PUTTAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS public interest litigation is filed by Smt. Puttamma 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 respon-dent-Under Secretary, Department of Animal husbandry and Fisheries, Government of karnataka, declaring a subsidy of Rs. 21- per litre of milk to those fanners 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 (l) (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 milch 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 lively hood 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 Gujarat 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 so-cieties 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 iff the budget speech delivered by the Hon'ble Chief Minister to pay a subsidy of Rs. 21- per litre of milk supplied by a farmer. In the said speech, it is clearly stated that the object of paying the subsidy was to encourage the 'farmers' who were engaged in dairy farming and were supplied milk and there was a general belief, pursuant to the budget speech that the subsidy would be extended to all farmers irrespective of whom they supply their milk. However, the news reports in several local dailies stated that the government is going to provide the said sub-sidy only to those farmers who supply their milk to the Dairy Co-operative Societies. Pursuant thereto various dairy farmers' organisations including the Karnataka State dairy Association protested the said proposal as it was discriminatory and representation was made to the Government through His holiness Sri Sri Sri. Dr. Shivakumara Swamiji to lodge their protest against the said proposal. In the meantime the Karnataka State Dairy association approached the Hon'ble Chief minister and requested him to extend the subsidy to all milk producing farmers and the hon'ble Chief Minister acceded to the said request on the floor of the Assembly and agreed to set up a High Power Committee to consider the modalities for extending the subsidy to those dairy farmers who are vending milk to private dairies, like the petitioner and another detailed representation dated 19-8-2008 was given and upon consideration of the said representation, the said Principal Secretary called upon the Dairy Association to suggest alternative mechanism for extending the subsidy to dairy farmers who vend milk to private dairies, like the petitioner. However, no steps have been taken for providing subsidy to the farmers who vend milk to private dairies and the Government Order which provides for payment of Rs. II- per litre subsidy to the dairy farmers who vend milk to the cooperative societies, has excluded from its ambit the dairy farmers who supply milk to private dairies. It is averred that the action on the part of the Government in providing subsidy at Rs. 2/- per litre of milk only to dairy farmers who supply milk to dairy co-operative society and not private dairy is discriminatory and is also violative of Arts. 14 and 19 (l) (g) of the Constitution of India and wherefore, unsustainable and liable to be set aside and accordingly, the writ petition is filed seeking for the following reliefs. a) Quash the impugned Government Order bearing No. AH and F. 53. KMF. 2008 dated 8-9-2008 issued by the 2nd respondent (Annexure-D) holding that the same is arbitrary, discriminatory and violative of Arts. 14, 19 (l) (g) and 21 of the Constitution of India, by issuing a Writ of Certiorari or any other writ or order in the nature of a writ; b) Direct the respondents to reframe the scheme for payment of subsidy to dairy farmers and extend the same even to those dairy farmers who supply milk to private dairies took, by issuing a writ of Mandamus or any other writ or order in the nature of writ; c) Grant such other relief that this Hon'ble courts deems fit in the circumstances of the case, including the cost of this petition.

(3.) NOTICE was issued to the respondents and the Additional Government Advocate and the Advocate General have taken notice for respondents 1 and 2.