BHAGAMMA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11755
WP No. 203795 of 2026
CNR: KAHC030096212026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 203795 OF 2026 (GM-RES)
BETWEEN:
SMT. BHAGAMMA
W/O LATE KAREPPA BANTANUR
AGED ABOUT 45 YEARS
OCC: AGRICULTURE
R/O VASTARI VILLAGE
TALUK YADRAMI
DISTRICT KALABUDRAGI-585325.
…PETITIONER
(BY SRI. GANESH S. KALBURGI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
M.S BUILDING, DR. AMBEDKAR VEEDHI
BENGALURU-560001.
2.
THE DEPUTY COMMISSIONER
KALABURAGI DISTRICT
MINI VIDHANA SOUDHA
KALABDURAGI-585102.
3. THE JOINT DIRECTOR OF AGRICULTURE
DEPARTMENT OF AGRICULTURE
NEAR MIN VIDHANA SOUDHA
KALABURAGI-585102.
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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4. THE ASSISTANT DIRECTOR OF AGRICULTURE
DEPARTMENT OF AGRICULTURE
JEWARGI TALUK
KALABURAGI DISTRICT-585310.
5. THE TAHSILDAR
TALUK OFFICE
YADRAMI TALUK
KALABURAGI DISTRICT-585355
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, QUASHING THE
COMMUNICATION DATED 06.06.2025 BEARING NO.
SAKRINIJE/RAYATHA AHA/2025-26/104-107, ISSUED BY THE
4TH RESPONDENT-ASSISTANT DIRECTOR OF AGRICULTURE,
JEWARGI, PRODUCED AS ANNEXURE-A, INSOFAR AS IT
REJECTS THE PETITIONER’S CLAIM FOR FARMER-SUICIDE
COMPENSATION; B) ISSUE A WRIT OF MANDAMUS DIRECTING
THE RESPONDENTS TO CONSIDER THE PETITIONER’S CLAIM
FOR SANCTION OF COMPENSATION UNDER THE APPLICABLE
GOVERNMENT SCHEME FOR FARMER SUICIDE, PARTICULARLY
IN THE LIGHT OF THE POLICE FINAL REPORT, KARNATAKA
GRAMIN BANK’S COMMUNICATION DATED 20.11.2024,
REVENUE INSPECTOR’S REPORT DATED
16.04.2025/19.04.2025 AND TAHSILDAR’S COMMUNICATION
DATED 24.04.2025, AND TO SANCTION AND DISBURSE THE
ELIGIBLE COMPENSATION TO THE PETITIONER IN
ACCORDANCE WITH LAW AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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WP No. 203795 of 2026
CNR: KAHC030096212026
ORAL ORDER
This petition is filed seeking the following prayers:
“ a) Issue a writ of Certiorari or any other
appropriate writ, order or direction, quashing the
communication dated 06.06.2025 bearing
No.Sakrinije/Rayatha Aha/2025-26/104-107, issued
by the 4th respondent-Assistant Director of
Agriculture, Jewargi, produced as Annexure-A,
insofar as it rejects the petitioner’s claim for
farmer-suicide compensation.
b) Issue a writ of Mandamus directing the
respondents to consider the petitioner’s claim for
sanction of compensation under the applicable
Government scheme for farmer suicide, particularly
in the light of the police final report, Karnataka
Gramin Bank’s communication dated 20.11.2024,
Revenue Inspector’s report dated
16.04.2025/19.04.2025 and Tahsildar’s
communication dated 24.04.2025, and to sanction
and disburse the eligible compensation to the
petitioner in accordance with law.
c) Declare that the six-month time limit
contained in Clause 4 of Government Order
No.AGRI-ACT/71/2019 dated 31.10.2019, cannot
be invoked to deny the petitioner’s claim where the
claim had already been initiated/processed by the
competent State authorities within the prescribed
period and the subsequent delay is attributable to
the administrative machinery.
d) Alternatively, issue an appropriate writ,
order or direction reading down Clause 4 of
Government Order No.AGRI-ACT/71/2019 dated
31.10.2019, so as to exclude cases where the
claimant had approached the authorities within the
prescribed period and the delay thereafter occurred
due to administrative processing, inter-
departmental correspondence or other
circumstances attributable to the State machinery.
e) Direct the respondents to consider the
petitioner’s representation dated 03.07.2026 in
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accordance with law and in the light of the
observations made by this Hon’ble Court.
f) Grant such other relief/s as this Hon’ble
Court deems fit in the facts and circumstances of
the case, including costs, in the interest of justice
and equity.”
2. Heard the learned counsel appearing for the
petitioner, the learned Additional Government Advocate
appearing for the respondents and perused the material
available on record.
3. The petitioner is the widow of an agriculturist
and is residing at Vastari Village, Yadrami Taluk,
Kalaburagi District. It is averred that her husband,
namely, Late Sri.Kareppa S/o Saibanna Bantanur, was an
agriculturist and was cultivating the agricultural land
bearing Sy.No.36/2, measuring 3 acres 37 guntas,
situated at Kummanashirasagi Village of Yadrami Taluk,
Kalaburagi District. It is further averred that the deceased
and his family were fully dependent on agricultural
activities for their livelihood and the deceased had availed
an agricultural loan from Karnataka Gramin Bank, Nelogi
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Branch. However, he could not repay the debt and interest
accrued on the said amount. The records indicate that the
Bank had sent several notices and insisted him to clear the
loan amount as well as the interest. He failed to pay the
said amount and due to the financial distress, the husband
of the petitioner on 02.11.2022 at about 10:30 p.m.,
committed suicide by hanging himself at his residence for
not clearing the agriculture dues.
4. It is to be noticed that the wife of the deceased
agriculturist submitted a representation/application dated
03.07.2026 seeking compensation for death of her
husband due to financial distress as per the State
Government's policy. The respondent No.4, by the
impugned endorsement dated 06.06.2025, rejected her
oral request on the ground that the petitioner had not filed
an application within six months from the date of death of
the deceased.
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5. It is not in dispute that the death of petitioner’s
husband was due to the financial distress, as is evident
from the investigation papers. The State Government has
evolved a policy vide Government order dated 31.10.2019,
produced at Annexure-F, which contemplates providing
compensation to the family of an agriculturist who dies by
suicide due to financial distress.
6. The said policy indicates that the dependents of
the deceased agriculturist are required to submit an
application before the Assistant Director of Agriculture
within a period of three months from the date of death of
the agriculturist. If they fail to submit an application within
three months, they would have an opportunity to submit
an application seeking compensation before the
jurisdictional Deputy Commissioner within a period of 6
months from the date of death of the agriculturist. In the
case on hand, respondent No.4 rejected the petitioner’s
oral prayer on the ground that the application seeking
compensation is not filed within the stipulated period.
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7. The learned counsel for the petitioner has
placed a report of the Tahasildar dated 24.04.2025 along
with a memo, which clearly indicates that the jurisdictional
Revenue Inspector had conducted a mahazar and
submitted a report to the Tahasildar, Yadrami. Based on
such report and the oral application of the petitioner, the
Tahasildar forwarded the report to respondent No.4 on
24.04.2025, which was received by the said officer on the
same day and the said report was also forwarded to the
Deputy Commissioner, Kalaburagi, requesting to pay the
compensation as per the policy.
8. The aforesaid documents unequivocally makes
it clear that the petitioner had submitted an oral
application for grant of compensation and based on such
request, the jurisdictional Revenue Inspector conducted a
spot inspection, prepared a mahazar and submitted a
report to the Tahasildar Yadrami, who thereafter,
forwarded the report to the Assistant Director of
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Agriculture as well as the Deputy Commissioner,
Kalaburagi seeking to release the compensation amount.
9. The report of the Tahasildar, Yadrami is much
prior to the six months as required under the policy of the
State Government. The rejection of the petitioner's
application which was filed after the report of the
Tahasildar, can be considered as another representation
seeking to expedite the payment of compensation. Based
on the prayer of the petitioner, the revenue authorities
processed the paper, conducted the spot inspection, drew
mahazar, prepared a report and forwarded the paper to
the Assistant Director of Agriculture as well as to the
jurisdictional Deputy Commissioner with a request to pay
the compensation. Such exercise is within six months from
the date of death of the agriculturist and which is strictly
inconsonance with the State Government's policy dated
31.10.2019. Hence, I am of the considered view that the
petitioner’s case is required to be reconsidered by the
respondents in accordance with law, keeping in mind the
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aforesaid observations. Accordingly, I proceed to pass the
following:
ORDER
allowed
i. The writ petition is .
ii. The impugned endorsement dated
06.06.2025 issued by respondent No.4 is
hereby set aside.
iii. A writ of mandamus is issued to the
respondents to consider the petitioner's
request for payment of compensation as per
the State Government's policy dated
31.10.2019 and the said consideration shall
be completed within a period of three
months from the date of receipt of a copy of
this order.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK, List No.: 1 Sl No.: 8