2008 Supreme(Kar) 820
P.D. DINAKARAN, C. J. AND V.G. SABHAHIT, J.
Smt. Puttamma
Versus
State of Karnataka & Anr.
W.P. No. 11932 of 2008
Decided on : 10-12-2008
Aravind Kamath & Almt Legal Advocates, for Petitioner; Udaya Holia, Advocate General, for Smt. Niloufer Akbar, for Respondents
Headnote:CONSTITUTION OF INDIA - Article 14: [P.D.Dinakaran, C.J. & V.G.Sabhahit,J] Reasonable classification - Government Order declared subsidy only to dairy farmers who vend milk to dairy co-operative society - Said order was challenged by petitioner ’Sangha’ vending milk to private dairies on ground that providing subsidy only to farmers who supply milk to co-operative society and not to private dairies is arbitrary and violative of Article 14 - Held, classification made in Government order is founded on intelligible differentia. Said differentia has a rational nexus with object of Government order viz. to promote sale of milk to Co-operative Societies. Thus conditions of classification under Article 14 are satisfied. Hence impugned Government order is not arbitrary. Petitioners cannot claim subsidy as a matter of right. However they could sell milk to any dairy co-operative society near their village or otherwise form themselves into a dairy co-operative society in order to get subsidy.
CONSTITUTION OF INDIA - Article 226 : [P.D.Dinakaran, C.J. & V.G.Sabhahit,J] Writ jurisdiction - Interference with Government Order providing for payment of subsidy -Limited scope - Held, Fixing tariff and providing subsidy is essentially a matter of policy which cannot be interfered with. Writ Court is not an Appellate Court. Only thing writ Court has to ensure is Government order cannot be interfered with unless same is violative of fundamental right or arbitrary or ex facie bad in law.
SABHAHIT, J. :-This public interest litigation is filed by Smt. Puttamma w/o., Ishwara Shetty, Prathinidhi- I, Sri Anjaneya swamy Stree Shakti Swashaya Sangha, Nandihalli, Arasikere Taluk, Hassan District, being aggrieved by the Government Order dated 8-9-2008 issued by the second respondent-Under Secretary, Department of Animal Husbandry and Fisheries, Government of Karnataka, declaring a subsidy of Rs. 2/- per litre of milk to those farmers who supply their milk to the Karnataka Milk Federation-Milk Federation and its constituents on the ground that it is violative of Arts. 14 and 19(1)(g) of the Constitution of India.
2. It is averred in the writ petition that the petitioner is directly affected by the impugned Government Order. However, the petitioner has approached this Court by filing a public interest litigation as the Government Order impugned in this petition would have wide ramifications that traverse beyond the private interest of the petitioner. It is averred that the petitioner is a dairy farmer and is dependent on the dairy farming activity for her livelihood. The petitioner is the Prathinidhi-I of an unregistered 'Self Help Group' of rural women based at Nandihalli village of Arasikere Taluk in Hassan District. The said Self Help Group has on its rolls 15 members, all of whom are women engaged in the activity of dairy farming who have purchased much cows after borrowing loan from Kalpatharu Kaveri Grameena Bank, Bageshpura Branch. The said Self Help Group is operating since 2004 and has been providing means of livelihood to its members and their family members. The members of the said welfare group collectively pool 150 litres of milk per day which is supplied to a private dairy based in Tiputur as there are no Dairy Co-operative Societies at Nandihalli. It is further averred that the concept of Dairy Co-operative Society originated from Anand in Gujarath and was adopted in Karnataka since 1983. Each Dairy Co-operative Society has members who are engaged in dairy farming and supply the milk to their respective societies. All the societies in a district are affiliated to the District Milk Union of such district. However, since fewer Dairy Co-operative Societies have been established in northern parts of the State, Societies of 2 or 3 districts are affiliated to a common District Milk Union. Accordingly, there are 13 District Milk Unions in Karnataka to which all the Dairy Co-operative Societies are affiliated regionally. The Dairy Co-operative Societies supply their milk to their respective District Milk Unions. All the District Milk Unions are affiliated to the Karnataka Milk Federation, which controls their functioning. The Dairy Co-operative Society are mainly concerned in the southern districts of the State and particularly in areas that are economically stronger and viable with better infrastructure facilities. Hence, though there are 28 districts in the State there are only 13 District Milk Unions of the Karnataka Milk Federation. It is further averred that the Dairy Co-operative Societies in the southern part of the State activities contribute about 80% of the total milk procured by the Karnataka Milk Federation from southern districts namely - Bangalore Rural, Tumkur, Kolar, Hassan, Mandya and Mysore and the societies in the remaining 22 districts of the State procure a meagre 20% of the total milk. It is further averred that private dairies have been established in view of the policies of the Central Government in early 1990s pursuant to economic liberalisation. The Private Dairies procure about 8 to 10 litres of milk through their farmers particularly in those areas where there are no Co-operative Societies. It is further averred that the present Government, in pursuance of its manifesto, had proposed in the budget speech delivered by the Hon'ble Chief Minister to pay a subsidy of Rs. 2/- per litre of milk supplied by a farmer. In the said speech, it is clearly stated that the object of paying th