M/S Bharatiya Kisan Sangh v. Union Of India

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.23571 OF 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the lackadaisical attitude of the official respondents in not implementing Appeal Proc. No.SRC(2) 565/2015, dated 28.05.2016 and the consequent finalized Lr.No.S(3)Seeds/1740/2016 dated 03.06.2016, awarding compensation in total of Rs.46,92,860.00 (Forty Six lakhs, Ninety two thousand, Eight hundred and Sixty rupees only) by the fifth respondent to 97 affected farmers of Vikarabad, Pudur and Nawabpet Mandals of Rangareddy District who sustained loss due to poor quality and performance of MRC 7383 and Passion BG II cotton hybrids sold by the fifth respondent, in spite of several meetings and representations, as illegal, arbitrary, against the Andhra Pradesh Cotton Seeds Act, 2007, Article 21 of the Constitution of India, and principles of natural justice and consequently direct the fifth respondent to pay the awarded compensation immediately to the petitioners farmers.

Heard the learned counsel for the petitioners and the learned Standing Counsel for Central Government and the learned Government Pleader for Agriculture.

A perusal of the record reveals that in spite of the order dated 28.05.2016 in Appeal Proc No.SRC (2) 565/2015 on the file of the third respondent and the order dated 03.06.2016 of Government of Telangana, Department of Agriculture, the petitioners herein are not in a position to get the compensation amount. The petitioners having no other alternative, submitted representations to the third respondent on different dates.

The learned counsel for the petitioners submitted that the third

respondent may be directed to dispose of the representation of the petitioners as early as possible.

Having regard to the facts and circumstances of the case, the third respondent is hereby directed to dispose of the representation of the petitioners in accordance with law, as expeditiously as possible, preferably within a period of one (1) month from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_______________________ T.SUNIL CHOWDARY, J Date: 21.07.2016 Ivd