IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.3010/2018 (GM-RES) BETWEEN :
Smt. Dalavayi Thimmakka W/o Dalavayi Thimmabovi Aged about 78 years Resident of Ganjalagunte Village J.G.Halli Hobli, Hiriyur Taluk Chitradurga District-572 143.
(By Sri K.Rama Bhat, Advocate) AND :
… Petitioner 1. The State of Karnataka Represented by its Secretary to Government, Agricultural Department, M.S.Building, Dr. Ambedkar Veedhi, Bengaluru-560 001.
2. The Commissioner of Agriculture Agricultural Department Sheshadri Road Bengaluru-560 001.
3. The Joint Director of Agriculture Agricultural Department APMC Road, Chitradurga Town, Chitradurga Taluk & District-577 501.
4. The Deputy Director of Horticulture Zilla Panchayath, Chitradurga, Chitradurga District.
5. The Asst. Director of Agriculture Agriculture Department Challakere Road, Hiriyur, Chitradurga District-572 143.
6. The Sr. Asst. Director of Horticulture Near Inspection Bungalow, Hiriyur, Chitradurga District-572 143.
… Respondents (By Smt.Prathima Honnapura, AGA for R1 to R3, R5 & R6; Notice to R4 – served & unrepresented ) This Writ Petition is filed under Article 226 of the Constitution of India praying to direct respondents to consider the representation dated 01.01.2018 made by the petitioner at Annexure-A and consequently direct the respondents to release the balance subsidy amount to the petitioner under old cost norms as per the work order 01.03.2016 at Annexure-D.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
O R D E R Mr.Rama Bhat K., learned counsel for the petitioner.
Smt.Prathima Honnapura, learned AGA for respondent Nos.1 to 3, 5 and 6.
The petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
2. In this writ petition under Article 226 of the Constitution of India, the petitioner inter alia seeks a direction to the respondents to consider the representation dated 1.1.2018 filed by the petitioner and to release the balance subsidy amount to the petitioner under old cost norms as per the Work Order dated 1.3.2016.
3. It has been averred in the writ petition that the petitioner belongs to SC Community, a farmer engaged in agricultural activities. It has been further averred that the Government of Karnataka with the aid of Central Government, formed a Scheme to grow high value vegetables and other agricultural products by implementing shadenet house. To promote the said Scheme, the State Government has issued orders and mentioned that 90% of the subsidy would be granted for the shadenet houses which were completed within 23.4.2016 as per the old cost norms.
4. It is case of the petitioner that the petitioner has completed the shadenet house within the time limit and no subsidy was sanctioned to her. However, only part of the subsidy amount was released in her favour. In this back ground, the petitioner has approached this Court.
5. Learned counsel for the petitioner submitted that the State Government has no authority to withhold the amount of subsidy which has already been sanctioned to the petitioner and therefore the respondents be directed to release the amount of subsidy which is due to the petitioner. It is also submitted by him that in this regard the petitioner has submitted a representation dated 1.1.2018 to the competent authority and the authority be directed to consider the said representation by a speaking order.
6. On the other hand, learned AGA submitted that suitable action on the representation submitted by the petitioner shall be taken.
7. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the competent authority of respondent Nos.1 to 3, 5 and 6 to consider and decide the representation dated 1.1.2018 submitted by the petitioner, if not already decided, and shall take a decision in accordance with law with regard to release of the balance of subsidy amount payable to the petitioner by a speaking order within three months from the date of receipt of certified copy of the order passed today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE *ck/-