzÀAqÀ C¼ÀªÀr¹zÀ CªÀ¢AiÀÄ£Àß ¥ÀÄ£ÀgÀ ¥Àj²Ã°¸ÀĪÀÅzÀÄ ºÁUÀÆ ¸ÀܽÃAiÀÄ ºÀªÁªÀiÁ£À DzsÀj¹ ¤UÀ¢¥Àr¸ÀĪÀÅzÀÄ.58
• ºÉZÀÄÑ ªÀÄ¼É ¢£À ¥ÀæªÀiÁt ªÀiÁ£ÀzÀAqÀªÀ£ÀÄß ªÀÄÆgÀÄ ºÀAvÀzÀ°è ¤UÀ¢¥Àr¸ÀĪÀÅzÀÄ ºÁUÀÆ ¨ÉAZïªÀiÁPïð ¥ÀæªÀiÁtªÀ£ÀÄß PÀrªÉÄUÉƽ¸ÀĪÀÅzÀÄ.
• ºÉZÀÄÑ ªÀÄ¼É ¢£À ¥ÀæªÀiÁt ªÀiÁ£ÀzÀAqÀzÀ°è EªÉAmï (Event) §zÀ¯ÁV MlÄÖ ªÀļÉAiÀÄ ¥ÀæªÀiÁtªÀ£ÀÄß ¥ÀjUÀt¸ÀĪÀÅzÀÄ.
• ºÀªÁªÀiÁ£À ¨É¼É «ªÀiÁ ¥ÀzÀÞwAiÀÄ£ÀÄß PÀqÁØAiÀÄzÀ §zÀ¯ÁV L¹áPÀªÁV ¥ÀjªÀvÀð¸À®Ä gÉÊvÀgÀ PÉÆÃjPÉAiÀiÁVzÉ.
• ºÀªÁªÀiÁ£À ¨É¼É «ªÀiÁ ¥ÀzÀÞwAiÀÄ°è EgÀĪÀ «ªÀiÁ PÀAw£À ¥ÀæªÀiÁt ºÁUÀÆ «ªÀiÁ ªÉÆvÀÛªÀ£ÀÄß ¥ÀÄ£ÀgÀ ¥Àj²Ã°¸ÀĪÀÅzÀÄ.
• ºÀªÁªÀiÁ£À DzsÁjvÀ ¨É¼É «ªÀiÁ ¥ÀzÀÞwAiÀÄ°è UÁæªÀÄ ¥ÀAZÁAiÀÄw ªÀÄlÖªÀ£ÀÄß WÀlPÀªÁV wªÀiÁð¤¸ÀĪÀÅzÀÄ.
• ºÀªÁªÀiÁ£À DzÁjvÀ ¨É¼É «ªÀiÁ ¥ÀzÀÞwAiÀÄ°è gÉÊvÀjUÉ «ªÀiÁ ¥ÀjºÁgÀ ªÉÆvÀÛªÀ£ÀÄß CªÀ¢ ªÀÄÄVzÀ 3 jAzÀ 4 wAUÀ¼ÉƼÀUÁV ¥ÁªÀw¸À®Ä gÉÊvÀgÀ PÉÆÃjPÉAiÀiÁVzÉ."
24. As could be seen from these recommendations, the Deputy Commissioner along with the local officers concluded that the parameters set out in the term- sheets were incorrect. It was also noticed that the benchmark figures set were not in consonance with the historical weather data. It was specifically noticed that excessive rainfall was not captured in three phases and as a matter of fact, excess rainfall which was considered 59 in one phase, had resulted in severe prejudice to the farmers.
25. The Deputy Commissioner, in fact, has addressed a letter to the Chief Secretary on 01.08.2015 and the same has, in fact, been produced by the State itself. In this letter, the Deputy Commissioner has reiterated the 11 recommendations that had been made in the meeting and he has also highlighted the following facts regarding excess rainfall index, dry-day index and rainfall deficit index.
"A) ºÉZÀÄѪÀj ªÀÄ¼É ¸ÀÆa(Excess Rainfall Index):
f¯ÉèAiÀÄ°è ¨É¼É «ªÉÄUÉ ºÉZÀÄѪÀj ªÀÄ¼É ¸ÀÆa C¼ÀªÀrPÉAiÀÄ£ÀÄß MAzÉà ºÀAvÀzÀ (1-Sep to 31-Oct) CªÀ¢üAiÀÄ°è ªÀÄÆgÀÄ ¸ÀvÀvÀ ªÀÄ¼É ¢£ÀUÀ¼À°è ©zÀÝ ªÀÄ¼É ¥ÀæªÀiÁtªÀÅ ¤UÀ¢¥Àr¹zÀ(Bench Mark-100 mm) ¥ÀæªÀiÁtQÌAvÀ ºÉaÑUÉAiÀiÁzÀ°è ªÀiÁvÀæ gÉÊvÀjUÉ ¨É¼É «ªÀiÁ ¥ÀjºÁgÀ ®¨sÀåªÁUÀÄvÀÛzÉ. DzÀgÉ f¯ÉèAiÀÄ 5 ªÀµÀðUÀ¼À CAQ-CA±ÀUÀ¼À£ÀÄß UÀªÀĤ¸À¯ÁV ªÀÄÆgÀÄ ¸ÀvÀvÀ ªÀÄ¼É ¢£ÀUÀ¼À°è ©zÀÝ ªÀÄ¼É ¥ÀæªÀiÁtªÀÅ ¤UÀ¢¥Àr¹zÀ (Bench Mark-100 mm) ¥ÀæªÀiÁtQÌAvÀ PÀrªÉĬÄgÀĪÀÅzÀ£ÀÄß UÀªÀĤ¸À¯ÁVzÉ (Table-V).60
C®èzÉ, ¸ÀzÀj ªÀiÁ£ÀzÀAqÀzÀ°è ¥ÀjUÀt¹zÀ CªÀ¢üAiÀÄ£ÀÄß PÉ®ªÉÇAzÀÄ ¯ÉPÁÌZÁgÀ ¥ÀvÀæPÉUÀ¼À°è «¨sÁV¹zÀÄÝ DzÀgÉ ªÀÄzÀåzÀ CªÀ¢ü (July-15 to Aug-31) AiÀÄ£ÀÄß ¥ÀjUÀt¸ÀzÉ PÉÊ©nÖgÀĪÀÅzÀÄ ¸À»vÀ f¯ÉèAiÀÄ gÉÊvÀjUÉ «ªÀiÁ ¥ÀjºÁgÀ ¥ÁªÀwAiÀiÁUÀzÉà EgÀĪÀÅzÀ£ÄÀ ß ªÀgÀ¢¬ÄAzÀ UÀªÀĤ¸À¯ÁVzÉ.
Table:V
Excess Rainfall Index since 5 years
2010 2011 2012 2013 2014
Events Total Events Total Events Total Events Total Events Total
Taluk No. Rain No. Rain Rain No. Rain No. Rain
No.
Dharwad 0 171.9 0 246.3 0 123.3 0 256.8 0 190.0
Hubli 0 111.3 0 185.1 0 146.9 0 216.2 0 190.7
Kalghatgi 0 111.3 0 320.7 0 150 0 243.8 0 288.2
Kundagol 0 108.2 0 129.9 0 85.8 0 231.0 0 145.2
Navalgund 0 142.2 0 135.5 0 103.8 0 314.13 0 165.7
Average 0 129 0 204 0 122 0 252 0 196
(source:KSNDMC, Bangalore)
B) Mt ¢£ÀUÀ¼À ¸ÀÆa(Dry Day Index):
f¯ÉèAiÀÄ°è ¨É¼É «ªÉÄUÉ Mt ºÀªÉ ¢£ÀUÀ¼À C¼ÀªÀrPÉAiÀÄ°è MAzÉà ºÀAvÀzÀ CªÀ¢üUÉ (1-July to 31-Aug) PÀ¤µÀ× 14 ºÁUÀÆ UÀjµÀ× 38 ¢£ÀUÀ¼À ¸ÀvÀvÀ Mt ¢£ÀUÀ¼ÀÄ ¸ÀÈ¶× DzÀ°è ªÀiÁvÀæ «ªÉÄ ¥ÀjºÁgÀPÌÉ CªÀPÁ±À«zÀÄÝ, DzÀgÉ zsÁgÀªÁqÀ f¯ÉèAiÀÄ PÀ¼ÉzÀ 5 ªÀµÀðUÀ¼À ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀUÀ¼À ¥Àj²Ã°¸À¯ÁV(Table-IV) f¯ÉèAiÀÄ°è UÀjµÀ× ¸Àȶ×AiÀiÁzÀ ¸ÀvÀvÀ Mt ¢£ÀUÀ¼ÀÄ 9 ªÀiÁvÀæ PÀAqÀħA¢zÀÄÝ EzÀjAzÁV ¸ÀzÀj 61 WÀlPÀzÀr gÉÊvÀjUÉ «ªÀiÁ ¥ÀjºÁgÀ ®¨sÀåªÁUÀÄwÛ®è¢gÀĪÀÅzÀÄ UÀªÀĤ¸À¯ÁVzÉ.
Table IV District Dry Day Index since 5 years Taluk 2010 2011 2012 2013 2014 Dharwad 12 4 6 7 7 Hubli 8 6 9 8 5 Kalghatgi 8 3 8 5 7 Kundagol 9 7 11 10 5 Navalgund 8 9 7 11 8 Average 9 6 8 8 6 (Source:KSNDMC,Bangalore) C) ªÀÄ¼É PÉÆgÀvÉ ¸ÀÆa(Rainfall Deficit Index):
f¯ÉèAiÀÄ°è ºÀªÁªÀiÁ£À DzsÁjvÀ ¨É¼É «ªÀiÁ AiÉÆÃd£ÉAiÀÄ ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀUÀ¼À C¼ÀªÀrPÉAiÀÄ°è ¤UÀ¢¥Àr¸À¯ÁzÀ CªÀ¢üAiÀÄ «ªÀgÀUÀ¼À£ÀÄß ¥Àj²Ã°¸À¯ÁV f¯ÉèAiÀÄ°è FgÀÄ½î ºÁUÀÆ ªÉÄt¹£ÀPÁ¬Ä ¨É¼ÉUÀ½UÉ ºÀħâ½î ºÁUÀÆ £ÀªÀ®UÀÆAzÀ vÁ®ÆPÀUÀ¼À°è MAzÉà ºÀAvÀzÀ°è(1-June to 15-Nov) ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀUÀ¼À CªÀ¢üAiÀÄ£ÀÄß ¤UÀ¢¥Àr¹PÉÆArzÀÄÝ, DzÀgÉ PÀÄAzÀUÉƼÀ ºÁUÀÆ zsÁgÀªÁqÀ vÁ®ÆPÀUÀ½UÉ ªÀÄÆgÀÄ ºÀAvÀUÀ¼À°è (15-June to 15 July, 16-July to 20-Aug & 21-Aug to 20 Sep) ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀUÀ¼À CªÀ¢üAiÀÄ£ÀÄß ¤UÀ¢¥Àr¹PÉÆArzÀÄÝ UÀªÀĤ¸À¯ÁVzÉ. EzÀjAzÁV MAzÉà ºÀAvÀzÀ ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀUÀ¼À CªÀ¢üAiÀÄ£ÀÄß ¤UÀ¢ü¥Àr¹zÀ vÁ®ÆPÀUÀ¼À°è gÉÊvÀjUÉ «ªÀiÁ ¥ÀjºÁgÀ zÉÆgÉwÛ®è¢gÀĪÀÅzÀÄ PÀAqÀħA¢zÉ(Table 62 I, II & III). DzÀgÉ ªÀÄÆgÀÄ ºÀAvÀzÀ°è ºÀªÁªÀiÁ£À ¤AiÀÄAvÀæPÀUÀ¼À CªÀ¢üAiÀÄ£ÀÄß ¤UÀ¢¥Àr¹zÀ vÁ®ÆPÀUÀ¼ÁzÀ PÀÄAzÀUÉƼÀ ºÁUÀÆ zsÁgÀªÁqÀzÀ°è «ªÀiÁ ¥ÀjºÁgÀ ¥ÁªÀwAiÀiÁVgÀĪÀÅzÀÄ ªÀgÀ¢¬ÄAzÀ UÀªÀĤ¸À¯ÁVzÉ."
26. As could be seen from his letter, the Deputy Commissioner has highlighted the fact that excessive rainfall was calculated during the period from 1st of September to 31st of October with a benchmark of 100 millimeters, but the term-sheets had ignored the period between July 15th to August 31st which had resulted in no payments at all to the farmers.
27. It was also noticed that in certain Talukas, the rainfall deficit index is considered for one phase i.e., from 1st of June to 15th of November, whereas in certain Talukas, it was considered in three phases i.e., from 15th of June to 15th of July, 16th of July to 20th of August, and 21st of August to 20th of September. He has noticed that in view of this segregation of the rainfall deficit in three periods, farmers of certain Talukas had the benefit of 63 insurance, whereas in certain Talukas there was no payment at all.
28. Thus, the improper term-sheets, even according to the Deputy Commissioner, was the cause for deprival of benefits of the crop insurance to the farmers.
29. The issues which arose regarding the implementation of the Scheme were also taken up in a meeting held on 18.09.2015, which was chaired by the Minister of Agriculture. The record of the proceedings would be useful for a better appreciation of the problems faced by the farmers due to the WBCIS, which reads as under:
"Proceedings of the meeting on Crop Insurance held on 18-09-2015 at 4.30 P.M under the Chairmanship of Hon'ble State Minister for Agriculture.
Members Present: - List enclosed.
The Director of Agriculture welcomed all the members and initiated the discussions on the problems arisen in claim settlement under Weather Based Crop Insurance Scheme (WBCIS) in Navalagund and Hubli 64 taluks of Dharwad District and Modified National Agricultural Insurance Scheme (MNAIS) in Jevargi taluk of Kalaburagi district during Kharif 2014.
Kharif 2014 - WBCIS in Dharwad District Additional Chief Secretary and Development Commissioner asked the Deputy Commissioner (DC), Dharwad to explain the details of WBCIS claims in Dharwad District during Kharif 2014. The DC, Dharwad explained the problems arisen after WBCIS- Kharif 2014 claims settled as follows:
• During Kharif 2014 WBCIS was implemented in Dharwad District by Agriculture Insurance Company of India Ltd., (AIC) for Onion (I & RF), Chilly (I&RF). Cotton (I & RF) and Potato (I & RF) crops and covered an area of 72164 Ha. under the scheme. • The Talukwise Crop Wise claims details are as follows.
Onion (Irrigated & Rainfed)
Taluk Area Insured Gross Farmers Claims
(Ha) Premium Premium (Lakh Rs.)
(Lakh Rs.) (Lakh Rs.)
Dharwad 2869.67 189.45 94.72 311.40
Hubli 5926.421 398.26 199.13 0
Kundgol 287.24 18.04 9.02 8.58
Navalgund 12060.218 909.16 454.58 0
Total 21143.549 1514.91 757.45 319.98
65
Chilli (Irrigated & Rainfed)
Taluk Area Insured Gross Farmers Claims
(Ha) Premium Premium (Lakh Rs.)
(Lakh Rs.) (Lakh Rs.)
Dharwad 861.752 67.05 33.52 130.48
Hubli 7643.757 614.56 307.28 0
Kundgol 4646.06 373.54 186.77 270.64
Navalgund 8627.171 748.25 374.12 8.86
Total 21778.74 1803.4 901.69 409.98
• During Kharif 2014, Farmers have insured
21143.549 ha area of Onion crop by paying Rs. 757.45 lakhs (Gross Premium- Rs.1514.91 lakhs) but received claims of Rs.319.98 Lakhs, in which Navalgund and Hubli taluks did not receive any claims.
• For Chilli crop Farmers have insured 21778.74 ha area of Onion crop by paying Rs. 901.70 lakhs (Gross Premium- Rs.1803.40 lakhs) but received claims of Rs. 409.98 Lakhs, in which Hubli taluk did not receive any claims and Navalgund taluk received very less claims of Rs.8.86 lakhs.
• Farmers of Navalgund and Hubli taluk are agitating as they have not received claims He explained about the Kharif 2014 termsheets of Onion and Chilli of Navalgund taluk implemented by AIC and the details are as follows.66
• Excess Rainfall Index: It has a single phase from 1st september to 31st September and farmer will be benefitted if it rains >100 mm for continuous 3 days in this phase, but 5 years district statistics have not recorded >100mm. The excess rainfall index has not covered period from July 15th to August 31" due to this the farmers have not received any claims for Onion and Chilly.
• Dry day Index: This phase covers 1st July to 31st August. During this phase continuous dry days for minimum 14 days to maximum 38 days, then only farmers will get claims. Last 5 years district data shows that continuous dry days recorded are only 9 days, hence triggers fixed in termsheets are not useful to farmers.
• Rainfall Deficit Index: For Onion and Chilli crops of Navalgund and Hubli taluks, the termsheets contains deficit rainfall as single phase from 1st June to 15th November, due to this the farmers have not received any claims. Where as the termsheets for same crops of Kundagol and Dharwad taluks, the termsheets have 3 phases for deficit rain fall which is more benificial as the farmers of these taluks have received claims.67
The DC Dharwad informed that due to these problems in the termsheets, the farmers of Navalgund and Hubli did not receive claims for Onion and Chilli and farmers are agitating since 2 months. Hence there is a need for discussion on this issue. He further informed that there is not much variation in rainfall and dry days pattern among 5 taluks of Dharwad district, but there is variation in termsheets notified. Navalgund and Hubli taluk termsheets with single phase for both Deficit and Excess rainfall, where as termsheets of Kundagol, Kalaghatagi and Dharwad taluks have 3 phases for both Deficit and Excess rainfall.
The Minister of Agriculture & Chairman questioned AIC, reasons for fixing of single phase for entire period in Onion and Chilli termsheets of Navalgund and Hubli taluks.
The Regional Manager, AIC informed that they implemented termsheets of Cholamandalam MS GIC for Onion and Chilli crops in Navalgund and Hubli taluks as finalised by Government and SLCCCI. This practice is being followed for the past couple of years, which were resulting well.68
The Chairman asked Cholamandalam MS GIC reasons for preparation of such termsheet with single phase for both Deficit rainfall and Excess rainfall.
The Regional Head, Cholamandalam MS GIC explained that these triggers have given maximum payout for last 2 years, hence they had fixed those triggers.
Additional Chief Secretary and Development Commissioner (ACS & DC) asked the basis for selection of termsheet and outcome of evalutation of termsheets of both AIC and Cholamandalam MS GIC.
Director for Agriculture informed that KSNDMC has evaluated the termsheets and based on their recommendations of crop wise maximum payout, termsheets were finalised and districts were alloted to Insurance Companies.
The Director, KSNDMC explained that they have evaluated termsheets by applying past 10 years rainfall/weather data and based on total payout of all parameters. Termsheets with highest payout irrespective of insurance company will be selected for the crop and location. The company wise, crop wise payouts of Navalgund taluk is as follows:
69
Hobli Crops AIC HDFC CHOLA Highest Company
%
payout
Cotton(RF) 108 89 47 108 AIC
Onion(I) 75 85 136 136 CHOLA
Annigeri Onion(RF) 75 136 136 CHOLA
Chilly(I) 124 36 126 126 CHOLA
Chilly(RF) 124 126 126 CHOLA
Cotton(RF) 98 89 47 98 AIC
Onion(I) 73 85 136 136 CHOLA
Morab Onion (RF) 70 136 136 CHOLA
Chilly(I) 132 36 126 132 AIC
Chilly(RF) 124 126 126 CHOLA
The Chairman told that fault termsheets were implemented.
The ACS & DC directed AIC to pay the claims to farmers of Navalgund taluk as it was the implementing agency as there is cropless due to heavy rainfall during August 2014. She further directed AIC to pay the claims for the modified termsheets.
Regional Manager AIC informed that as per existing practice Department of Agriculture finalised high payout termsheets irrespective of insurance company and asked to implement the finalised termsheets. The same methodology worked well for 70 past two seasons. But for Kharif 2014 the actual rainfall/weather data is not expressed the loss/claims for the notified termsheets, which is base for claim calculation. Altering the termsheets at this point of time will not be appropriate.
General Manager AIC from New Delhi, expresed that AIC will always be happy to help the farmers. The claims were calculated and paid strictly as per the termsheets finalised by GOK, actual data provided by KSNDMC and scheme provisions of GOI. As the request to compensate for non claim areas is beyond the scheme guidelines, the matter has to be taken up to Government of India level and AIC will be supportive on the matter. Further this kind of issues stress more upon standardisation of termsheets according to the actual crop requirement and location.
The Principal Secretary, Horticulture told that KSNDMC has evaluated the termsheets mechanically and technically they do not have any domain knowledge about triggers. He further informed that rainfall of taluks/hoblis are considered for evaluation which is not correct, instead actual crop water requirment and maximum rainfall that crop can withstand etc., are to be considered while fixing parameters for termsheets. He further suggested that an internal committee at district level shall be 71 constituted consisting of DC, CEO, JDA, DDH, university Scientists, etc., for preparation of suitable need based termsheets and finalise.
The ACS & DC directed Scientists of the Agricultural and Horticultural Universities to give crop wise, phase wise triggers for termsheet preparation. Further she directed the DC Dharwad district to give elaborate note on this issue, so that the same can be forwarded to GOI for necessary action at the earliest.
MNAIS Kharif 2014 claims in Jewargi taluk of Kalaburagi district The chairman asked Joint Director of Agriculutre, Kalaburagi district to explain the MNAIS Kharif 2014 claim issue.
The JDA, Kalaburagi explained that during Kharif 2014 under MNAIS, 1.02 lakhs farmers were enrolled by paying premium of Rs.1878.50 lakhs and an amount of Rs.6255.85 lacs claims were settled to 0.41 lacs eligible famers. Out of this an amount of Rs.5949.58 lakhs has been settled to Jewargi Taluk only, majority for Tur crop. There is agitation from farmers of Bilawar and Ijeri Gram panchayats of Ijeri Hobli and Nelogi GP of Nelogi Hobli, as the claim amount is very less compared to neighbouring other GPS.72
The Chairman asked about the yield and claim history of Tur crop in Kalaburagi district over the years. The JDA. Kalaburagi explained that the district average yield of Tur crop is 4.88 qtl, 7 qtl. 10.35 qtl per hectare during 2011-12, 2012-13 and 2013-14 respectively. But during 2014-15 the actual yield at GP level ranges from 81Kgs to 2932 Kgs per hectare.
The Chairman expressed that only Jewargi taluk got claims even though the yield trend is almost similar through out the district. This type of situation is creating agitation among farmers. Futher it shows there is some abnormality in actual yield of some GPs. Being an implementing agency AIC should look into the matter and should take necessary care.
Regional Manager, AIC informed that there is no sense of abnormality in insurance enrolment in Kalaburagi district. After receipt of yield data and calculation of claims, it seems that major claims goes to Jewargi Taluk. This is also due to short fall in yield due to low actual yield of Tur crop during Karif 2014 season. To avoid such issues in future, AIC has planned to supervise maximum number of Crop Cutting Experiments (CCES) during Kharif 2015 in sensitive areas.73
The Chairman questioned about the accuracy of CCE results and actual crop performance during Kharif 2014 in Kalaburagi district.
The JDA. Kalaburagi expressed that actual crop yields were normal in Kalaburagi district and Director, DES informed that District Statistical Officers are coordinating the CCEs, which are shared among different departments, and send the final schedules to Directorate. The same data is forwarded for claim process.
The Chairman instructed DES to take necessary care in maintaining accuracy in CCEs and directed to monitor all the CCEs with atmost care at field level.
The ACS & DC asked Director of Agriculture to give elaborate note on crop insurance in Kalaburagi district and Jewargi taluk over the years for any abnormalities in enrolment and claims.
After detailed discussion it was decided to constitute a technical committee under the chairmanship of Principal Secretary Horticulture to modify the termsheets of all Horticultural crops so as to ensure that the termsheet calculation reflects the actual loss. It is also proposed that as the modification and implementation of termsheet may take sometime and cutoff date for Rabi 2015 74 notification may be over, the horticulture crops may be covered under NAIS.
Based on todays discussion and decision taken Secretary Agriculture will move a cabinet note for approval of cabinet in this regard.
The meeting was concluded with vote of thanks.
Sd/-
State Minister for Agriculture (emphasis supplied)
30. As could be seen from the said proceedings, the Committee was informed by the Principal Secretary that the KSNDMC had evaluated the term-sheets mechanically and the KSNDMC did not have the domain knowledge about the triggers. It was also noticed that the manner in which the rainfall of Talukas/Hoblis were considered for evaluation was incorrect and the actual crop water requirement and maximum rainfall that the crop could withstand ought to have been considered while fixing the parameters for term-sheets. In fact, it was suggested that an internal committee at the District 75 level should be constituted for preparation of suitable need based term-sheets and the same should be finalized. A direction was also issued to the Scientists of the Agricultural and Horticultural Universities to give crop-wise and phase-wise triggers for term-sheets preparation.
31. These proceedings, therefore, clearly indicate that the term-sheets were sought to be prepared in the manner envisaged under the Scheme only after the crop loss had occurred. These facts also indicate that the term-sheets which were accepted were not prepared by the experts in the field and they did not contain the necessary parameters to ascertain as to whether there was a crop loss due to adverse weather incidents as envisaged under the Scheme. In short, the term-sheets were not at all prepared as contemplated under the Scheme and the term-sheets prepared by the Insurance Companies were blindly selected only with reference to 76 the payouts and not in terms of condition of weather which affected the crops.
32. The principal objective of the Scheme was to ensure that if there was a crop loss due to an adverse weather condition, the farmer should be compensated. If the adverse condition which affected the crop was itself not recognized and identified properly before notifying of the scheme, the very scheme was a still-born scheme designed to fail. The fact that the Committee accepted the term-sheets which were improperly prepared is by itself proof of the fact that the entire manner in which the Scheme was implemented was haphazard and without any rationality.
33. Pursuant to the meeting held on 18.09.2015, the Additional Chief Secretary of the State addressed a letter to the Secretary of the Ministry of Agriculture of Government of India dated 12.01.2016. The contents of this letter would have to be re-produced in its entirety to 77 understand the damage that has been caused to the farmers.
"Further, it may be noted that the State has experienced delayed monsoon and sudden excess rainfall during August. This led to crop loss in Dharwad district in Onion (I&RF), Chilli(I&RF) crops. But the actual payout made as per termsheets has not expressed the actual field loss, which created agitation among farmers which is still continuing and District administration is getting disturbed a lot.
The same issue has been raised many times in the State assembly by public representatives of the State and special meetings were also conducted under the Chairmanship of Hon'ble Agriculture Minister and District incharge Minister in this regard.
As in Ref (1), the issue was discussed in detail in the meeting held under the chairmanship of H'ble Agriculture Minister on 18-09-2015 and requested AIC to pay the claims to farmers of Navalgund Taluka for modified term sheets, as it was the implementing agency and there was crop loss due to heavy rainfall during August 2014. Officers from AIC, New Delhi, have 78 informed that the matter has to be taken up Government of India.
In continuation of this, the MLA Navalagund also requested Government in ref (2) to give compensation to distress farmers who have suffered crop loss and have not got claims in spite of insuring under WBCIS during 2014 Kharif, and solve the problem.
Details of Talukwise claim & details for Onion and Chilly crop are as follows:
Crop:Onion (I & RF)
Taluk Area Insured Gross Farmers Claims Claims
(Ha) Premium Premium (Lakh Rs.) Ratio
(Lakh Rs.) (Lakh (Rs. in
Rs.) lakhs)
Dharwad 2869.67 189.45 94.72 311.40 164.4
Hubballi 5926.421 398.26 199.13 0 0
Kundgol 287.24 18.04 9.02 8.58 47.56
Navalgund 12060.218 909.16 454.58 0 0
District 21,143.549 1,514.90 757.45 319.98 21.12
Total
Crop: Chilli (I & RF)
Taluk Area Insured Gross Farmers Claims Claims
(Ha) Premium Premium (Lakh ratio
(Lakh Rs.) (Lakh Rs.) Rs.)
Dharwad 861.752 67.05 33.52 130.48 194.60
Hubballi 7643.757 614.56 307.28 0 0
Kundgol 4646.06 373.54 186.77 270.64 72.45
Navalgund 8627.171 748.25 374.12 8.86 1.18
Total 21778.74 1803.40 901.70 409.98 22.73
79
Therefore, it is requested to look into the matter on humanitarian ground and issue necessary directions to AIC to provide some relief to the farmers with amicable formula as decided by GOI"
34. As could be seen from the said letter of the Additional Chief Secretary, it is admitted that the State had experienced delayed monsoon and sudden excess rainfall during August which had resulted in crop loss in Dharwad District in onion (irrigated and rainfed) and chilly (irrigated and rainfed) crops, but the actual pay- outs made as per the term-sheets did not express the actual yield loss which had resulted in an agitation by the farmers which disturbed the administration to a very large extent.
35. Yet another factor which is required to be noticed here is that in respect of onion crops, for Hubballi and Navalgund Taluka, there were zero claims and in respect of Chilli crops, for Hubballi Taluka, there were zero claims and in respect of Navalgund Taluka there was a 80 paltry claim for Rs.8.86 lakhs. If these numbers are compared with neighbouring Talukas of Dharwad and Kundgol, where terms sheets adopted were different, claims to the tune of Rs.1.3 crores and Rs.2.70 crores were paid, it becomes clear that the farmers of those Talukas secured the benefit of WBCIS, while the farmers of the Hubballi and Navalgund Talukas were deprived of the benefit of WBCIS. It also becomes obvious that this anomaly was only because of the improper term-sheets which were adopted in respect of these Talukas.
36. It was also acknowledged that the issue had been raised several times in the State Assembly by the representatives of the area and the matter had also been discussed in detail and the Agricultural Insurance Company of India (AIC) was also requested to pay the claims of the farmers as per the modified term-sheets since there was admittedly a crop loss due to heavy rainfall during August 2014.
81
37. It is also forthcoming from the said letter that since the AIC had informed the State that the matter should be taken up to the Government of India, the Chief Secretary was addressing the letter to the Government of India requesting it to look at the matter on humanitarian grounds and issue necessary directions to AIC.
38. Pursuant to an order passed by this Court, an affidavit dated 23.02.2013 has been filed by the Under Secretary to the Government of India on 01.03.2013. In the said affidavit, it has been stated as follows:
"3. That the respondent submits that the State Govt of Karnataka following the letter dated 12.1.2016 has not sent any reminder till the e- mail dated 2.12.22 (Annexure I) followed by another reminder dated 12.12.2012 (Annexure II). In between six years have elapsed and the State Govt of Karnataka got also enough opportunities to raise the issue in various meetings, video conferences about pending issues regarding claims, release of subsidy and other issues. Further in letter dated 12.1.2016 82 State Government has requested to look into the matter on humanitarian grounds and issue necessary directions to AIC to provide some relief to the farmers with amicable formula as decided by GOI. In this regard it is submitted that the question of any alternative formula doesn't arise as the claims are to be settled as per the guidelines and the term sheets are the responsibility of State Govt therefore GOI has no role in the matter."
39. As could be seen from the above, the State has merely addressed a letter and two reminders and has not taken any further steps to persuade the Union of India. The Union of India has washed its hands of the problem stating that there was no question of any alternative formula since the claims would be settled as per the guidelines and that the term-sheets were the responsibility of the State Government. In short, both the State and the Union have virtually abdicated their responsibilities by blaming each other and have turned a blind eye to the crop loss suffered by the farmers who 83 had paid a premium to insure themselves against a crop loss due to adverse weather conditions.
40. The State contends that the Union should give a direction to the implementing insurance company, whereas the Union of India has taken the stand that the term-sheets were the responsibility of the State Government, and it had no role to play in the matter. As a result of this standoff between the State and the Union, the farmers have been left in the lurch despite the admitted fact that they had suffered crop loss because of adverse weather conditions which was not reflected in the improperly designed and accepted term- sheets.
41. As stated above, if the very basis of the scheme is to ensure that the farmer does not suffer a loss due to adverse weather conditions, by the stand taken by the respondents, it is clear that despite there being an admitted adverse weather conditions resulting in a crop 84 loss, the farmers, who had paid the premium to cover such a loss, are deprived of any benefit.
42. As noticed above, in respect of the very same crop different term-sheets were prepared and even according to the State authorities, the manner in which the term- sheets had been prepared and the parameters that had been set forth in the term-sheets were improper and did not reflect the actual loss caused to the farmers.
43. It is also forthcoming that in certain Talukas due to the term-sheets that are prescribed for the same crop, the farmers are compensated for the excess rainfall, but in some Hoblis, since the measurement of rainfall was not segregated into three phases, and the rainfall across one particular period was only concentrated, the farmers were deprived of any financial benefit despite suffering financial loss.
44. In my view, therefore, having regard to the admitted fact that the farmers had paid premium and 85 they were not given the benefit in view of the improper term-sheets that had been prepared and the improper parameters that had been determined, this would be an appropriate case to issue directions to the State to constitute an Internal Committee at district level comprising of Deputy Commissioner, Chief Executive Officer, Joint Director of Agriculture, Deputy Director of Horticulture, university Scientists, etc. for preparation of suitable need based term-sheets as opined in meeting dated 18.09.2015.
45. As suggested in this meeting, the Scientists of the Agricultural and Horticultural Universities should be called upon to give crop wise and phase wise triggers for term-sheets preparation. The State shall ensure that such term-sheets are prepared within a period of three months from the date of receipt of a copy of this order.
46. The Internal Committee shall take into consideration the term-sheets adopted for the neighbouring Talukas of Dharwad and Kundagol which 86 resulted in payouts to the farmers of the said Talukas in respect of the same crops.
47. The argument that the term-sheets cannot be altered since the event has already transpired and the farmers had accepted the term-sheets, is an argument which is required to be stated only to be rejected.
48. In support of an argument that the petitioners are estopped from challenging the term-sheets, reliance was placed on the decisions in the case of MARRIPATI NAGARAJ & OTHERS Vs. GOVERNMENT OF A.P. & OTHERS - (2007) 11 SCC 522 and in the case of ASHOK KUMAR & ANOTHER Vs. STATE OF BIHAR - (2017) 4 SCC 357. It is to be stated here that the petitioners are fundamentally questioning the term-sheets that are prepared stating that they have been prepared contrary to the Scheme itself and in such an event, the question of estoppel would never arise.
87
49. In support of an argument that in exercise of power of judicial review, this Court cannot entertain this writ petition, reliance was placed on the decisions in the case of G.J.FERNANDEZ Vs. STATE OF MYSORE - (1967) 3 SCR 636 and in the case of UFLEX LIMITED Vs. GOVERNMENT OF TAMIL NADU & OTHERS - (2022) 1 scc 165. It is to be stated here that the petitioners have pointed out that the basic requirement of preparing the term-sheets in accordance with the Scheme was not adhered to and since it is found that the term-sheets as envisaged under the Scheme has not been furnished, it would become necessary for this Court to interfere under Article 226 of the Constitution of India and ensure that the Scheme as envisaged is implemented in its entirety.
50. As noticed above, the term-sheets were not prepared in terms of the Scheme, more particularly sub- clause (iii) of Clause 25.2 of the Scheme. If the term- sheets itself were not prepared by the State Government and the State Government had merely accepted the 88 term-sheets submitted to it by the Insurance Companies on the basis of the highest pay-outs it had been made, in the light of the Scheme envisaged, there were no term- sheets at all prepared.
51. The preparation of the term-sheets afresh at this point of time would also not cause any prejudice to the Insurance Companies since the weather data as required under the Scheme is admittedly available, both for the historical period and also for the year 2014. All that the term-sheets would have to indicate is the requisite parameters to be applied and if the appropriate parameters/triggers are applied to the available data, the pay-outs can be easily worked out and disbursed to the farmers even at this stage.
52. It is to be borne in mind that the State is dealing with farmers who are entirely dependent on the crops that they raise and the very purpose of taking out an insurance on the crops keeping in mind the adverse 89 conditions would be defeated, if justice is not rendered to them.
53. It should also be borne in mind that a denial by the State to the farmers despite the State admitting that there was a crop loss due to adverse weather conditions would result in a situation where the farmers would not be forthcoming for such schemes in future. Therefore, in the larger interest of justice and equity, it would be imperative for the State to prepare fresh term-sheets in accordance with the suggestions made by the Scientists, apply the same and thereafter, disburse the compensation to the farmers in the light of the admitted fact that there had been a crop loss due to adverse weather conditions.
54. In the result, the writ petitions are allowed, and the impugned term-sheets are quashed.
55. The State Government is directed to constitute an Internal Committee at district level comprising of the 90 Deputy Commissioner, Chief Executive Officer, Joint Director of Agriculture, Deputy Director of Horticulture, University Scientists, etc., for preparation of suitable need based term-sheets as opined in the meeting dated 18.09.2015. As suggested in this meeting, the Scientists of the Agricultural and Horticultural Universities should be called upon to give crop wise and phase wise triggers for term-sheets preparation.
56. The State shall ensure that such term-sheets are prepared within a period of three months from the date of receipt of a copy of this order.
57. The Internal Committee shall take into consideration the term-sheets adopted for the neighbouring Talukas of Dharwad and Kundagol which resulted in pay-outs to the farmers of the said Talukas in respect of the same crops.
58. The term-sheets so prepared shall be applied to the cases on hand and the AIC shall thereafter make pay- 91 outs to the petitioners herein within a period of two months from the date on which the Committee prepares the term-sheets as directed above.
Sd/-
JUDGE PKS