Karnataka High Court
Sri Veeramachaneni Raghavendra Prasad vs Union Of India on 16 October, 2024
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NC: 2024:KHC:41738-DB
WP No. 25025 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 25025 OF 2024 (GM-RES-PIL)
BETWEEN:
1. SRI VEERAMACHANENI RAGHAVENDRA PRASAD
S/O. LATE SRI V. VENKATESHWARA RAO,
AGED ABOUT 73 YEARS,
R/O. SADBHAVANA OPP. VCVR SCHOOL,
SHIRMAGONDANAHALLI,
DAVANAGERE - 577 005.
...PETITIONER
Digitally signed
by VALLI (BY SRI M.S. HARISH KUMAR, ADVOCATE)
MARIMUTHU
Location: High AND:
Court of
Karnataka
1. UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MINISTRY OF AGRICULTURE AND
FARMERS WELFARE,
492, KRISHI BHAVAN,
NEW DELHI - 110 001.
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WP No. 25025 of 2024
GOVERNMENT OF KARNATAKA
2.
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MINISTER OF AGRICULTURE,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. THE PRESIDENT
TRACTOR AND MECHANIZATION ASSOCIATION
CONFEDERATION OF INDIA INDUSTRY,
THE MANTOSH SONDHI CENTRE,
NO.23, INSTITUTIONAL AREA,
LODI ROAD, NEW DELHI - 110 003.
4. ALL INDIA COMBINE MANUFACTURERS
ASSOCIATION
REPRESENTED BY ITS GENERAL SECRETARY,
M/S. DASHMESH MECHANICA WORKS,
RAIKOT ROAD,
MALERKOTLA, PUNJAB - 148 023.
5. THE CHAIRMAN
BHAGAWATHI KRUSHI UDHYOG PVT. LTD.,
A/6, FIRST FLOOR, SATYAMEV-1,
OPP. NEW HIGH COURT,
S.G. HIGHWAY SOLA,
AHAMADABAD,
GUJARAT - 380 060.
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WP No. 25025 of 2024
THE PRESIDENT
6.
POWER TILLER ASSOCIATION OF INDIA,
BTL EPC LTD., (AGRO)
SHARACHI TOWER,
7TH FLOOR,
686, ANANDAPUR, EM BYPASS,
KOLKATTA - 700 107.
...RESPONDENTS
(BY SRI S. RAJASHEKAR, CGC FOR R1
SMT. NILOUFER AKBAR, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR OTHER APPROPRIATE
WRIT OR DIRECTION OR ORDER THEREBY DIRECTING THE
RESPONDENTS TO MAKE IT MANDATORY FOR ALL THE
MANUFACTURERS OF TRACTORS AND OTHER
AGRICULTURAL EQUIPMENTS IN INDIA TO PUBLISH THE
MRPs OF THEIR PRODUCTS IN THE WEBSITES MAINTAINED
BY THEM AND ALSO TO DISPLAY ON THE PRODUCT ITSELF,
SO THAT FARMERS WILL GET THE MRPs EASILY AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 25025 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. M.S. Harish Kumar for the
petitioner, learned Central Government Counsel Mr. S. Rajashekar
for respondent No.1 and learned Additional Government Advocate
Smt. Niloufer Akbar for respondent No.2.
2. The present petition is styled as public interest petition.
3. The petitioner is an agriculturist by profession claiming to be
social activist as well. He seeks direction that the Government of
India should make it compulsory for all the manufacturers of
agricultural equipments and also the manufacturers of tractors to
mention maximum retail prices for their products and to display the
same in the showroom and on the website of the government
managed agricultural portal.
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3.1 It is the case of the petitioner that this would prevent
exploitation of innocent agriculturists by the dealers.
3.2 With such basic premise, the following prayers are advanced
in the petition,
"(i) Make it mandatory for all the manufacturers of
Tractors and other agricultural equipments in India to
Publish the MRPs of their products in the Websites
maintained by them and also to display on the product
itself, so that farmers will get the MRPS easily;
(ii) Direct the Respondents to Make it mandatory to all
the companies (Tractors) to publish the selling price and
Maximum Retail Price (MRP) of all the models of tractors
upon their own websites and showroom. Advertise the
tractor company MRP of all the tractor models in the
newspapers in their regional languages at least 3 times
(on auspicious occasions) in a year all the states all over
India. For example: In Karnataka customers will
purchase more tractors on the auspicious occasions like
Ugadi, Dushera and Diwali;
(iii) Direct the Respondents to ensure that every
agricultural machineries, equipments and mechanical
products which have been using by the agriculturists on
daily basis should come out from the factory with price
tag (selling price) and stickers;
(iv) Direct the Respondents to ensure further that MRP
and selling price list of all companies of all the models
should be available at District and taluka/tehsil level
agricultural offices in every state all over the India.
(v) Direct the Respondents in view of monopoly and
unfair practice of tractor companies, the Govt. must fix a
capping / sealing on the raising the MRP/Sale Price of
tractor(s) all over India."
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4. By the very nature of the subject matter grievance and the
kind of prayers made, it is evident that the subject matter travels in
the realm of executive action for enforcement of rule or law by
enacting them by the competent law making authority. The Court
would not like to enter into the area of executive functions.
4.1 Apart from the above aspect which dissuades the Court from
entertaining the petition, it was pointed out by learned Additional
Government Advocate that the representation made by the
petitioner which is produced at Annexure-F was addressed to
Hon'ble the Prime Minister.
5. In addition that the prayers and the subject matter travel in
the realm of executive decision and policy implementation as well
as enforcement of rule in that regard, it could be immediately
noticed from the first paragraph of the petition that the petitioner,
who claims to be the public spirited citizen, is having a dealership
for running sales and service centre for Swaraj Tractors in
Davanagere city since more than 30 years. This aspect which is
admitted by the petitioner himself dilutes his locus standi and status
as public interest petitioner and smacks lack of bona fides on his
part as public interest litigant.
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6. The petition does not book any merit to be considered for its
prayers.
6.1 For the aforesaid reasons, no relief could be considered from
any standpoint for the petitioner and the petition is liable to be
dismissed with costs.
7. Accordingly, the petition is dismissed with costs of Rs.5,000/-
to be paid to the High Court Legal Services Committee within three
weeks from today.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
