Y. BASAVARAJ AND ORS. Vs. THE COMMISSIONER FOR CANE DEVELOPMENT & DIRECTOR OF SUGARS IN KARNATAKA AND ORS.

JUDGEMENT

(1.) Petitioners are sugarcane growers with their field situated within the Cane Command Area of respondent No. 3. The petitioners herein approached the 2nd respondent Deputy Commissioner seeking permission to transport the cane grown in the reserved area to the neighbouring factories i.e., other than to the factory run by 3rd respondent in this proceedings.

(2.) The reason for petitioners herein moving the 2nd respondent Deputy Commissioner for such an order is that, since 2002 -03, their dues for having supplied sugarcane is not paid by the 3rd respondent for several years viz., for the year 2002 -03, 2003 -04, 2006 -07, 2013 -14, 2014 -15. It is stated that though the 3rd respondent company is required to pay Fair and Remunerative Price (FRP) fixed by the Government of India they are not following the same, instead they are trying to negotiate with the farmers to settle the sugarcane price lower than the FRP settled by the Government, they are also not clearing the dues within 14 days from the date of supply of sugarcane. Instead they are paying the same in several instalments, and the same is being followed by them for the last several years. In the bargain, it is stated that, they have committed default in payment of balance amount due for various years as stated supra.

(3.) In the petition which was filed by them seeking permission to transport the sugarcane beyond the Cane Command Area of respondent No. 3, the Deputy Commissioner after hearing the petitioners and as well as 3rd respondent, proceeded to pass order dated 3.11.2015, wherein the requisition made by the petitioners herein and 292 other farmers came to be rejected, thereby they were forced to supply the sugarcane grown by them to the 3rd respondent herein. Being aggrieved by the said order, the petitioners herein have come up in these Writ Petitions.