Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26989 WP No. 448 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 448 OF 2024 (GM-RES)
BETWEEN:
1. GURUBASAPPA S/O CHANAPPA, A AGED ABOUT 58 YEARS, AGRICULTURIST, R/AT HEREKABBIGERE VILLAGE, TURUVANOORU HOBLI, CHITRADURGA TALUK - 577 517 … PETITIONER (BY SRI. B K MANJUNATH., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP BY ITS SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, M.S BUILDING, DR. AMBEDKAR BEEDHI, BANGALORE - 560 001
2.
THE COMMISSIONER OF AGRICULTURE AGRICULUTURAL DEPARTMENT, SHESHADRI ROAD, BANGALORE - 560 009
3.
THE JOINT DIRECTOR OF AGRICULTURE AGRICULTURAL DEPARTMENT, APMC ROAD, CHITRADURGA TOWN - 577 501
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26989 WP No. 448 of 2024
4.
THE DEPUTY DIRECTOR OF HORTICULTURE CHITRADURGA ZILLA PANCHAYATH CHITRADURGA DISTRICT - 577 501
5.
THE ASSISTANT DIRECTOR OF AGRICULTURE AGRICULTURAL DEPARTMENT CHITRADURGA - 577 501
6.
THE SENIOR ASST DIRECTOR OF HORTICULTURE CHITRADURGA ZILLA PANCHAYATH CHITRADURGA DISTRICT - 577 501 … RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3 & R5;
SRI PRAVEEN KUMAR N., ADVOCATE FOR R4 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PRASSED BY THE R3 BEARING JA KRU NE/CHI/THA A-1/ADEE/KRU E/CHI/KRU BHA/MAM A 12/2016-17 VIDE ANNEXURE-H DATED 17.02.2017 BY ISSUING A WRIT OF CERTIORARI AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: a) Quash the order prassed by the 3rd respondent bearing JA KRU NE/CHI/THA A-1/ADEE/KRU E/CHI/KRU BHA/MAM A 12/2016-17 vide Annexure- H dated 17.02.2017 by issuing a writ of certiorari. b) Issue a writ of mandamus directing the respondents to release the balance of subside amount of Rs.11,57,600/- along with interest at
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HC-KAR NC: 2026:KHC:26989 WP No. 448 of 2024
6% P.A. from the date of completion of the work till payment forthwith to the petitioner. c) Issue such other appropriate writ or order or direction as this Hon'ble Court deems fit under the circumstance of the case in the interest of justice.
2.
Learned counsel for the petitioner submits that similar issue has been decided by a Co-ordinate Bench of this Court vide its order dated 18.08.2021 in W.P.No.5003/2021.
3. There is no particular dispute as regards the same by the learned AGA and the applicability of the said
judgment to the present matter.
4. In that view of the matter, I pass the following:
ORDER i) Writ petition is allowed. ii) It is held that the petitioner is eligible to 90% of the amount as subsidy. The respondents are
directed to make payment of the balance subsidy after taking into account the payment already made. They said payment to be made
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HC-KAR NC: 2026:KHC:26989 WP No. 448 of 2024
within a period of 60 days from the date of receipt of certified copy of this order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
KTY/List No.: 1 Sl No.: 55