- 1 -

IN THE HIGH COURT OF CIRCUIT BENCH AT

DATED THIS THE 17 TH DAY OF AUGUST, 2012 PRESENT THE HON’BLE MR. JUSTICE N. KUMAR AND THE HON’BLE MR. JUSTICE H. S. KEMPANNA

WRIT APPEAL No.30125/2012 (GM-RES) a/w WRIT APPEAL Nos.30126/2012, 30127-30130/2012, 30131-30135/2012, 30136-30143/2012, 30144-30156/2012, 30157-30184/2012, 30510/2012, 30511-30513/2012, 30514-30517/2012, 30518-30522/2012, 30523-30550/2012

IN W.A.NO.30125/2012 (GM-RES)

BETWEEN:

AGRICULTURE INSURANCE COMPANY OF LIMITED, NO.18, KRISHI BHAVAN, 3RD FLOOR, HUDSON CIRCLE, NRUPATUNGA ROAD, BANGALORE. … APPELLANT (COMMON)

(BY SRI P.G.UPANAL, G.R.TURAMARI, ADVS.) - 2 -

AND:

1. SRI VEERANNA @ IRANNA, S/O SHANKRAPPA HALAGATTI, AGE BY MAJOR, OCC: AGRI, R/O HADALI, TQ. NARAGUND, DIST: GADAG.

2. MANAGER, KARNATAKA VIKAS GRAMEENA BANK LTD., HADALI BRANCH, TQ. NARAGUND, DIST:GADAG. … RESPONDENTS.

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE ORDER DATED 12.12.2011 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.62352/2010.

IN W.A.NO.30126/2012 (GM-RES)

AND:

1. LAXMAN FAKKIRAPPA WALIKAR @ TALWAR, MAJOR, OCC: AGRI, R/O , TQ. & DIST: DHARWAD.

2. MANAGER, SYNDICATE BANK, BRANCH, NARENDRA, TQ. & DIST: DHARWAD. … RESPONDENTS. - 3 -

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE ORDER DATED 12.12.2011 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.62354/2010.

IN W.A.Nos.30127-130/2012 (GM-RES)

BETWEEN:

AND:

1. BALAPPA, S/O BASAPPA , AGE BY MAJOR, OCC: AGRICULTURIST, R/O , TQ. & DIST: DHARWAD.

2. SHANTAPPA, S/O DEVENDRAPPA GALIYAVAR, AGE BY MAJOR, OCC: AGRICULTURIST, R/O MUGAD, TQ. & DIST: DHARWAD.

3. SHIVAPA, S/O DEVENDRAPPA GALIYAVAR, AGE BY MAJOR, OCC: AGRICULTURIST, R/O MUGAD, TQ. & DIST: DHARWAD.

4. KALLAPPA, S/O BASAVANTAPPA GUDDENNAVAR, AGE BY MAJOR, OCC: AGRICULTURIST, R/O MUGAD, TQ. & DIST: DHARWAD.

5. MANAGER, KARNATAKA VIKAS GRAMEENA BANK LTD., MUGAD BRANCH, TQ. & DIST:DHARWAD. … RESPONDENTS. - 4 -

THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE ORDER DATED 12.12.2011 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.62348-62351/2010.

IN W.A.NOS.30131-135/2012 (GM-RES)

AND:

1. IRAVVA, W/O YELLAPPA DASANKOPPA, AGE BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST: DHARWAD.

2. MANAGER, VYASAYA SEVA CO.OP BANK NIMIYAT KAMALAPUR, TQ. & DIST:DHAARWAD.

3. MANAGER, MANAGING DIRECTOR, KARNATAKA CENTRAL CO.OP BANK LTD., GANDICHOWK, DHARWAD.

4. SHIVAPPA BASAPPA ANNIGERI, AGE BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST: DHARWAD.

5. CHANNABASAPPA BASAVANNAPPA ANGADI, AGE BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST: DHARWAD.

6. SHIVARAYAPPA GURUPADAPPA HOSUR, AGE BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST: DHARWAD.

7. YALLAPPA BASAPPA HUDED, AGE BY MAJOR, OCC: AGRICULTURIST, - 5 -

R/O KAMALAPUR, TQ. & DIST: DHARWAD. … RESPONDENTS.

THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE ORDER DATED 12.12.2011 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.62944-62948/2010.

IN W.A Nos.30136-30143/2012:

AND:

1. FAKKIRAPPA S/O. FAKKIRAPPA HUBBALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

2. MAHARUDRAPPA S/O. SIDDAPPA @ SIDDALINGAPPA DHARWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

3. IRAPPA S/O.SIDDAPPA @ SIDDALINGAPPA DHARWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

4. FAKKIRAPPA S/O. BASETTEPPA GABBUR, - 6 -

AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

5. NAGAPPA S/O. BABU HUBBALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

6. SIDDAVVA W/O. KEDARAPPA HUBBALLI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

7. MAHADEVI W/O. SIDDAPPA PAMMANNAVAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

8. SHRISHAIL S/O. KEDARAPPA HUBBALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

9. GUTEGEPPA S/O. KEDARAPPA HUBBALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

10. BASAVARAJ S/O. KEDARAPPA HUBBALLI, - 7 -

AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

11. BABU S/O. KEDARAPPA HUBBALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O. LAKAMAPUR, TQ. & DIST: DHARWAD.

12. THE MANAGER, SYNDICATE BANK, NARENDRA BRANCH, TQ. & DIST: DHARWAD. … RESPONDENTS

THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE ORDER DATED 12.12.2011 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOS. 62954-62961/2010 AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS.

IN W.A Nos. 30144-30156/2012:

AND:

1. SHANMUKAPPA SHIVALINGAPPA NOOLVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. KAMALAPUR, TQ & DIST: DHARWAD.

2. MANAGER AND MANAGING DIRECTOR KARNATAKA CENTRAL CO-OPERATIVE BANK LTD., GANDHI CHOWK, DHARWAD. - 8 -

3. MANAGER, VYAVASAYA SEVA CO-OPERATIVE BANK NIYAMIT KAMALAPUR, TQ & DIST: DHARWAD.

4. SAYYAD MUKTUMHUSSAIN SAYYAD MOHAMMAD SATA-SANADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST : DHARWAD.

5. MANAGER AND MANAGING DIRECTOR, KARNATAKA CENTRAL CO-OPERATIVE BANK LTD., GANDHI CHOWK, DHARWAD.

6. BASAVANATAPPA BASAPPA KOTI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST: DHARWAD.

7. MANAGER AND MANAGINING DIRECTOR, KARNATAKA CENTRAL CO-OPERATIVE BANK LTD. GANDHI CHOWK, DHARWAD.

8. BASAVANNEPPA THIPPANNA UNKAL, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST: DHARWAD.

9. MANAGER AND MANAGING DIRECTOR, KARNATAKA CENTRAL CO-OPERATIVE BANK LTD., GANDHI CHOWK, DHARWAD.

10. YALLAPPA MALAPPA ANGADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST: DHARWAD. - 9 -

11. NEELAVVA W/O. MALLESHAPPA SAPPURI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST: DHARWAD.

12. ARJUN SAHADEVAPPA MOTE, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST: DHARWAD.

13. SHIVASHANKRAPPA VIRUPAXAPPA MATARAKI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST: DHARWAD.

14. JEEVAPPA MALLAPPA SUNAGAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. KAMALAPUR, TQ & DIST: DHARWAD.

15. SAYYAD MAHAMUD SAYYAD KAHAMAN SATA SANADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MALAPUR, TQ & DIST: DHARWAD.

16. CHANABASAPPA GURUSHANTAPPA ANAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. KAMALAPUR, TQ & DIST: DHARWAD.

17. RAVI FAKIRAPPA JAMBOTKAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. KAMALAPUR, TQ & DIST: DHARWAD.

18. TUNGAVVA W/O. CHANABASAPPA RAYARAKOPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O. KAMALAPUR, TQ & DIST: DHARWAD. ... RESPONDENTS - 10 -

THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED:15/12/2011 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOs.62335 TO 62347/2010 AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS.

IN W.A Nos.30157-184/2012: AND:

1. YALLAPPA CHANABASAPPA NAVALI, AGE: MAJOR, OCC: AGRICULTURE, R/O. BELIGATTI VILLAGE, TQ & DIST: DHARWAD.

2. BASAPPA FAKKIRAPPA AMMINABHAVI , AGE: MAJOR, OCC: AGRICULTURE, R/O. YARIKOPPA, TQ & DIST: DHARWAD

3. FAKKIRAPPA S/O. CHANNAPPA AMMINBHAVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. YARIKOPPA, TQ & DIST: DHARWAD

4. SHANKRAPPA NAGAPPA ARERA, AGE: MAJOR, OCC: AGRICULTURE, R/O. , TQ & DIST: DHARWAD.

5. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK MUGAD BRANCH, TQ & DIST: DHARWAD.

6. GULAPPA BASAPPA KAMMADOLI AGE: MAJOR, OCC: AGRICULTURE, R/O. YERIKOPPA, TQ & DIST: DHARWAD. - 11 -

7. SHANKREPPA BASAPPA AGE: MAJOR, OCC: AGRICULTURE, R/O. YERIKOPPA, TQ & DIST: DHARWAD.

8. DEVAPPA BASAPPA KAMADOLLI AGE: MINOR, REPTED. BY HIS N.G BROTHER GULAPPA BASAPPA KAMADALLI, R/O. YERIKOPPA, TQ & DIST: DHARWAD.

9. NINGAVVA W/O. SHANKRAGOUDA CHALLANAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O. YERIKOPPA, TQ & DIST: DHARWAD.

10. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK SHALAVAD BRANCH, TQ: NAVALGUND, DIST: DHARWAD.

11. PARAVVA W/O. VEERAPPA GANIGER AGE: 40 YEARS, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

12. SHANTAVVA W/O. VEERABHADRAPPA KOLLI AGE: 55 YEARS, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

13. SHIDDAVVA W/O. SHIVAPPA NEELAGUNDA AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD. - 12 -

14. FAKKIRAPPA SANKAPPA NEERALAGI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

15. BASAPPA FAKKIRAPPA NEERALGI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

16. VIRUPAKSHAPPA FAKKIRAPPA NEERALGI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

17. DEVAPPA FAKKIRAPPA NEERALGI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

18. SANKAPPA FAKKIRAPPA NEERALAGI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

19. YALLAPPA HONNAPPA NAIKNUR AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

20. MALLAPPA KASHAPPA JALADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD. - 13 -

21. BASAPPA CHIKKAPPA ISHARADDI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

22. RAJESAB IBRAHIMSAB SURAKOD AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

23. BASAVARAJ VEERAPPA HOSKERI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

24. LAXMAPPA SANGAPPA NIDAGUNDI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

25. HANAMANTAPPA VEERABHADRAPPA ANKALI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHALAWADI, NAVALGUND, DIST: DHARWAD.

26. MALLAVVA W/O. BASANAGOUDA HOSAMANI AGE:51 YEARS, OCC: AGRICULTURE, R/O. ARAHATTI, TQ: NAVALGUND, DIST: DHARWAD.

27. BASANAGOUDA S/O. MALLANAGOUDA HOSAMANI AGE:49 YEARS, OCC: AGRICULTURE, R/O. ARAHATTI, TQ: NAVALGUND, DIST: DHARWAD. - 14 -

28. MOUNESHWAR S/O. MALLIKARJUNAPPA HASABI AGE:MAJOR, OCC: AGRICULTURE, R/O. SHALAVADI, TQ: NAVALGUND, DIST: DHARWAD.

29. GURUSHANTAPPA MALLAPPA WAGGAR AGE:MAJOR, OCC: AGRICULTURE, R/O. SHALAVADI, TQ: NAVALGUND, DIST: DHARWAD.

30. ISHWARAPPA SANGAPPA PUJAR AGE:MAJOR, OCC: AGRICULTURE, R/O. SHALAVADI, TQ: NAVALGUND, DIST: DHARWAD.

31. VIRUPAXAPPA ISHWARAPPA PUJAR AGE:MAJOR, OCC: AGRICULTURE R/O. SHALAWADI, TQ: NAVALGUND DIST: DHARWAD.

32. NAGAPPA S/O. IRAPPA JADAR @ NEKAR AGE:MAJOR, OCC: AGRICULTURE R/O. MANSUR, DIST: DHARWAD.

33. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK BRANCH, DIST: DHARWAD.

34. ADIVEPPA BASAPPA ENAGI AGE: MAJOR, OCC: AGRICULTURE, R/O. NAROBELAVADI, DIST: DHARWAD. - 15 -

35. THE MANAGER, UNITE COMMERCIAL BANK, AMMINABHAVI, DIST: DHARWAD.

36. HANUMANTAPPA S/O. BHEEMAPPA BHOVI SINCE DECEASED BY HIS LRS SRI. SAHADEVAPPA S/O. MALLAPPA BHOVI AGE: MAJOR, OCC: AGRICULTURE, R/O. , TQ & DIST: DHARWAD.

37. HEMARADDI S/O. BHEEMARAYAPPA KONARADDI AGE MAJOR, OCC: AGRICULTURE, R/O. CHILAKAWAD, TQ: NAVALGUNDA, DIST: DHARWAD.

38. THE MANAGER, STATE BANK OF INDIA, NAVALGUNDA BRANCH, TQ: NAVALGUND, DIST: DHARWAD.

39. VENKARADDI S/O. HANAMARADDI KARLWAD AGE: MAJOR, OCC: AGRICULTURE, R/O. CHILAKAWAD, TQ: NAVALGUND, DIST: DHARWAD.

40. THIMARADDI S/O. HANAMARADDI KARLWAD AGE: MAJOR, OCC: AGRICULTURE, R/O. CHILAKAWAD, TQ: NAVALGUND, DIST: DHARWAD. - 16 -

41. NINGANAGOUDA GURUSIDDAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

42. YALLANAGOUDA GURUSIDDANAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

43. GURUSIDDANAGOUDA NINGANAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

44. BASANAGOUDA FAKKIRAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

45. SHIVANAGOUDA FAKKIRAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

46. TIRTGOUDA FAKKIRAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

47. SANGAGOUDA ADEVAPPAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD. - 17 -

48. MALLANAGOUDA ADIVEPPAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

49. MAHADEVAGOUDA ADIVEPPAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

50. NAGAPPA S/O. SHIDDAPPA LTI AGE: MAJOR, OCC: AGRICULTURE, R/O. N. IBRAHIMPUR, TQ: NAVALGUND, DIST: DHARWAD.

51. THE MANAGER, VSS BANK IBRAHIMPUR, TQ: NAVALGUND, DIST: DHARWAD.

52. YALLAPPA FAKKIRAPPA DULANNAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O. , TQ: NAVALGUND, DIST: DHARWAD.

53. GIRIJAVVA W/O. RAMAPPA GOBBARAGUMPI @ GIRIJAVVA FATHER HANAPPA BANDIWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. DATANAL, TQ: NAVALGUND, DIST: DHARWAD.

54. THE MANAGER, VSS BANK DATANAL, TQ: NAVALGUND, DIST: DHARWAD. ... RESPONDENTS - 18 -

THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED:12/12/2011 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOs.62279-62306/2010 AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS.

IN W.A No.30510/2012:

AND:

1. CHANDRASHEKHAR S/O. GANGADHAR SHEELAVANT, AGE: MAJOR, OCC: ADVOCATE , R/O. KALYAN NAGAR, TQ & DIST: DHARWAD.

2. THE MANAGER AND MANAGING DIRECTOR, MALAPRABHA GRAMEEN BANK LTD., HANAGAL BRANCH, DIST: HAVERI.

3. SHANKARAPPA VEERAPPA SHEELAVANT AGE: 70 YEARS, OCC: AGRICULTURE, R/O. SOMAVAR PETH, TQ: HANAGAL. DIST: HAVERI.

4. SUSHILAMMA W/O. GANGADHARAPPA SHEELAVANT, AGE: MAJOR, OCC: AGRICULTURE, R/O. KALYAN NAGAR, TQ & DIST: DHARWAD.

5. SHANKARAPPA VEERAPPA SHEELAVANT AGE: 70 YEARS, OCC: AGRICULTURE, - 19 -

R/O. SOMAVAR PETH, TQ: HANAGAL, DIST: HAVERI. ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED:24/01/2012 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.62353/2010 AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS.

IN W.A Nos.30511-13/2012:

AND:

1. HANUMANTH S/O. LAXMANAPPA SANGLIKAR AGE: MAJOR, OCC: AGRICULTURIST, R/O. , TQ & DIST: DHARWAD.

2. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK, MUGAD BRANCH, TQ & DIST: DHARWAD.

3. FAKKIRAPPA S/O. BASETTEPPA GUBBUR AGE: MAJOR, OCC: AGRICULTURIST, R/O. LAKAMAPUR VILLAGE, TQ & DIST: DHARWAD.

4. THE MANAGER, SYNDICATE BANK, NARENDRA BRANCH, TQ & DIST: DHARWAD.

5. SIDDAVVA W/O. KEDARAPPA PAMMANNAVAR AGE: MAJOR, OCC: AGRICULTURIST, - 20 -

R/O. LAKAMAPUR VILLAGE, TQ & DIST: DHARWAD.

6. MAHADEVI W/O. SIDDAPPA PAMMANNAVAR AGE: MAJOR, OCC: AGRICULTURIST, R/O. LAKAMAPUR VILLAGE, TQ & DIST: DHARWAD.

7. SHRISAIL S/O. KEDARAPPA HUBALLI AGE: MAJOR, OCC: AGRICULTURIST, R/O. LAKAMAPUR VILLAGE, TQ & DIST: DHARWAD.

8. GATEGEPPA S/O. KEDARAPPA HUBALLI AGE: MAJOR, OCC: AGRICULTURIST, R/O. LAKAMAPUR VILLAGE, TQ & DIST: DHARWAD.

9. BASAVARAJ S/O. KEDARAPPA HUBALLI AGE: MAJOR, OCC: AGRICULTURIST, R/O. LAKAMAPUR VILLAGE, TQ & DIST: DHARWAD.

10. BABU S/O. KEDARAPPA HUBALLI, AGE: MAJOR, OCC: AGRICULTURIST, R/O. LAKAMAPUR VILLAGE, TQ & DIST: DHARWAD. ... RESPONDENTS

THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED:24/01/2012 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOs.62355 TO 62357/2010 AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS. - 21 -

IN W.A Nos.30514-517/2012:

AND:

1. BASAVARAJ GANGAPPA HOSUR AGE: BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST. DHARWAD

2. GURUSIDDAPPA BASAPPA KAMATI AGE: BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST. DHARWAD

3. BASHETTEPPA JINNAPPA HOSUR AGE: BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST. DHARWAD

4. SHIVAPPA CHANNAPPA KAMATI AGE: BY MAJOR, OCC: AGRICULTURIST, R/O KAMALAPUR, TQ. & DIST. DHARWAD

5. MANAGER, VYAVASAYA SEVA CO.-OP BANK, NIYAMIT KAMALAPUR, TQ. & DIST. DHARWAD

6. MANAGER AND MANAGING DIRECTOR, KARNATAKA CENTRAL CO-OPERATIVE BANK LTD. GANDHI-CHOWK, DHARWAD. ... RESPONDENTS

THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED:24/01/2012 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOs.62962 TO 62965/2010 - 22 -

AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS.

IN W.A Nos.30518-522/2012:

AND:

1. NAGAPPA SIDDAPPA ARER AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD BRANCH, TQ & DIST: DHARWAD.

2. YALLAPPA RUDRAPPA ARER AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD BRANCH, TQ & DIST: DHARWAD.

3. RAMANNA SIDDAPPA ARER AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD BRANCH, TQ & DIST: DHARWAD.

4. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK, MUGAD BRANCH, TQ & DIST: DHARWAD.

5. BASAPPA SABAPPA PAGOJI AGE: MAJOR, OCC: AGRICULTURIST, R/O. KALKERI, TQ & DIST: DHARWAD.

6. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK, MUGAD BRANCH, TQ & DIST: DHARWAD.

7. NAGAPPA HOLALAPPA SHANWAD AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD. - 23 -

8. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK, MUGAD BRANCH, TQ & DIST: DHARWAD.

9. NARASINGAPPA NANAPPA DANDIN, AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD.

10. ANNAPPA NANAPPA DANDIN AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD.

11. DYAMAVVA W/O. DEVENDRAPPA AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD.

12. GOURAVVA KOM. HULIKAR, AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD.

13. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK, MUGAD BRANCH, TQ & DIST: DHARWAD.

14. HANUMANTAPPA FAKKIRAPPA DOLLIN AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD.

15. KALLAPPA FAKKIRAPPA DOLLIN AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD.

16. LAXMAN FAKKIRAPPA DOLLIN AGE: MAJOR, OCC: AGRICULTURIST, R/O. MUGAD, TQ & DIST: DHARWAD. - 24 -

17. THE MANAGER, KARNATAKA VIKAS GRAMEENA BANK, MUGAD BRANCH, TQ & DIST: DHARWAD. ... RESPONDENTS

THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED:24/01/2012 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOs.62949 TO 62953/2010 AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS.

IN W.A Nos.30523-550/2012:

AND:

1. KARIYAPPA S/O. BASAPPA BADAVANNAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

2. SECRETARY, PRATHAMIKA VYAVASAYA SEVA SAHAKARI BANK NIYAMIT, MANAGUNDI, TQ & DIST: DHARWAD

3. SHIVAKKA W/O. KALAPPA SUTAGATTI AGE: MAJOR, OCC: AGRICULTURE, R/O. , TQ & DIST: DHARWAD.

4. ULAVAPPA S/O. KALAPPA SUTAGATTI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

5. MANJAVVA W/O. MANJAPPA GAJAPATI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD. - 25 -

6. JAGADISH S/O. KALAPPA SUTAGATTI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

7. SHANKARAPPA S/O. KALAPPA SUTAGATTI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

8. LAXMAPPA @ LAXMAN S/O. BASAPPA SUTAGATTI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

9. BASAPPA S/O. BASAPPA SUTAGATTI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

10. MADIVALAYYA S/O. KALLAYYA SANKIN AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

11. GANGAVVA W/O. KALLAPPA KONCHANALLI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

12. BASAVANTAPPA S/O. KALLAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

13. VEERUPAXAPPA S/O. KALLAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

14. GURUPADAPPA S/O. KALLAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD. - 26 -

15. BASAPPA S/O. KALLAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

16. MALLESHAPPA S/O. KALLAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

17. KASTURAVVA W/O. ULABASAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

18. ARJUNAPPA S/O. ULABASAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

19. KALLAPPA S/O. ULABASAPPA KONCHANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

20. NEELAVVA D/O. KALLAPPA KONCHANALLI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

21. BASAPPA S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

22. KALAPPA S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

23. RAMAPPA S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD. - 27 -

24. LAXMAN S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

25. MAHADEVAPPA S/O. BASAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

26. BASAPPA S/O. BASAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

27. MALLAPPA S/O. ULAVAPPA HUNINABHAVI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

28. BASAPPA S/O. KALLAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

29. NINGAPPA S/O. YALLAPPA MAYADAGOPPA AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

30. BASAVVA W/O. YALLAPPA MAYADAGOPPA AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

31. BASAPPA S/O. GATIGOPPA AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

32. GURUBASAPPA S/O. GATIGOPPA KUSUGAL AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD. - 28 -

33. SHAKUNTALA W/O. RUDRAPPA KUSUGAL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

34. SANDHYA D/O. RUDRAPPA KUSUGAL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

35. GADIGAYYA S/O. GURUSIDDAYYA HIREMATH AGE: MAJOR, OCC: AGRICULTURE R/O. BELLIGATTI, TQ & DIST: DHARWAD.

36. BASAYYA S/O. GURUSIDDAYYA HIREMATH AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

37. NAGAYYA S/O. GURUSIDDAYYA HIREMATH AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

38. MALLAYYA S/O. GURUSIDDAYYA HIREMATH AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

39. SIDDAYYA W/O. GURUPUTRAYYA PUTADAYYANAVAR AGE: MAJOR, OCC: HOUSEHOLD WORK R/O. BELLIGATTI, TQ & DIST: DHARWAD.

40. BASAPPA S/O.NINGAPPA KALKERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

41. VIRUPAXAPPA S/O. SHANKARAPPA KALKERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD. - 29 -

42. MAHADEVAPPA S/O. SHANKARAPPA KALKERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

43. YALLAPPA S/O. SHANKARAPPA KALKERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

44. BANGAPPA S/O. BASAPPA KALKERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

45. CHANNABASAPPA S/O. GADIGOPPA KALKERI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

46. DYAMAPPA S/O. BASAPPA GORAJANNAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

47. NINGAPPA S/O. BASAPPA GORAJANNAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BELLIGATTI, TQ & DIST: DHARWAD.

48. MADIWALAPPA S/O. BASAVENEEPPA YATTINAGUDDA AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

49. SHIVAMALLAPPA S/O. BASAPPA MASAL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ & DIST: DHARWAD.

50. MANAGER, VIJAYA BANK, MANAGUNDI BRANCH, HOSYALAPUR (WRONGLY MENTIONED - 30 -

HOSYAL NGAR), HALIYAL ROAD, DIST: DHARWAD.

51. KARAVVA W/O. NAGAPPA HALLADAD AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

52. DYAMAVVA W/O. FAKKIRAPPA KUMBAR AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

53. SANGANAPGOUDA S/O. ADIVEPPAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

54. MAHADEVAGOUDA S/O. ADIVEPPAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

55. MALLANGOUDA S/O. ADIVEPPAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

56. BASAPPA S/O. APPANNA KURABAR AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

57. BASAVVA @ BASAVANNAVVA W/O. FAKKIRAPPA PUDAKALKATTI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

58. NINGAPPA S/O.KALLAPPA SANKRANNAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD. - 31 -

60. MALLAPPA S/O. DYAMAPPA HULLIKATTI AGE: MAJOR, OCC: AGRICULTURE, R/O. MANSUR, TQ.& DIST: DHARWAD.

61. GALAPPA S/O. NINGAPPA BALEKAI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

62. BASAVANNAPPA S/O. NINGAPPA BALEKAI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

63. CHANABASAPPA S/O. NINGAPPA BALEKAI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

64. BASAVVA W/O. BASAPPA NAVANI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

65. CHANNAVVA W/O. DYAMAPPA BALEKAI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

66. BASAPPA S/O. DYAMAPPA BALEKAI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

67. SHANTAVVA W/O. KALLAPPA NIRIKATTI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

68. BASAVANTAPPA S/O. FAKIRAPPA KURABAR AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD. - 32 -

69. YALLAPPA S/O. FAKIRAPPA KURABAR AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

70. BASAPPA S/O.ULAVAPPA BAILWAD AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

71. SOMAPPA S/O. ULAVAPPA BAILWAD AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

72. KALLAPPA S/O. CHANABASAPPA BALAGAR AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

73. GOURAMMA W/O. SHANKARAPPA NURALLI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

74. MANJUNATH S/O. BASAPPA AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD.

75. YALLAVVA W/O. BASAPPA KOTABAGI AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD.

76. NINGAPPA S/O. BASAPPA KOTABAGI AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD.

77. TANGAVVA W/O. FAKKIRAPPA MANNIGER AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD. - 33 -

78. CHANABASAPPA S/O. BASAPPA KOTABAGI AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD.

79. SOMAVVA W/O. KALLAPPA KOTABAGI AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD.

80. YALLAPPA S/O. BASAPPA KOTABAGI AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD.

81. SHIVANAND S/O. BASAPPA KOTABAGI AGE: MAJOR, OCC: AGRICULTURE, R/O.MANSUR, TQ.& DIST: DHARWAD.

82. NIJAPPA S/O. MUDEPPA NIJAPPANAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

83. KALLAPPA S/O. PARAPPA NIJAPPANAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

84. BASAPPA S/O. PARAPPA NIJAPPANAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

85. NIJAPPA S/O. MAHADEVAPPA NIJAPPANAVAR AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

86. SHIVAPUTRAPPA SHIVAPPA ANGADI AGE: MAJOR, OCC: AGRICULTURE, R/O.YARIKOPPA, TQ.& DIST: DHARWAD. - 34 -

87. VEERAPAXAPPA SHIVAPPA ANGADI AGE: MAJOR, OCC: AGRICULTURE, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

88. MAHADEVAPPA NAGAPPA ANGADI AGE: MAJOR, OCC: AGRICULTURE, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

89. GURUPUTRAPPA NAGAPPA ANGADI AGE: MAJOR, OCC: AGRICULTURE, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

90. SHIVANAND VEERUPAXAPPA ANGADI AGE: MAJOR, OCC: AGRICULTURE, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

91. BASAVARAJ VEERUPAXAPPA ANGADI AGE: MAJOR, OCC: AGRICULTURE, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

92. MANJUNATH VEERUPAXAPPA ANGADI AGE: MAJOR, OCC: AGRICULTURE, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

93. YALLAVVA W/O. BASAPPA ANGADI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

94. BASAVVA W/O. NINGAPPA MATI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

95. KASTURI W/O. KALLANAGOUDA GURUNAGOUDAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.YARIKOPPA, TQ.& DIST: DHARWAD. - 35 -

96. RATNAVVA W/O. ULAVAPPA ANASI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.YARIKOPPA, TQ.& DIST: DHARWAD.

97. BASAPPA S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

98. YALLAPPA S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

99. RAMAPPA S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

100. LAXMAPPA S/O. SHIVALINGAPPA BETAGERI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

101. NINGAVVA W/O. MALLAPPA AMARGOL AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

102. ULLAVVA W/O. IRAPPA YARIKOPPA AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

103. PARAVVA W/O. ADIVEPPA AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD.

104. SHANTAVVA W/O. BASAPPA SUTAGATTI AGE: MAJOR, OCC: AGRICULTURE, R/O.BELLIGATTI, TQ.& DIST: DHARWAD. ... RESPONDENTS - 36 -

THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED 24/01/2012 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.Nos.62307 TO 62334/2010 AND ALLOW THE WRIT PETITION AS PRAYED FOR IN THE WRIT PETITIONS.

These appeals coming on for orders regarding non-compliance of office objections this day, N.Kumar J., delivered the following:

J U D G M E N T

The Agricultural Insurance Company of

India Limited has preferred these writ appeals challenging the order passed by the learned

Single Judge dismissing the writ petitions. The learned Single Judge dismissed the writ petition relying on the judgment of this Court of yet another learned Single Judge in

W.P.No.66370/2009 decided on 18.11.2011.

2. In fact, this Bench had an occasion to consider the appeal preferred against the order - 37 - passed in W.P.No.66370/2009. By a considered order, writ appeal was dismissed in W.A.Nos.

30001/2012 and connected matters on

01.08.2012, by holding as under:

“14. When claims are made by the farmers, who have insured their crops, such claims under the Scheme, are settled only on the basis of the yield data furnished by the Director of Economics and Statistics, arrived at though regular crop cutting estimation surveys for production estimates and not on any other basis such as Annavari, declaration of drought or floods under Gazette Notification by any department/ authority. Therefore, when a claim is made under the Scheme, when it is not considered and relief is not granted to the farmers, he has no option except to approach the authorities/forum prescribed under the law for the adjudication of said Scheme. One such forum prescribed is the permanent Lok- - 38 - adalat. In the nature of things, the farmer can only put forth his claim based on the yield, which he had grown in the previous year and the yield he has grown in the relevant year and claim the insurance amount based on the shortfalls. As it is clear from the Scheme, the said claim is to be settled only on the basis of yield data furnished by the Director of Economics and Statistics arrived at through regular crop estimation surveys for production estimates and not on any other basis such as Annavari, declaration of drought or floods under Gazette Notification by any department/authority. This yield data is in the possession of the Implementing Agency. It is not available or easily accessible to the farmers. Therefore, an obligation is cast on Implementing Agency to produce this data before the Lok-adalat, so that based on the data the dispute can be adjudicated. - 39 -

15. If that data is not produced, even the Lok-adalat will be handicapped in deciding the claim of the claimants. At the same time, the Implementing Agency cannot withhold all the documents and make the adjudicating authority helpless. In such circumstances, the only Course open to the adjudicating authority is to look into the claim made by the farmers and it is the reason to grant the relief as prayed for. In the instant case, the Implementing Agency has produced the data showing the actual yield. They have not produced the data showing the threshold yield. But, in the statement of objection filed, they have mentioned what is the threshold yield. It is on that basis, they want to contend, as the actual yield is more than the threshold yield, there is no shortfall in the yield and as such, the farmers have not shortfall loss. The question of indemnification of the payment of money covered under the insurance Scheme would not arise. Such - 40 - a contention would have been accepted, provided the Implementing Authority has produced the data showing the threshold yield. In the absence of they producing threshold yield, it is not open to them to contend that the actual yield is more than threshold yield.

16. The material on record shows that at the relevant year the Government of Karnataka had declared Dharwad Taluk as a drought hit area. By mere such declaration, the farmer is not entitled to the insurance coverage. That declaration shows that there was drought, but in the normal course when there is drought, the yield would be less than when there was no drought. That is precisely the reason why the Scheme says threshold yield or guaranteed yield for a crop in an insurance Unit shall be the moving average based on past three years average yield in case of rice and wheat and five years average in case of - 41 - other crops has multiplied the level of indemnity. Therefore, if the Implementing Agency, in the background of these facts, want to deny the claim of the farmers, they should produce the data showing the threshold yield or the guaranteed yield calculated by the Director of Economics and Statistics. If that is not produced, their defence is not sustainable. Therefore, the learned Single Judge has demonstrated in his order how these figures look ridiculous. The figures given by the Implementing Agency cannot be acted upon. There appears to be no truth in what they are saying and that is the reason why they are trying to withhold from the adjudicating authority or from the Court to deny the just claim of the farmers. Having regard to the amount claimed by the farmers, which is very reasonable, coupled with the action of Implementing Agency, we are satisfied that this is not a case for interference under Article 226 of - 42 -

the Constitution of India, with the well- considered order passed by the learned single Judge. Justice has been done. No case for interference is made out. No merits in these appeals.”

3. Learned counsel for the appellant submits, the question involved in these appeals are identical with the question involved in that appeal. Therefore, all these appeals are dismissed following the reasons given by this

Court in the said writ appeal.

SD/- JUDGE

SD/- JUDGE mkc