Karnataka High Court
Shri.Mallappa Ningappa Parappanavar vs Union Of India on 5 January, 2015
Bench: Chief Justice, Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY 2015
PRESENT
THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION No.29719/2014 (GM-RES-PIL)
BETWEEN
1. SHRI MALLAPPA NINGAPPA
PARAPPANAVAR
AGED ABOUT 58 YEARS
OCC: AGRICULTURE
AT & POST SHIRAGOD
HANAGAL TALUK
HAVERI DISTRICT-581104
2. NEELAPPA MALLAPPA ITER
AGED ABOUT 56 YEARS
OCC: AGRICULTURE
HAMSABHAVI VILLAGE
TQ: HIREKERUR
HAVERI DISTRICT-581108
3. ADIVEPPA VEERAPPA ALADAKATTI
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
VIJAYANAGAR LAYOUT, HANAGAL
HAVERI DISTRICT-581104
4. SIDDANAGOUDA KENGANAGOUDA
CHANNAGOUDAR, AGED 53 YEARS
OCC: AGRICULTURE
AT & POST SHIRAGOD
HANAGAL TALUK
HAVERI DISTRICT-581104
2
5. RAVIGOUDA BASANAGOUDA PATIL
AGE: 57 YEARS, OCC: AGRICULTURE
AT & POST SHIRAGOD
HANAGAL TALUK
HAVERI DISTRICT-581104
6. JIKRIA AHMED MOHAMMAD GHOUSE
GONDI, AGE: 43 YEARS
OCC: AGRICULTURE
AT & POST SHIRAGOD
HANAGAL TALUK
HAVERI DISTRICT-581104
7. RAMAPPA TAMANAPPA POOJAR
AGE: 51 YEARS, OCC: AGRICULTURE
JAKKINAKOPPA VILLAGE
SHIRAGOD POST
HANAGAL TALUK
HAVERI DISTRICT-581104
8. KAREGOUDA TIPPANAGOUDA KALAGOUDAR
AGE: 55 YEARS, OCC: AGRICULTURE
AT & POST ARALESHWARA
HANAGAL TALUK
HAVERI DISTRICT-581105
9. SHIVAYOGI RAJASHEKARAIAH HIREMATH
AGE: 38 YEARS, OCC: AGRICULTURE
AT & POST SHIRAGOD, HANAGAL TALUK
HAVERI DISTRICT-581104
10. CHANDRAGOUDA BASANAGOUDA PATIL
AGE: 38 YEARS, OCC: AGRICULTURE
AT & POST ALUR, HANAGAL TALUK
HAVERI DISTRICT-581106
11. CHIDANANDAYYA S. HIREMATH
AGE: 40 YEARS, OCC: AGRICULTURE
MALAGUNDA VILLAGE
HANAGAL TALUK
HAVERI DISTRICT-581106
12. MALLANAGOUDA D. PATIL
AGE: 40 YEARS
YATHANAHALLI VILLAGE
3
HANAGAL TALUK
HAVERI DISTRICT-581106
13. CHANNABASAPPA NINGAPPA GANTI
AGE 50 YEARS, OCC: AGRICULTURE
MALAGUNDA VILLAGE
HANAGAL TALUK
HAVERI DISTRICT-581106
14. MALATESH PAKEERAPPA VALIKARA
AGE: 32 YEARS, OCC: AGRICULTURE
HAVANAGI VILLAGE
MULAGUNDA VILLAGE, HANAGAL TALUK
HAVERI DISTRICT-581106
15. VEERANAGOUDA C. CHANNAGOUDAR
AGE: 40 YEARS, OCC: AGRICULTURE
AT & POST SHIRAGOD
HANAGAL TALUK
HAVERI DISTRICT-581104
... PETITIONERS
(BY SRI M.CHAMARAJ, ADV.,)
AND
1. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
NEW DELHI-110 001
2. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HORTICULTURE AND
AGRICULTURE, VIDHANA SOUDHA
BANGALORE-01
3. REGIONAL MANAGER
AGRICULTURE INSURANCE COMPANY
OF INDIA LTD., REGIONAL OFFICE
NO.18, 3RD FLOOR
KARNATAKA PRADESH KRISHI SAMAJ
HUDSON CIRCLE, NRUPATUNGA ROAD
BANGALORE-01
4
4. AGRICULTURE INSURANCE COMPANY
OF INDIA LTD., 13TH FLOOR
AMBADEEP BUILDING, 14
KASTURBA GANDHI MARG
CONNAUGHT PLACE, NEW DELHI-110001
REP BY ITS GENERAL MANAGER
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO DIRECT THE RESPONDENT AUTHORITIES TO NOT TO
MAKE IT MANDATORY FOR THE LOANEE FARMERS AND
KEEP IT OPTIONAL TO ALL THE FARMERS AND ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
ORDER
D.H.WAGHELA, CJ (Oral)
1. The petitioners have approached this Court under Article 226 of the Constitution, stating vague difficulties and suggestions with regard to the crop insurance schemes devised by Agriculture Insurance Company of India Limited. The prayers made in the petition, styled as a public interest litigation, read as under:-
"The petitioners most respectfully prays to this Hon'ble Court please to, I. Issue writ of Mandamus directing the respondent authorities to not to make it mandatory for the loanee farmers and keep it optional to all the farmers.5
II. Issue Writ of Mandamus directing the respondents to issue scheme related documents to all the insured farmers for their specific crop with all scheme related details.
III. Issue Writ of Mandamus directing the respondents to collect the samples at village panchayath as sampling unit.
IV. Issue Writ of Mandamus directing the respondents to calculate the insurance claim amount on the basis of the actual yield and threshold yield as per request letter at Annexure-B dated 05.02.2014.
V. Issue any other writ or direction as this Hon'ble Court deems fit under these circumstances."
2. Learned counsel appearing for the petitioners, after arguing at some length, conceded that factual foundations or legal basis are not laid in the petition to issue any direction or writ in the nature of mandamus. He, however, submitted that the small and marginal farmers in Haveri District were facing several genuine difficulties and they were required to be voiced before the authorities concerned, including the respondents herein. Therefore, with a view to 6 making appropriate representation on the basis of precise facts and figures, the petition is not pressed for any order. Accordingly, it is disposed as not pressed with liberty to the petitioners to make appropriate representation before the authorities concerned.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv