Petitioner filed a writ petition for quashing of a sanction order and seeking release of balance subsidy under Krishi Bhagya Yojane. Court directed State to release balance subsidy plus 6% interest from completion date.
Direction to calculate and disburse balance subsidy with 6% p.a. interest from date of completion of work.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:41141 WP No. 14303 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 14303 OF 2023 (GM-RES)
BETWEEN:
HANUMANTHAPPA S/O SANNA HANUMANTHAPPA AGED 66 YEARS, AGRICULTURIST R/AT YALAGODU VILLAGE BARAMASAGARA HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 529
…PETITIONER
(BY SRI. B K MANJUNATH, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:41141 WP No. 14303 of 2023
…RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SANCTION ORDER DATED 20/03/2017 PASSED BY THE R4 BEARING NO THO U NI/ZP/CHIDU/THASA-1/KRUBHAYO/ 212/2016-17 DATED 20/03/2017 VIDE ANNEXURE-H BY ISSUING A WRIT OF CERTIORARI. DIRECTING THE RESPONDENTS TO RELEASE THE BALANCE OF SUBSIDE AMOUNT OF RS 11,74,000/- ALONG WITH 6 PERCENT P A INTEREST FORTHWITH TO THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
" PRAYER
WHEREFORE , the petitioner prays that this Hon'ble Court may be pleased to call for records and :
a) Quash the sanction order dated 20.03.2017 passed by the 4th respondent bearing No.THO U NI/ZP/CHIDU/THASA-1/KRUBHAYO/212/2016-17
dated 20.03.2017 vide Annexure-‘H’ by issuing a writ of certiorari.
b) Issue a writ of mandamus directing the respondents to release the balance of subsidy amount of Rs.11,74,000/- along with 6% p.a., 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"
submits that identical endorsement which had become a subject matter of challenge in W.P.No.5003/2021, is quashed and a direction is issued for payment of the remaining subsidy along with interest.
NC: 2023:KHC:41141 WP No. 14303 of 2023
amount of Rs.4,51,350/- forthwith to the petitioner.
2. On 11.08.2021, the following order was passed:-
“Respondent No.4-The Deputy Director of Horticulture, Chitradurga Zilla Panchayat, Chitradurga district is hereby directed to file affidavit in furnishing the details of the matter and also what is the last date to complete the project work. Further, when completion certificate is issued to the petitioner that he has undertaken the project on 01.01.2016 and it is completed on 20.04.2016 and whether inspection was conducted on 05.06.2021 after issuing number of directions in the present case is correct or not? He is also hereby directed to appear in person along with records before this Court on the next date of hearing.
I.A.No.1/2021 for impleading Chief Executive Officer do not survive for consideration in view of the order dated 23.07.2021.
Re-list this petition on 18.08.2021.”
3. Today, respondent No.4-The Deputy Director of Horticulture, Chitradurga Zilla Panchayat, Chitradurga District is present before this Court and has filed an affidavit dated 18.08.2021. Paragraph Nos.3 to 5 of the affidavit reads as under:-
“3. I submit that, during 2015-16 as per the guidelines of the project dated 29.07.2015 of Krishi Bhagya Yojane, the unit cost of shade net is Rs.710/- per square meter and cropping pattern Rs.140/- per square meter, based on the same, I issued work Order to petitioner on 21.12.2015, for construction of Shade Net in his land of area 1500 square meter, the petitioner belongs to Schedule Tribe Community hence as per the guidelines he is
NC: 2023:KHC:41141 WP No. 14303 of 2023
eligible for 90% subsidy, for 1500 Square Meter Total Unit Cost-Rs.10,65,000/- (Shade Net) and Rs.2,10,000/- (Cropping pattern) Total Unit Cost - Rs.12,75,000/-. As per the work order petitioner is eligible for 90% subsidy of amount at Rs.11,47,500/-. The petitioner has started construction of Shade Net work against Work Order on 21.12.2015 and partially completed work on 20.04.2016 for which he received subsidy of Rs.4,79,250/- on 40.06.2016 and after for adaption of high value vegetable production Rs.2,16,900/on 22.03.2017, Total Subsidy Amount of Rs.6,95,250/- is received by petitioner.
4. I submit that, as per the krishi Bhagya yojane/National Horticulture Mission Guidelines from the date of issue of work order, within 15 days the petitioner should start the work and within 45 days one should complete the work and also the work order is issue with clear terms and conditions. The Petitioner got work order on 21.12.2015 and submitted the proposal to claim subsidy on 20.04.2016.
5. I submit that, the Inspection was conducted on 05.06.2021 and visited the petitioner’s land situated at vaddarasiddavvanahally, Chitradurga District, to get the feedback of the project by the petitioner. The main object of the project is to improve the economic status of the Farmers. During inspection of the said land it was observed that the Shade Net structure for which subsidy was availed is removed and petitioner agreed that he has removed the shade net structure. As per the records / documents the petitioner completed the Shade Net work on 20.04.2016 and the Government order dated 20.05.2016 stipulates that only if work is completed before 23.04.2016, the petitioner is eligible as per old cost norms, otherwise the petitioner would be eligible as per new norms.”
4. It is not disputed that petitioner is entitled to subsidy in terms of the policy decision of the Government. Therefore, he is eligible to 90% subsidy. Respondents
have disbursed subsidy of Rs.6,95,250/and the remaining amount is yet to be settled. In the result, petitioner was compelled to file this petition. On receipt of notice of this petition, respondents had undertaken inspection on 05.06.2021 instead of taking earlier inspection as and when he had completed his work. Completion report has been pointed out by the learned counsel for the petitioner vide Annexure-G wherein the affidavit filed by respondent No.4 is silent in respect of Annexure-G.
In the light of these facts and circumstances, concerned respondent is hereby directed to calculate balance subsidy amount and disburse the same along with interest at the rate of 6% p.a. from the date of completion of work till payment is made.
With the above observation, writ petition stands allowed.”
part of it, as is directed by the concerned Court, should be proved, as the petitioner is seeking quashment of an endorsement dated 20.03.2017 by filing a petition on 03.07.2023. Six years thereafter.
to all the agriculturists who were seeking subsidy was between 19.03.2017 and 20.03.2017. The first of the challenge came before this Court on in a petition filed in W.P.No.5003/2021. The challenge was accepted on 18.08.2021. When identical endorsement was quashed by this Court, it became the duty of the State to release the remaining subsidy to all similarly situated persons and not making every agriculturist to knock at the doors of this Court.
With the aforesaid observations, the writ petition stands
disposed.
Sd/JUDGE
KG
List No.: 2 Sl No.: 11
3 issues framed by the court
Whether the petitioner is entitled to the release of the balance subsidy amount along with interest
Whether state inaction on prior related orders entitles the petitioner to immediate release of dues
Whether interest should be paid at the rate of 6% p.a. from the date of completion of work
1 provisions across 1 enactments
Hanumanthappa S/O Sanna Hanumanthappa
The State of Karnataka
M. Nagaprashna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
