M T THIMMEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition, the petitioner is assailing the legality and validity of the impugned order dated 30. 10. 2000 (Annexure-A) passed by the 2nd respondent-Deputy Commissioner, Mysore, in so far as the petitioner is concerned. Further, the petitioner has sought for a direction directing the respondents to pay the compensation for failed well under the Failed Well Compensation Scheme with interest at the rate of 18% p. a. from the date of eligible to till the payment is made. 2. The brief facts of the case are as under:

(2.) THE petitioner is an agriculturist and having agricultural lands at Mirle Village, K. R. Nagar Taluk, Mysore District. He had applied for loan to the 3rd respondent-Bank for the purpose of digging of open well. The 3rd respondent has considered the request of the petitioner and sanctioned the loan on the basis of the Geological report. But unfortunately, the well had failed and no water borne. When things stood thus, the petitioner has filed an application before the 3rd respondent and other competent authorities on 11. 5. 1987, to grant benefits under the Central Government Sponsored scheme for II Assistance to failed wells Compensation Fund. In pursuance of the said application, the Verification committee has sent recommendation to the Deputy Commissioner in the committee meeting held on 21. 12. 1993. The Deputy Commissioner, without conducting enquiry whether the petitioner is a big farmer (Dodda Hiduvalidara) or not has passed the order rejecting the petitioners request only on the ground that the 1 petitioner is a big farmer (Dodda Hiduvalidara) and he is not entitle for the benefit under the Failed Wells Scheme sponsored by the Central Government by its order dated 7. 1. 1994 (Annexure-D ). The petitioner being aggrieved by the order dated 7. 1. 1994 passed by the Deputy Commissioner, has filed Writ petition before this court in No. 35077/1995. The said writ petition was allowed by this court on. 22. 9. 1997, set aside the order passed by the Deputy Commissioner and remanded the matter to the Deputy Commissioner for reconsideration afresh. After the remand, the Deputy Commissioner has once again taken-up the matter for hearing. The Deputy Commissioner, after considering oral and documentary evidence and other materials available on file and after affording opportunity to the petitioner has rejected the petitioners request, for awarding compensation as provided under the Failed Wells Compensation Scheme, by referring the Notification dated 14th April 1987 issued by the Joint Secretary to the Government of India, Department of Agriculture and Co-operation, Krishi Shavan, New Delhi, held that the petitioner being a big farmer (Dodda Hiduvalidara) is not entitled to seek compensation under the Failed Wells Compensation Fund by its order dated 30. 10. 2000 (Annexure-A ). Feeling aggrieved by the order dated 30. 10. 2000 passed by the 2nd respondent, the petitioner has presented this writ petition.

(3.) HEARD the learned counsel for the petitioner and the learned Government Pleader for respondents 1,2 and 4.