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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.34417/2017 (LB - RES)

BETWEEN

SMT. G. PREMALATHA

W/O. V.M. VENKATESHAPPA

AGED ABOUT 40 YEARS

R/AT: VITTAPPANAHALLI VILLAGE

HUTHUR HOBLI

KOLAR TALUK

KOLAR DISTRICT 3 563 103

... PETITIONER

[BY SRI. DEEPAK J., ADVOCATE

(PHYSICAL HEARING)]

AND

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

HORTICULTURE DEPARTMENT

VIDHANA SOUDHA

BENGALURU 3 560 001

2.

THE DEPUTY DIRECTOR

DEPARTMENT OF HORTICULTURE

ZILLA PANCHAYATH

D.C. COMPOUND

KOLAR 3 563 101

3.

THE SENIOR ASSISTANT DIRECTOR

OF HORTICULTURE

2

DEPARTMENT OF HORTICULTURE

ZILLA PANCHAYATH

D.C. COMPOUND

KOLAR 3 563 101

4.

THE MANAGER

SYNDICATE BANK

KOLAR 3 563 101

5.

CHIEF EXECUTIVE OFFICER

ZILLA PANCHAYATH

KOLAR 3 563 101

... RESPONDENTS

[BY SMT. PRATHIMA HONNAPURA, AGA FOR R1 TO R3;

(PHYSICAL HEARING)

SRI. B.J. SOMAYAJI, ADVOCATE FOR R5;

(VIDEO CONFERENCING)

R4 3 SERVED]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE ORDER DATED 18.3.2017 PASSED BY THE R-

5 VIDE ANNEXURE-J AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING 8B9 GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

The petitioner is before this Court calling in

question proceedings of a Committee of respondent No.5

- Chief Executive Officer dated 18.03.2017.

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2.

Heard Sri. Deepak J., learned counsel

appearing for the petitioner, Smt. Prathima Honnapura,

learned Additional Government Advocate appearing for

respondent Nos.1 to 3, Sri. B.J. Somayaji, learned

counsel appearing for respondent No.5 and perused the

material on record.

3.

Brief facts leading to the filing of the present

writ petition as borne out from the pleadings are as

follows:

The State Government introduced Krishi Bhagya

Scheme (hereinafter referred to as 8the Scheme9 for

short) in the year 2014-15 with an objective to increase

production soil and moisture conservation and efficient

rain water management with adoption of micro

irrigation and boost the economic condition of dry land

farmers under the Scheme to grow various vegetables

and also cultivation of flowers in Kolar district.

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4.

It

transpires

that

44-47

shade

net

houses/poly houses have been constructed from

2014-15 to 2017-18 with Government assistance. In

terms of the Scheme, the petitioner applied for a work

order of construction of shade net house/poly house

under the said Scheme. On scrutiny of the application

given by the petitioner, a work order was issued on

17.02.2016 allotting Sy.Nos.8/3, 8/4 and 8/5 to the

extent of 4,000 square meters for construction of a

shade net house/poly house. Pursuant to the work

order being issued to the petitioner, it transpires that

the petitioner delegated the said work to one Vinaya

Enterprises for construction of Shade net house/poly

house in the 4000 square meters that the petitioner was

allotted under the Scheme and for the investment of

construction of the shade net house/poly house.

5.

The petitioner approached Syndicate Bank

on the hope that the petitioner would be entitled to the

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subsidy that the Scheme would enure to her benefit.

After the completion of the work, a completion

certificate is also issued in favour of the petitioner. What

remained was the receipt of subsidy amount from the

hands of the State under the Scheme.

6.

At that juncture, the first respondent -

Government comes to know that husband of the

petitioner was also an applicant under the same

Scheme for the same year and for the same extent of

land in a different survey number and was also given a

work order and completion certificate and the approval

for having completed the work and release of subsidy.

7.

It transpires that the husband of the

petitioner did get the subs