- (1.)A farmer and a social worker of the Bidar District has filed this writ Petition seeking a writ of mandamus directing the State of Karnataka to extend the benefit of the Government Order No. AHD 120 AMS 98, dated 25-5-1998 to all farmers who had suffered the loss irrespective of the fact as to whether they had grown Tur crop or any other crop.
(2.)THE brief facts of the case are that due to scanty rainfall in Bidar and Gulbarga Districts and. due to pest attack on the standing crops in the districts have failed. Due to the failure of the crops, some of the farmers also committed suicide, as they could not meet the financial commitment and repay the loans borrowed by them. The farmers have not received any tangible assistance for controlling the pests for their crops. It is stated that there were more than 22 suicides in Bidar District. The petitioner and several other social workers made representations along with the Member of the Legislative Council to the Government and Deputy Commissioner to extend financial assistance. It is their case that on 7th of March, 1998, farmers gathered in large number in Bidar and requested the Government to come to their rescue. The Legislative member also brought to the notice of the Government, the miserable plight of the farmers. The minister in-charge of the Bidar District visited and he had noticed the pathetic conditions of the farmers. Thereafter, a Joint House Committee was constituted comprising of 15 Members of legislative Assembly and 5 Members of Legislative Council and the matter was referred to them. The Committee visited Bidar and Gulbarga Districts and submitted its interim report, wherein it is found that the failure of Tur crop was 80% and other crops, that is, Greengram 91%, Blackgram 94%, Til 92%, Rabi Jower 71%, Bengalgram 60% and Sunflower 70%. But, the State Government has sanctioned Rs. 500/- per Hectare only to the farmers who had grown tur crop subject to the maximum of Rs. 2,000/- per farmer, thereafter, it was enhanced subject to a maximum of Rs. 3,000/- per farmer. It is contended that the Committee has reported failure of the other crops other than Tur crop and percentage of loss of some of the crops other than Tur crop is more than 90%. Therefore, the Government ought to have extended the same benefit extended to the farmers of Tur crop. As the State has not extended the benefit, this writ petition is filed seeking writ of mandamus.
(3.)IN the statement of objections, it is stated that the decision of the State Government to restrict the benefit of compensatory payments to Tur growers was a well considered policy decision made in the best interests of all concerned and not intended to benefit one class of farmers to the arbitrary exclusion of other classes. The Government has taken all the relevant factors into account while making its decision. The categorisation and classification of the beneficiaries of the compensatory payments is in accordance with law and not violative of any constitutional right of the non-Tur growing farmers. The yield of Tur crop constituted about 49% of the total production of pulses in the State during the Kharif season. Gulbarga and Bidar Districts together constituted about 36% and 23% respectively of the total kharif pulse production in the State. The two districts together contributed 72% of the total Tur production in the State. The Tur crop is a long duration crop of about 6 to 7 months, grown under rain-fed conditions. The other crops like blackgram, Greengram, Cowpea, Horsegram, Til, Jawar and Sunflower are comparatively of a shorter period of about 2'/2 to 3l/2 months. If Tur crop fails, the farmers will have no other alternative crop to grow, since there will be no rains during January, February and March of the year. If short duration crops fail, there is possibility of rising other crops utilising the residual moisture and rains, and derive income from them. The investment for Tur cultivation is more than many other crops. The incidents of insects and other pest attacks is also more in Tur cultivation compared to the other crops. So, the cultivation of Tur crop is highly risky. Therefore, when the Tur crop fails, farmers are not able to withstand the loss. Due to heavy rains in the month of November 1997 and pest attacks, Tur crop yield was severely affected to the prejudice of the farmers. Unexpected rains during the month of November 1997 combined with cloudy weather, which prevailed for long duration caused the tur pod borer to multiply at an alarming rate. Infestation was thus severe on Tur crop only, as there were no other crops which were in flowering and pod dormation stage during that period. In addition, Tur crop is cultivated extensively in two districts. The State Government taking all the above facts into consideration have taken a decision to give assistance only to Tur crop growing farmers. The example of ma-harashtra Government is not relevant and not binding on this Government. The Government also made it clear that the communication of the Human Rights Commission is also not binding on the Government. The Government has taken up a policy decision and there is no discrimination or unconstitutionality in the decision. Therefore, there are no grounds made out to issue a writ of mandamus and writ petition is liable to be dismissed.