IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos. 48263 AND 48264 OF 2013 (GM-RES) Between:
Sri B.C. Ramachandrarajeurs S/o late B.C. Chamarajeurs Aged about 67 years R/a: Barse village and post Bettadapura Hobli Periyapatna Taluk Mysore District-572201. …Petitioner (By Sri. Suneel S. Narayan, Advocate) And:
1. The Chairman Head Office Tobacco Board Guntur City Andrapradesh State-510004.
2. The Auction Superintendent Tobacco Board, Plot Form No.5 Kaggundi Village, H.H. Bagilu Post Periyapatna Taluk Mysore District-571107.
3. Director (Auctions) Tobacco Board No.1/9, 3rd Cross, CCI Compound 4th Floor, Unity Building Annex Bangalore-560027.
4. B.B. Vasanthachari S/o Late Basavachari Aged about 50 years Barsekoppalu Village Barse Post Periyapatna Taluk Mysore District-572201. … Respondents (By Sri.Santhoshraj C Deshamukh, Advocate for Sri V.M. Sheelvant, Advocate for R1to R3 R4 is served but unrepresented) These Writ Petition are filed under Article 226 of the Constitution of India praying to direct the respondent No.1 to 3 Boards to cancel the transfer of petitioner’s TBGR pass book bearing TBGR license No.5/006/011 presently standing in the name of respondent No.4 and etc.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R In these writ petitions, the petitioner is seeking direction to respondent Nos. 1 to 3 Boards to cancel the registration of the TBGR pass book bearing licence No.5/006/011 presently standing in the name of respondent No.4 and also direct them to register the TBGR in the name of the petitioner.
2. The brief facts of the case are that the petitioner was a tobacco grower. In the year 1985, he has approached the respondent Nos. 1 to 3 for issuance of TBGR licence. After satisfying the conditions, on consideration, respondent Nos. 1 to 3 issued a Tobacco Board Grower’s Pass Book (TBGP) on 05.07.1985 under TBGR licence No.5/006/011. Therefore, the petitioner was marketing the Tobacco proceeds in respondent No.2’s Auction Yard. Meanwhile, the tobacco barn of the petitioner was heavily damaged during the year 1988 due to heavy rainfall and natural calamities and during the said year, petitioner suffered from paralysis stroke and he was bed ridden for nearly 3-4 years. As the tobacco barn was damaged and petitioner was bed ridden, due to the above said health problem, petitioner could not repair the tobacco barn and make it fit for tobacco curing. After recovery from his health in the year 1988, petitioner has made a representation for renewal of pass book for the year 2004.
3. It is learnt that the TBGR pass book bearing licence No.5/006/011 was registered in the name of the respondent No.4. Hence, the petitioner has approached this Hon’ble Court.
4. Sri Suneel S. Narayan, learned counsel for petitioner submits that during the year 1988 due to heavy rainfall and natural calamities and also petitioner suffered from paralysis stroke, and was bed ridden, he was unable to grow the tobacco. Immediately after recovery from the paralysis, he has applied for renewal of his licence.
5. Per contra, learned counsel for respondents submit that the guidelines issued by the Tobacco Board for renewal of Tobacco growers’ licence in Clause 13 relating to break in registration of cases is if the growers’ have broken registration for more than three years, their licence cannot be renewed. They have to apply for fresh registration.
6. Heard learned counsel for the parties.
7. It is not in dispute the petitioner was a tobacco grower and he has obtained licence in TBGR bearing No. 05/006/011 in the year 1985. Subsequently, due to heavy rainfall and natural calamities and also he has suffered paralysis, he could not grow the tobacco. After recovering from his health, he has filed an application in the year 2004 for renewal. As per the guidelines issued by the Board Clause 13(5), it is very clear that application for growers who have broken registration for more than 3 years/seasons are to be refused.
8. In view of the guidelines issued by the Board, petitioner’s application for renewal of licence cannot be renewed. Only remedy for petitioner is to file a fresh application for registration. The petitioner is not entitled for relief sought for in these writ petitions.
Accordingly, writ petitions are dismissed with liberty to the petitioner to file a fresh application for registration.
Sd/- JUDGE ssd/gjm