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2025 DAILYLAW 5973 (KAR)

GOPAL S/O. RAMAPPA KHOT v. THE STATE OF KARNATAKA

WP/103781/2024 · 2025-02-19

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3428 WP No. 103781 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103781 OF 2024 (GM-RES) BETWEEN: 1. GOPAL S/O. RAMAPPA KHOT, AGE. 56 YEARS, OCC. AGRIL., R/O. RADDERAHATTI, TQ. ATHANI, DIST. BELAGAVI -591240. 2. SUSHIL S/O. IRAPPA MANJARE, AGE. 42 YEARS, OCC. AGRIL., R/O. MOLAWAD, TQ. KAGWAD, DIST. BELAGAVI -591316. 3. RAJENDRA S/O. KALLAPPA TANPURE, AGE. 47 YEARS, OCC. AGRIL., R/O. INGALI, TQ. CHIKODI, DIST. BELAGAVI -591242. 4. RAMAGONDA S/O. NEMANNA ALATGE, AGE. 44 YEARS, OCC. AGRIL., R/O. INGALI, TQ. CHIKODI, DIST. BELAGAVI -591242. 5. RAMAGOUDA S/O. DADA BOLAWADE, AGE. 43 YEARS, OCC. AGRIL., R/O. MOLAWAD, TQ. KAGWAD, DIST. BELAGAVI -591316. 6. RAJARAM S/O. VITHOBA PAWAR, AGE. 45 YEARS, OCC. AGRIL., R/O. INGALI, TQ. CHIKODI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3428 WP No. 103781 of 2024 DIST. BELAGAVI- 591242. 7. SANJAY S/O. APPASAB SHINDE, AGE. 47 YEARS, OCC. AGRIL., R/O. INGALI, TQ. CHIKODI, DIST. BELAGAVI -591242. 8. BASGONDA S/O. BABU JAYAGONDE AGE. 65 YEARS, OCC. AGRIL., R/O. FARIDA KHANWADI UGARKHURD, TQ. ATHANI, DIST. BELAGAVI -591316. 9. ANNASAB S/O. AMASIDDA TELI, AGE. 53 YEARS, OCC. AGRIL., R/O. KEMPWAD, TQ. ATHANI, DIST. BELAGAVI -591234. …PETITIONERS (BY SRI MAHANTESH R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF AGRICULTURE, VIKAS SOUDHA, BENGALURU -560001. 2. DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI -590001. 3. THE JOINT DIRECTOR OF AGRICULTURE, BELAGAVI, DIST. BELAGAVI -590001. 4. THE ASSISTANT DIRECTOR OF AGRICULTURE, ATHANI, DIST. BELAGAVI -591304. 5. THE ASSISTANT DIRECTOR OF AGRICULTURE, CHIKODI, DIST. BELAGAVI -591201. - 3 - NC: 2025:KHC-D:3428 WP No. 103781 of 2024 6. THE ASSISTANT DIRECTOR OF AGRICULTURE, KAGWAD, DIST. BELAGAVI -591223. 7. THE AGRICULTURE OFFICER, FARMER CONTACT CENTER KAGWAD, DIST. BELAGAVI -591223. 8. THE AGRICULTURE OFFICER, FARMER CONTACT CENTER, ATHANI, DIST. BELAGAVI -591304. 9. THE AGRICULTURE OFFICER, FARMER CONTACT CENTER CHIKODI, DIST. BELAGAVI -591201. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO I) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATIONS OF THE PETITIONER WIDE ANNEXURE A SERIES AND GRANT SUBSIDIES TO THE PETITIONERS FOR PURCHASING THE SUGARCANE HARVESTING MACHINES. II) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF PETITIONERS VIDE ANNEXURES-D TO D DATED 11/3/2024, 11/3/2024 AND 29/5/2024 AND PROVIDE SUBSIDY TO THE PETITIONERS ON PAR WITH OTHER PERSONS WHO HAVE BEEN GIVEN BENEFIT OF SUBSIDIES. III) ISSUE ANY OTHER WRIT OR DIRECTION TO THE RESPONDENT AUTHORITY TO INCLUDE THE PETITIONERS ALSO UNDER THE PRESENT SCHEME FOR SUBSIDY FOR THE YEAR 2023-24. (IV) ISSUE ANY OTHER WRIT OR DIRECTIONS AS DEEM FIT BY THIS HON’BLE COURT. - 4 - NC: 2025:KHC-D:3428 WP No. 103781 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners/sugarcane growers are at the doors of this Court seeking the following prayers: (i) Issue writ in the nature of mandamus directing the respondents to consider the applications of the petitioner wide Annexure A series and grant subsidies to the petitioners for purchasing the sugarcane harvesting machines. (ii) Issue writ in the nature of mandamus directing the respondents to consider the representation of petitioners vide Annexures-D to D dated 11/3/2024, 11/3/2024 and 29/5/2024 and provide subsidy to the petitioners on par with other persons who have been given benefit of subsidies. (iii) Issue any other writ or direction to the respondent authority to include the petitioners also under the present scheme for subsidy for the year 2023-24. (iv) Issue any other writ or directions as deem fit by this Hon’ble court. 2. Heard Sri Mahantesh R. Patil, learned counsel for petitioners and Smt Kirthilata R. Patil, learned HCGP for the respondents No.1 to 9. - 5 - NC: 2025:KHC-D:3428 WP No. 103781 of 2024 3. It is the case of the petitioners that the Government introduced a scheme for providing subsidies to sugarcane harvesters. The petitioners as observed hereinabove are all sugarcane growers and harvested sugarcane for the years 2023-2024. Claiming subsidy for such harvest, the petitioner submitted representations to the respondent-State in the year 2024. Non-consideration of those representations, has driven these petitioners to this Court in the subject petition. 4. The learned HCGP would on instruction submit that if reasonable time is granted, the representations of the petitioners would be considered an appropriate orders would be passed in accordance with law. 5. In the light of the said submission, without going into the merit of the claim of petitioners, I deem it appropriate to direct the respondent-State to consider the representations submitted for the purpose of getting benefit under the scheme and pass necessary orders in - 6 - NC: 2025:KHC-D:3428 WP No. 103781 of 2024 accordance with law within eight weeks from the date of receipt of a copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 90