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2026 DAILYLAW 34093 (KAR)

PARAMESH NAIK v. THE STATE OF KARNATAKA

WP/5688/2023 · 2026-08-07

M G S Kamal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010129442023 NC: 2026:KHC:41894 WP No. 5688 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5688 OF 2023 (GM-RES) BETWEEN: PARAMESH NAIK SON OF BHAJANA NAIK, AGED ABOUT 52 YEARS, AGRICULTURIST, RESIDING AT KUDINEERU KATTE VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT- 577 539. …PETITIONER (BY SRI. N. KUMARASWAMY, ADVOCATE FOR 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 AGRICULTURE DEPARTMENT, SHESHADRI ROAD, BANGALORE 560 009. 3. THE JOINT DIRECTOR OF AGRICULTURE AGRICULTURE DEPARTMENT, APMC ROAD, CHITRADURGA TOWN - 577 501. 4. THE DEPUTY DIRECTOR ORF HORTICULTURE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010129442023 NC: 2026:KHC:41894 WP No. 5688 of 2023 CHITRADURGA ZILLA PANCHAYATH, CHITRADURGA DISTRICT 577 501. 5. THE ASSISTANT DIRECTOR OF AGRICULTURE AGRICULTURE DEPARTMENT, CHITRADURGA 577 501. 6. THE SENIOR ASST DIRECTOR OF HORTICULTURE CHITRADURGA ZILLA PANCHAYATH, CHITRADURGA DISTRICT 577 501. …RESPONDENTS (BY SRI. M. SRINIVAS KUMAR, HCGP FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDSQUASH THE SANCTION ORDER DATED 22.04.2016 PASSED BY THE R-4 VIDE ANNX-H BY ISSUING A WRIT OF CERTIORARI.ISSUED A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RELEASE THE BALANCE OF SUBSIDE AMOUNT OF RS.11,45,945 ALONG WITH INTEREST FORTHWITH TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR CNR: KAHC010129442023 NC: 2026:KHC:41894 WP No. 5688 of 2023 ORAL ORDER 1. Petitioner seeking benefit of subsidy under a scheme formulated by the Government of Karnataka with the aid of the Central Government to grow high value vegetables and other agricultural products by implementing shade net house is before this Court seeking following reliefs: ''a) Quash the sanction order dated 22.04.2016 passed by the 4th respondent vide Annexure-H by issuing a writ of certiorari. b) Issue a writ of mandamus directing the respondents to release balance of subsidy amount of Rs.11,45,945/- along with interest forthwith to the petitioner. c) Issue such other appropriate writ or order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice.'' 2. Learned counsel for the petitioner submits that the issue involved in this matter is covered by the Order dated 18.08.2021 passed by the Co-ordinate Bench of this Court in W.P.No.5003/2021, which is followed by another order dated 21.02.2026 of the Co-ordinate Bench of this Court in W.P.No.23619/2025. As such, he seeks similar benefit be extended to the petitioner in the instant case. - 4 - HC-KAR CNR: KAHC010129442023 NC: 2026:KHC:41894 WP No. 5688 of 2023 3. Facts of the case is that in furtherance to the aforesaid scheme, petitioner has constructed a shade net house measuring 4,000 Sq.mtrs., even as evident by the inspection report produced at Annexure-G to the writ petition. 4. The impugned order dated 22.04.2016 produced at Annexure-H, though does not dispute petitioner having put up construction of 4,000 Sq.mtrs., of shade net under the scheme, has only directed further confirmation, if the said construction was as per the guidelines issued by the National Agricultural Mission. 5. The facts narrated above are identical to the facts subject matter of the writ petition in W.P.No.5003/2021. In that view of the matter, petitioner is entitled for similar relief as granted in the said writ petition. 6. Accordingly, following: - 5 - HC-KAR CNR: KAHC010129442023 NC: 2026:KHC:41894 WP No. 5688 of 2023 ORDER (i) Petition is allowed. (ii) Impugned order dated 22.04.2016 passed by the respondent No.4 produced at Annexure-H is hereby quashed. (iii) Respondent-Authorities shall calculate and pay the subsidy amount, which the petitioner is entitled to in terms of the scheme within an outer limit of eight (8) weeks from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 6