IN THE HIGH COURT OF KARNATAKA, BENGALURU

(Original Jurisdiction)
Writ Petition No. ……………….…../ 2019 (GM-RES-PIL)
BETWEEN :

Mallikarjuna A,
S/o. Alegowda,
N.S. Road, Cheluru,
GubbiTaluk,
Tumkur District. …Petitioner

AND :

01. The Government of India,

Ministry of Agriculture and Farmers welfare,
Department of Animal Husbandry,
Dairying and Fisheries,
KrishiBhavan, New Delhi- 110001
Represented by its Joint Secretary

02. The Government of India,

Ministry of Home Affairs,
(Disaster Management Division)
“C” Wing, 3rd floor, NDCC II,
Jaisingh Road, New Delhi- 110001
Represented by its Deputy Secretary

03. State of Karnataka,

VidhanaSoudha,
Dr.Ambedkar Road,
Bengaluru- 560001
Represented by its Chief Secretary

04. The Department of Revenue,

Disaster Management, M S Building,
Dr. .Ambedkar Road,
Bengaluru- 560001
Represented by its Principal Secretary.

05. The Department of Animal Husbandry &

Veterinary Services,
Vikasa Soudha,
Bengaluru- 560001.
Represented by its Principal Secretary,
06. District Commissioners,
of all districts of Karnataka.
...Respondents

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIA

The petitioner above named, begs to state as below:

1. The Petitioner is the resident of Chelur Village of Gubbi Taluk,

Tumkur District and the Petitioner is an agriculturist. Apart from
his regular work of agriculture, the Petitioner is in the field of
social work and raising his voice against the illegal activities in
and around the village. In this petition, the Petitioner is
highlighting the misappropriation and mismanagement and not
properly implementing the scheme of opening of Cattle Camps -
Fodder Bank – Fodder Kits and death compensation for the
livestock of Farmers, which is the prime duty of the government
to serve the voiceless livestock of farmers, during the time of
drought, even after our sincere efforts of conveying them the
actual ground realities, needs and also against the directions of
this Hon’ble High Court, under Writ Petition number, 12968/2017,
filled by the same petitioner, which is discussed in detail, in the
facts of case. The Petitioner is filing this Petition in the interest
of the public, especially for the farmer livestock, those who could
not raise their voice as they are dumb and tied for the human
selfish. The Petitioner is not having any private interest in this
petition and seeks the permission of this Hon’ble Court to file this
Petition under Public Litigation.

BRIEF FACTS OF THE CASE

2. The respondent no.2, issues a circular, numbered 32-

7/2014-NDM-1 to all Chief Secretaries of all States and to the
Relief Commissioners/Secretaries, Department of Disaster
management of all states, on 08.04.2015 with the subject “Items
 and Norms of assistance from the State Disaster Response
Fund(SDRF) and National Disaster Management Response
Fund(NDRF) for the period 2015-2020, which is herewith
marked and produced as ANNEXURE-A.

Under the said circular, the Animal Husbandry and assistance to

small and marginal Farmers are provided with:

a. To replace the loss of milch animal with a cost of Rs. 30,000/-

if the animal lost is large and Rs. 3,000/- in case the animal lost
is small and draught animals or animals used for haulage
be replaced with a cost Rs. 25,000/- in case lost animal is
large and Rs. 16,000/- in case the lost animal is small, ceiling to
3 large milch animals or 30 small milch animals or 3 large
draught animals or 6 small draught animal per house hold,
during the time of disaster.
b. Provisions for fodder/feed concentrates including water
supply and medicines in cattle camps are provided to a large
animal, at Rs. 70/- per day and Rs. 35/- per day to a small
animal.

3. Using such provisions, the state disaster management division,

the respondent no. 6, open cattle camps and fodder banks, by
spending the maximum of Rs.70/- per large animal and Rs. 35/-
per small animal, per day.

4. When we found such spending was not uniform and not

reaching the needy in the drought of 2016-17, we approached
this Hon’ble High Court for remedies under, Writ Petition No.
12968/2017(GM-RES), wherein ordered on 03.04.2017, as to
make a representation to the Secretary, Revenue
department, Government of Karnataka, within fortnight, and such
representation shall be considered and disposed of, after giving
opportunities of hearing, as expeditiously possible. The said
 order copy is marked and produced herewith as
ANNEXURE- B.

5. Against such orders, we represented to the concerned

departments, by way of letters and mails on 04.04.2017,
21.04.2017, 16.05.2017, 14.06.2017,19.08.2017, 21.08.2017,
26.08.2017, 23.09.2017, 27.09.2017 which are marked and
produced as ANNEXURES-C to C8 respectively.

6. With this, the Petitioner has been called for attending meetings
on 03.06.2017, 18.07.2017, 08.08.2017 and 18.09.2017. The
Petitioner also accompanied a committee set up by the
Commissioner, Department of Animal Husbandry and Veterinary
Services, on 08.08.2017, against the orders of Respondent 5, to
study the deaths and reasons for such deaths, of cattle and
buffalo in the period of November 2016 to June 2017 and also
the cattle and buffalo sold because of non-availability of
fodder. The so framed committee consisted the below
executives, along with the petitioner:

a)Dr. B S Jambagi, Joint Director (State),

b)Dr. P Srinivas, Joint Director (Farms),

c) Dr. P. Maheshwara Gowda, Joint Director

(Expansion, education, training and R.K.V.Y.)

The copy of letter framing such committee is herewith marked and

produced as ANNEXURE- D.

7. The same committee went on tour to Tumkur and Kolar districts

on 26.08.2017 and 28.08.2017 respectively and prepared a
report and submitted to the government, which is herewith
marked and produced as ANNEXURE-D1.
In the so said report, which explains on the ground realities,
marks the below observations:

a. The fodder availability assessment is not scientific and can

never match with the ground figures as it is impossible to
survey house wise due to shortage of manpower and as
described by the ground level officers of the animal husbandry
department itself, they just tabulate according to the visuals of
the fodder availability, as and when they go on visits to the
villages on attending particular cases and also by evaluating
the figures of area sown and yield obtained, by the
department of agriculture.

Based on such unscientific and unrealistic figures the services

to the farmers on providing the fodder in times of drought will
be designed. If the fodder availability so reported by the base
animal husbandry officers, is sufficient for too many weeks,
the government doesn’t start the fodder banks or the cattle
camps, to give succour to the livestock, even though there is
no such guidelines in disaster management to serve only
when there is minimum fodder available for so many weeks.

Now, when such a report itself is not up to reality as admitted

by the Animal Husbandry officials itself, then how well is it fair
to keep such report as base for knowing availability of fodder
and to serve the needy in time of natural disaster like drought.
The justice to the voiceless tied animals and to the farmer
community in such a severe time of drought is denied and
because of which the farmers sell their livestock at distress
rates, thus ending at long term loses.

b. That the farmers sold their livestock at distress due to lack of

succour as the distance of government providing them the
 succour was too far for them to maintain the family and other
daily activities, by going such far distance to avail succour to
their livestock.

This is straight violation of the guidelines of the disaster

management, as it states that during time of disaster, which is
annexed as annexure L, it is the responsibility of the
government to avail them the succour and see that the
farmers don’t sell off their livestock at distress rates. This
affects the socio economic scenario in the rural base by
seeing that the farmers couldn’t get their daily income and
manure for their lands, as they get it from their livestock and
also ending up in loss by selling such livestock under distress
value.

c. The scheme of animal death compensation, as mentioned in

annexure A and explained in pyara 2(a), is not at all published
and educated to the ground level officers of the Animal
Husbandry and then even to the farmers also. This is not
been implemented from 2015 itself, from when this scheme
was announced. The officers also admit that they don’t have a
mechanism of recording deaths of animals, for which the Joint
director (farms) tells that a circular will be made in this regard
at the earliest.

By depriving the already struggling farmer community of such

a compensation in time of drought, the respondents, commit a
severe breach of law, even though they were been repeatedly
requested and enlightened through petitioner, by way of
letters, mails and personal meetings marked as annexure C to
C8, on this scheme been denied to the farmers.
d. The officials of the Animal Husbandry department, working on
ground, request to frame a JOB-CHART, specifying the
responsibility of each official in handling the Cattle camps,
Fodder banks or any other drought related programs
concerned to the livestock, as there are no such clear
guidelines from the government on handling and responsibility
sharing.

The Cattle camps and Fodder banks are operated in co-

ordination of Revenue and Animal Husbandry departments.
As there are no specific guidelines being in force on operating
methodology of such facilities in time of drought, there were
issues between these two departments officials, because of
which major havocs occurred, which is well explained by the
Upa Lokayukta, Justice Subhash Adi, in his report as against
the petitioners complaint, which is annexed as H. When the
government itself didn’t bother to fix the responsibilities, then
naturally the officials overlooked the guidelines and thus again
hitting on the end user, that is the farmer.

e. The farmers who ever had the facility of irrigation, were given
fodder seed mini kits and they grew green fodder with those
seeds so supplied by the department of Animal Husbandry
and utilized the same fodder to their livestock and sold the
excess to the other farmers, who didn’t have sufficient
irrigation facility nor fodder stock, at a premium price, thus
benefiting themselves and depriving the other farmer right
over fodder in time of drought.

In the district of Kolar, when the petitioner with the committee

visited, were of the shock to see a farmer selling the same
grown green fodder at a price of Rs. 1500/- extra, per ton,
than the actual, which is very well marked in this report. The
 concerned departments didn’t even had a courtesy to interfere
and advise on the cost issue, they just saw the happening, as
if they were nowhere related to it. This again is building up the
socio economic gap between the farmers, with that the hatred
and also intern pushing the crime level.

The respondents think that, where ever the fodder seed mini
kits are been disbursed, then there doesn’t arise the need of
any cattle camp or fodder banks. But the facts are more brutal
than they think.

f. The farmers, who were far from such cattle camps or fodder
banks or not known about such facilities, who were really
afraid of their future. It is fact reported in the annexed report.
This is major concern to be addressed, as such situations
only lead to suicides, as they think, it is their end and nothing
is positive and everything is blank and standing at a dead
end.

It is time of drought, when and where actually a farmer needs

the very much help of the government, as the very basics are
been under question and unaddressed. But farmer stands in
no man’s land, when he is not served or even educated on his
rights during time of drought.

8. The Under Secretary to the department of Animal Husbandry

and Fisheries, writes to the respondent 4, on 04.03.2017, on
issuing the specific orders on the scheme of death relief to the
animals dead in time of drought as per the directions in annexure
A. Such letter is herewith marked and produced as ANNEXURE-
E.
 The same letter still stands unaddressed and not even cared of
its effects and need in such crisis.

9. The petitioner continued his efforts, via letters, mails and

meetings, at last, the Principal Secretary, Revenue
Department(disaster management), Mr. Rajkumar Khatri, who is
presently Principal Secretary, Department of Revenue, issues
the orders on 22.09.2017 as against petitioners representations,
as instructed by this Hon’ble High court, marked as annexure B.
The so issued order of the Principal Secretary, Revenue
Department(disaster management), Mr.Rajkumar Khatri,
respondent no.4,is here with marked and produced as
ANNEXURE-F.

The same orders of the Principal Secretary, Revenue

Department (disaster management), Mr.Rajkumar Khatri, had the
below observations:

a. He states that a house hold survey is conducted to assess the

fodder availability.

But it is strictly denied by the ground level officers of the

animal husbandry department, who are the actual persons
assigned that job of fodder availability assessment and the
same is been marked in the report of the committee, which is
marked and produced as Annexure-D1.

Further continuing, it is a fact more fully overlooked, as it is

evident by the reports submitted by the state to the centre on
the availability of the fodder, as the department of animal
husbandry and Veterinary sciences, Karnataka, fails to report
to the Ministry of Animal Husbandry and Farmers welfare,
New Delhi, as the state didn’t maintain any such records,
 which was advised to report on available fodder and other
related matters in prescribed format, every fortnightly, vide
letter dated 18.04.2016, which is herewith marked and
produced as ANNEXURE-G.

The department of animal husbandry and Veterinary sciences,

Karnataka, reports only for two fortnights, whose copies are
marked and produced here with as ANNEXURE- G1.

b. 448 fodder banks were set up and 99 goshalas were opened .

There were major violations of guidelines in such opened
facilities also, it seems they were just seen on papers adding
to numbers, but ground realities in such facility centres are
listed below:

b.1) The mismanagements and disability of the government is

very well explained by UpaLokayukta, Justice SubhashAdi, in
his report on his field visits to all Cattle camps of
Tumkur district, as against the petitioners complaint
no.COMPT/UPLOK/BD/401/2017, with allegations on
misappropriation of funds in handling cattle camps in Tumkur
district. The same report is here with marked and produced as
ANNEXURE- H.

b.2) There was no quality assurance of the fodder served in

the cattle camps or in fodder banks as there were no specific
guidelines to the officers on running a cattle camp or fodder
banks and it is marked in a letter from an Assistant Director of
Animal Husbandry department, Chikkanayakanahalli, Tumkur
District, to his Deputy Director, where in speaks on the lack of
coordination of the revenue officers in assuring the quality
before disbursing to the farmers. The same letter is herewith
marked and produced as ANNEXURE- H1.

b.3) The Circular dated 09.12.2016, issued by the Additional

Chief Secretary, on arrangements of succour to livestock, in
the drought hit taluks, advises to open the fodder bank at
gram panchayat level, which makes, fodder more assessable
to all farmers. The same circular is marked and produced
here with as ANNEXURE- H2.

But no such arrangements were made in serving the needy

and were quite evident when we visited the field and marked
in Annexure-D1.
b.4) The Government of Karnataka, issues an order on
01.08.2012, to give 5 to 8kgs of dry fodder and even 30 gms
of mineral mixture also. The order is herewith marked and
produced as ANNEXURE-H3.

This order is mentioned till today for the quantity of fodder to

be distributed, which itself is not cut and clear.

But, the farmers were given 4 to 5kgs of green fodder, which

is very much insufficient to maintain their health, production
and also reproduction. This is quite evident from the letter
dated 06.01.2017, from the Deputy Director of Animal
Husbandry, Tumkur, to his District Commissioner, wherein he
specifies on the need of minimum, 15kg if it is green and 8kg
if it is dry fodder. The same letter is marked and produced
herewith as ANNEXURE-H4.

In an another letter dated 06.03.2017 from Assistant Director,

Animal Husbandry, TurvekereTaluk,Tumkur District, to his
Deputy Director, states on distribution of 4kg green fodder,
which is against the norms of NDRF, which insists to give
minimum of 5kg, dry fodder. The same letter is herewith
marked and produced as ANNEXURE-H5.

In a reminder letter from District Commissioner of Tumkur,

dated 14.02.2017, writes to Deputy Director, Animal
Husbandry, Tumkur, all Assistant Commissioners and
Tahasildars in Tumkur district, quoting on the wastage of
fodder in the cattle camps, he visited. He states to advice
farmers to chop the fodder and feed them and see that the
fodder is not wasted. This clearly shows that that the so feed
fodder was not in edible state and out of the very low quantity
given, there were further wastage of fodder was found, which
means that the quantity of intake by live stock is reduced
further and thus deteriorating its physical health and then its
production also. The same letter is herewith marked and
produced as ANNEXURE- H6.

b.5) In most of the fodder banks, there was no wide publicity

on the sale of fodder in the fodder bank, at a subsidised rate
of Rs.2/- as per the Karnataka Government Proceedings,
dated 15.02.2017, because of which the stocks remained
unsold for months, even in well-educated farmers area of
Bengaluru Rural, which is evident from the stock books of the
same fodder banks. The copy of Karnataka Government
Proceedings, dated 15.02.2017, stating on the subsidized rate
of Rs.2/- per Kg of fodder at fodder banks and stock books
maintained in Bengaluru Rural fodder banks, are herewith
marked and produced as ANNEXURE-H7 & H8 respectively.
 b.6) In other cases, there were no proper stocks maintained to
distribute to the farmers and farmers had days without fodder,
sometimes even weeks. The stock register of the same cattle
camps and fodder banks of Chamarajanagara District, very
well showing such dry days, is herewith marked and produced
as ANNEXURE- H9.

There are several more instances which have been observed

in almost all such facility centres, which are evident from the
stock registers, which are with us and will be provided if the
Hon’ble court orders, and presently not enclosed, because
they are in Kannada language and needs translation.

In an another case, letter dated 16.03.2017 from Assistant

Director, Animal Husbandry, TurvekereTaluk, Tumkur District,
to his Deputy Director, “ the reason for not distributing the
fodder in time, is because of non-availability of fodder stock in
the cattle camp and this has happened for the second time”.
The same letter is herewith marked and produced as
ANNEXURE- H10.

b.7)With all these difficulties, the farmers continued to co-

operate and stay in cattle camps and fodder banks, as they
didn’t have any other alternative. Under such days of high
living uncertainty, they were even disrespected by the
officials. One such instance reported in the newspaper, where
in the Assistant Commissioner of Kollegala Taluk of
Chamarajanagara District, states to “Sell off the livestock, we
cannot give them fodder”. The same newspaper copy is
herewith marked as ANNEXURE-J.

c. In his order, Respondent no. 4 Continues to state that, during

the period November 2016 to June 2017, 2950 cattle deaths
 were reported and out of which 1160 cases were
compensated under various insurance schemes and other
cases are not eligible for any compensation. Knowing the fact,
that there is a scheme to compensate all cattle and buffalo
dead during drought in the said guidelines of NDRF and
SDRF assistance to disaster and also very well explained by
us through our various letters, mails and meetings, marked as
annexure C to C8, he does dare to do injustice to the farmers
of our state by not taking the risk of evaluating the actual
deaths in drought and compensating/replacing them.

Further there were reports of deaths in cattle camps itself,

which were also not been compensated. The copy of all such
reports of deaths in cattle camps are marked and produced
herewith as ANNEXURE-K, K-1, K-2, K-3, K-4 & K-5
respectively.

Knowingly, Mr. Raj Kumar Khatri, who was the then principal
secretary Animal Husbandry and in charge of Disaster
management also, does a major injustice to the eligible
farmers of the State.

10. The National Disaster Management Guidelines,

Management of drought, Sep 2010, under Cattle health care,
stipulates the need of formulating policies regard to nutritional
nurture to the livestock, similar to that of the Integrated Child
Development Systems (ICDS in short form) scheme in case of
child and women nutrition and also other needs in time of
drought to prevent the distress sale of livestock by the farmers.
But no such initiative is taken and in fact the livestock reared by
the farmers, if not nurtured properly, go back in reproduction, by
not conceiving in time or aborting or giving birth to a dead calf or
even dye during delivery of calves and becoming an
 unproductive asset and bound to be sold to beef exporters at a
nominal cost. The National Disaster Management Guidelines,
Management of drought, Sep 2010, Cattle health care is marked
and produced as ANNEXURE-L.

The same guidelines presses on the need of the fodder policy by

each state, as in Tamil Nadu, where in the grazing land will never
be utilized to other purposes, until and unless the same quantity
of land is made available in the same district. But in our state
most of the grazing lands, named as GOMALA are been granted
for individual needs rather than been cared for growing fodder,
as they were originally marked for and such grant of grazing
lands are done against the government order, marked herewith
as ANNEXURE- M.

11. With all above facts and observations, there will be a Inter
Ministerial Central Team (IMCT in short form), constituted by
Respondent no 1, to study the drought situation and the need of
actual relief under NDRF in comparison with the request given
by the state government through a memorandum. So framed
IMCT, will meet the state executives and travel along the drought
hit areas and prepare a report.

In such reports, pertaining to Khariff-2016 and Rabi-2016/17, the

IMCT states that there were no mortality in time of drought, as
per the information revealed by the Animal Husbandry officials,
where in, it is a fact that, they don’t have a mechanism to register
deaths and just giving falls information to the IMCT and the same
IMCT, without cross checking the information and knowing the
method involved to record the death of animals by our state
Animal Husbandry department and the number of animals been
compensated as per SDRF and NDRF guidelines, they just
acknowledge to the information provided by our state
government officials and overlook their actual job assigned.
Actually there were deaths recorded in that period also, as seen
in Annexure-K to K5.

In such IMCT report prepared as against the memorandum,

submitted by the Karnataka State Government to Government of
India, seeking assistance for drought mitigation measures for the
Kharif season of 2015, which states that the state has requested
for an central government assistance under NDRF for
Replacement of milch/draught animals of Rs. 50.0 crores, but
didn’t continue the same in their coming year requests to the
central government, under NDRF.

In spite knowing such a scheme and requesting for such a huge

amount, the state, didn’t make it compulsory to record the deaths
and because of which the actual dead animals were not been
compensated also.

In the same report of IMCT for kharif- 2015, the IMCT, disputes
the fodder assessment of the state, which states that, the state
reports that the availability of fodder is 26.51 lakh tones, which is
sufficient for 5 weeks, which is average, but taking into
consideration of the availability of the fodder in the drought hit
areas, the situation is very scarce and the fodder is sufficient for
the next 2-3 weeks only, thus disputing the fodder assessment of
the state government.

It is almost every time seen that they will come in urgency and
fix their schedule in hours and run away with the bit of visuals
and information they collect and prepare a unrealistic report,
without caring on the lives of our state which will be affected by
such reports. Such report of IMCT pertaining to Khariff-2015 and
Khariff-2016 are herewith marked and produced as
ANNEXURE- N & N1 respectively.
12. In spite of learning from the previous mistakes, the
respondents, continue to follow the same unlawful procedures to
serve the livestock of farmers in the present drought. In the
present year of 2018-19, Rabi, totally 156 taluks are declared
drought as per the proceedings of the Cabinet Sub Committee
held on 26.12.2018. The copy of the same proceedings is here
with marked and produced as ANNEXURE- P.

In the said proceedings the Respondent no. 6 are been directed

to ensure the animals in the drought hit areas are safeguarded
by providing fodder, drinking water and etc., as prescribed in the
items and norms of assistance and the guidelines of
administration of SDRF / NDRF.

Even after such instructions, the respondent no. 6 open facility

centres for the farmer livestock at very little places, which are
listed and produced herewith as ANNEXURE-Q.

In remaining places the farmer livestock are been unserved

stating the reason that there is enough stock to feed their
livestock, as per the house hold survey report on fodder
availability, which are marked and produced herewith as
ANNEXURE-R and R1 respectively.

The report of fodder availability is prepared by house hold

survey, that to every week, when it is impossible with the animal
husbandry departments present human resource, which is to be
adjudicated by the respondent no.6. Based on such unrealistic
figures of fodder availability the farmer livestock are been
un-served in almost all parts of the drought hit areas of the state,
where in no specific directions to keep such farmer livestock, un
served, if fodder is available in that area or may be served on
 need. In fact they are been advised as per annexure L, to take
special care in time of drought with regard to the animal nutrition
and health.

The bare minimum facility centres opened for the farmer

livestock, there are again the same mismanagements,
unprepared ness and farmer disrespecting is continued, which
are reported in the daily local and state newspapers, whose
copies are marked and produced herewith as ANNEXURE- S, S-
1, S-2, S-3, S-4 & S-5 respectively.

GROUNDS FOR PRAYER

13. There is a very clear cut instruction in Annexure A, which

stipulates the scheme of replacing the dead animals during the
time of drought, which is without any specific criteria for eligibility,
which can be given to all small and marginal farmers, with a limit
fixed on number of maximum animals that can be compensated,
per household. The existence of scheme is also admitted by the
department of Animal Husbandry and Veterinary Sciences, which
asks the Respondent no. 5 for specific orders on executing such
scheme of death compensation as seen in Annexure F and
overlooked then after.

14. The Petitioner generously waited and represented several

times, with letters and mails annexed as Annexure-C to C8, on
this scheme being unpublished and not reached to the
beneficiary. Even then after such representations and even
against orders of this Hon’ble High Court, marked as
Annexure-B, to consider our representations, the respondent no.
4 overlooks the guidelines and his duty to serve the needy and
delivers an impugned order marked as Annexure-F.
15. It is more fully admitted by the officers of the Animal
Husbandry working on ground, that there is no such scheme of
death compensation, during the time of drought, been educated
to them nor to the farmers and even the mechanism of recording
of deaths of animals in time of drought is also not done as there
are no such orders, before the committee so framed as against
the letter annexed as Annexure-D, which is very much evident by
the report submitted by the so framed committee, marked as
Annexure-D1.

16. The ground level officers of the animal husbandry

department insist for a JOB-CHART, for handling, the cattle
camps and fodder banks and drought reliefs concerned to
Animal Husbandry as mentioned in the report annexed as
Annexure-D1.

This JOB-CHART is still not done, which shows the concern of

the animal husbandry, in serving the needy in time of drought,
which is actually their duty.

17. A clear guidelines on handling the drought concerned to

the Animal Husbandry is not designed, which actually involves,
both revenue and animal husbandry department officials, and
when naturally two departments are involved, there arises the
need of more specific guidelines on fixing the responsibility of the
works to be carried out. No such guidelines is issued till date by
the respondents, which intern caused lot of havoc in managing
the cattle camps and fodder banks in the past and present, as
marked by the Upa Lokayukta, Justice Subhas Adi in his report,
marked as annexure H and in the copies annexed as H1 to H10.
 GROUND FOR INTERIM PRAYER

18. It is very much evident that as per annexure A, the items

and norms of assistance from SDRF and NDRF, for the period of
2015-2020, it gives a provision to spend Rs. 70/- per large
animal and Rs.35/- per small animal per day, in time of drought,
with no conditions on the availability of fodder with the farmer or
in the a particular vicinity or depending on the quantum of fodder
seeds been distributed, etc. This spending of such amount over
livestock are not been endorsed with any condition, but only the
period of such facility is conditional, which is as per the
assessment of State Executive Committee and Central team(in
case of NDRF).

But the facility of fodder distribution to the farmers, in drought hit

areas, are been withheld this year other than very few places,
stating that there is fodder available for so many weeks, as per
the report of Animal Husbandry, which itself is unscientific and
unrealistic, as it is impossible with the present man power with
the department of Animal Husbandry to give reports of fodder
availability, hose hold, on weekly basis, which is very well
admitted by the ground level officers, as marked in Annexure-D1
and also from Annexure G & G1, where in the department of
Animal Husbandry fails to report on the fodder availability, to the
respondent no.1, as they didn’t have such records of fodder
available in the state and also such fodder assessment report is
been certified by the IMCT, which disputes the fodder
assessment of the state, which states that, the state reports that
the availability of fodder is average, but taking into consideration
of the availability of the fodder in the drought hit areas, the
situation is very scarce and the fodder is insufficient for whatever
the period specified by the state animal husbandry department.
 Based on such unfair and unrealistic reports, the respondents
are not serving the voiceless community of farmer livestock,
which may be treated as violation of human rights also, as it is
the duty of the respondents to serve the needy in time of natural
calamities, like drought.

Even if such report is taken into consideration, which is acting as

the base for opening facility centres, there is no perfect
guidelines on where the facilities to be given when such place
goes below such many weeks of fodder availability.

PRAYER

WHEREFORE, it is most respectfully prayed that this Hon’ble Court

may kindly be pleased to:

i) Issue a Writ of Mandamus directing the respondent No4, to

conduct a survey on the number of small and marginal farmers reared
animals death in the drought declared taluks of the state from 1st April
2015, from which day the scheme on farmer livestock death has come
into existence , till date, during the period of drought or any other
disaster and compensate such animals as per the “Items and Norms of
assistance from the State Disaster Response Fund (SDRF) and
National Disaster Management Response Fund (NDRF) for the period
2015-2020” and continue such compensation till date of end of such
scheme, which is till, 2020., in the interest of justice and equity.

ii) Issue a Writ of Mandamus directing the respondent no. 5 to make it

compulsory to record the death of farmer livestock in time of drought in
the interest of justice and equity.

iii) Issue a Writ of Mandamus directing the respondents to design an

execution cum job chart, for handling drought relief works concerned
to Animal Husbandry assistance during time of natural calamities,
especially drought, which specifies the below:
a. Educating farmers in mitigating the effects of drought, by
planning soil adoptable fodder crops, which can survive and give yield
even at very low precipitations and see that the production and income
from such livestock to the farmers, doesn’t come down in time of
drought and also see that the farmers never sell their live stocks at
distress rates due to lack of succour.

b. The perfect action plan on the quantity and quality of the succour
required, how and where to procure such succour and the place of
installing such facility of serving.

c. The scientific design of basic infrastructure for sheltering the

livestock, manger, for seeing that there is no wastage of fodder and
also place to preserve succour.

d. Fixing the responsibility of officials in building the Infrastructure,

with its specifications and designs, the quantity and quality of succour
to be provided as per animal science and having a 24x7 assistance,
meeting all nutritional and health requirements and see that the
animals will be healthy with no deterioration in their milk and calf yield.

e. The vide publicity of such facility be made to reach and serve

maximum number of farmers.

f. Handling the farmers with due respect and also providing them
clean drinking water and also food, if any provisions can be made
under other heads of assistance., in the interest of justice and equity.

iv) Grant any other Writ or directions which this Hon’ble Court deems
fit to grant under the facts and circumstances of the case in favour of
the Petitioner along with the cost of this Petition, in the interest of
justice and equity.
 INTERIM PRAYER

Pending disposal of the above Writ Petition, the petitioner most

respectfully prays that this Hon’ble Court may be pleased to, in
the interest of equity and justice to open fodder banks at gram
panchayat level or Cattle camps at hobli level immediately at all
drought declared taluks of the present year, where ever the
fodder so available is sufficient for 15 weeks and below, with all
veterinary assistances as per the norms of National Disaster
Management Guidelines with vide publicity on the facility for the
period of drought declared and continue till sufficient fodder is
available.

Place : Bengaluru (AMRUTHESH.N.P.)

Date : Advocate for Petitioner

ADDRESS FOR SERVICE:

Amruthesh N.P.,
Advocate,
No.15/1, 1st Floor,
3rd Cross, Sampige Road,
Malleshwaram,
Bengaluru-560 003.
Phone No.94484 60811.
 IN THE HIGH COURT OF KARNATAKA, BANGALORE
W. P NO. …………./2019 (GM-RES-PIL)
BETWEEN:
Mallikarjuna A ….Petitioner

AND :
The Government of India & Others … Respondents

VERIFYING AFFIDAVIT
I, Sri.Mallikarjuna. A S/o Halegowda, aged about 37 Years, residing at

NS Road, Chelur, GubbiTaluk, Tumkur District, today at

Bengaluru state on oath as under :

1. I am the petitioner in the above case, well conversant with the

facts and circumstances of the case and accordingly deposing
to this affidavit on my behalf.

2. I submit that the averments made in Paragraphs 1 to 18 in

the memorandum of Writ Petition are true to the best of
my knowledge, belief and information.

3. I submit that Annexure-A to S5 are true copies of originals.

Identified by me Deponent

Advocate
No. of Corrections:
Place: Bangalore
Date:

IN THE HIGH COURT OF KARNATAKA, BANGALORE

 W. P NO. …………./2019 (GM-RES-PIL)
BETWEEN:

Mallikarjuna A ….Petitioner

AND :
The Government of India & Others … Respondents
SYNOPSIS

Sl. No. Date Particulars

The respondent no. 2 issues the “Items and

Norms of assistance from the State Disaster
Response Fund (SDRF) and National
08.04.2015
01 Disaster Management Response Fund(NDRF)
for the period 2015-2020”, which is marked as
Annexure-A

The Hon’ble High Court of Karnataka, issues

directions to the petitioner to make
representation before respondent no. 5 on the
issues faced regard to animal husbandry
02 03.04.2017 assistance in time of drought and such
representation be considered and disposed of
as expeditiously as possible, by giving
opportunities of hearing. The copy of such
order is marked as Annexure-B

The representations and mails sent to the

04.04.2017 to respondents as per the orders of the Hon’ble
03
27.09.2017 High Court, which are marked as Annexure-
C1-C8.

The office order copy, issued by the

Commissioner of Animal Husbandry and
Veterinary Sciences, department, on forming a
04 08.08.2017 committee to do the field survey on the
livestock death, distress sale of livestock and to
report on the fodder banks and cattle camps in
that period, which is marked as Annexure-D

05 -------------- Translated copy of annexure D

 26.08.2017 The copy of reports submitted by the
06 and committee so framed against annexure-D,
28.08.2017 which are marked as Annexure-D1.

07 --------------- Translated copy of annexure D1

Copy of letter from the Under Secretary, Animal

Husbandry and Fisheries, to the revenue
08 04.03.2017 department, Principal Secretary, for perfect
orders on livestock death compensation, during
time of drought, marked as Annexure-E.

The orders of the Principal Secretary,

Department Of Revenue, Disaster
09 22.09.2017
Management, as against our representations,
which is marked as Annexure-F.

10 ------------ Translated copy of last sheet of annexure F.

Copy of letter issued by, Respondent no.1 to all

Chief secretaries of all states on the reporting
11 18.04.2016
of fodder availability in a prescribed format,
marked as Annexure-G.

Copy of a reply to the petitioner’s RTI request

to respondent 1, on the copies of report sent by
12 20.04.2017
our state to them as per instructions, marked
as G1.

Copy of the report of the UpaLokayukta, as

against the complaint of the petitioner, showing
13 21.06.2017 the inadequate measures in putting up basic
infrastructure and other execution lapses,
marked as Annexure-H

14 -------------- Translated copy of annexure H

Copy of the letter from Assistant Director of

Animal Husbandry, Chikkanayakanalli, Tumkur
District, to his Deputy Director, on issues
15 20.03.2017
related to non-certification of fodder quality
before unloading from trucks, marked as
Annexure-H1.

16 -------------- Translated copy of annexure- H1

17 09.12.2016 Copy of the circular, from, Additional Chief

 Secretary, on giving fodder and drinking water
to the Livestock of farmers, in 139 drought
declared taluks of the state in 2016-17, which
is marked as Annexure-H2.

18 ------------- Translated copy of annexure-H2

Copy of the government orders on the quantity

of fodder to be given per animal, per day, in the
19 01.08.2012
facility centres of the government in time of
drought, marked as Annexure-H3

20 ------------- Translated copy of annexure-H3

The copy of a letter from Deputy Director,

Animal Husbandry, Tumkur, to his District
21 06.01.2017 Commissioner, on the need of giving optimum
quantity of fodder to the livestock of farmers,
marked as Annexure-H4.

22 -------------- Translated copy of annexure-H4

A Copy of the letter from Assistant director,

Turvekere, to his Tahasildhar, on the
23 06.03.2017 inadequate quantity of fodder given to the
farmers, overlooking the NDRF guidelines,
marked as Annexure-H5

24 -------------- Translated copy of annexure-H5

A copy of reminder letter from District

Commissioner, Tumkur, to Deputy Director,
25 14.02.2017 Animal Husbandry, Tumur, all Assistant
Commissioners and Tahasildars in Tumkur
District, marked as Annexure- H6

26 ------------- Translated copy of annexure-H6

A copy of Karnataka Government Proceedings,

issued on subsidizing the fodder cost at the
27 15.02.2017
fodder banks, to Rs. 2/-, which is marked as
Annexure-H7.

28 ------------ Translated copy of annexure- H7

29 15.02.2017 to Copy of stock registers maintained for so

10.03.2017 period, day wise in the Fodder banks opened in
 Bengaluru Rural District, which show the
stocks kept unsold, due to lack of publicity,
marked as Annexure-H8.

30 -------------- Translated copy of annexure- H8

Copy of stock registers maintained for so

period, day wise in the Fodder banks and cattle
camps opened in Chamarajanagara District,
15.02.2017 to
31 which show the stocks not maintained every
10.03.2017
day, due to lack of preparedness and interest in
serving the livestock in time of drought, marked
as Annexure-H9.

32 ------------- Translated copy of annexure-H9

Copy of Letter written from the Assistant

Director, Animal Husbandry, TuvekereTaluk,
Tumkur District, To his TalukTahasildar, on the
33 16.03.2017
reason for delay in disbursement of fodder at
cattle camps is lack of fodder stock, which is
marked as Annexure-H10

34 ------------- Translated copy of annexure-H10

Copy of a News Paper, commenting on the

statement of a AC of Kollegala,
35 21.04.2017 ChamarajaNagara, who tells the farmers to sell
off their livestock, as they are unable to provide
succour, which is marked as Annexure-J

36 ------------ Translated copy of annexure-J

Copies of the reply given by different Animal

Husbandry department officials, as against the
RTI request of the petitioner on the count of
death of livestock in the cattle camps opened in
13.10.2017 to their respective places and if any
37
10.10.2018 compensation was provided to such deaths,
during time of drought, is marked as Annexure-
K-K5, which shows, none of such deaths are
been compensated as per norms of SDRF and
NDRF.

38 ------------- Translated copy of annexure K, K2, K3,K4,K5

39 September Copy of page 54 from the National Disaster

 Management Guidelines, Management of
Drought, which stipulates the type of special
2010 care to be taken concerned to Cattle Health
Care, during time of drought, marked as
Annexure-L.

Copy of the government orders, to grant the

lands meant for grazing(Gomala) to the
40 16.02.2017 farmers who are in position of such land and
have applied for such land to be granted to
them, marked as Annexure-M

Copy of IMCT report on their visits to our state

in assessing the need of actual funds to
monitor the drought in that period, which states
8th to 12th of that the state asked for the amount for animal
41
Sept 2015 replacement as per NDRF and SDRF
guidelines and also the fodder assed by our
state is out of reality. The copy of the same
report is marked as Annexure-N.

Copy of IMCT report on their visits to our state

in assessing the need of actual funds to
monitor the drought in that period, which states
that the state government Animal Husbandry
2nd to 5th of department officials reveal that there are no
42
Nov 2016 mortality of animals recorded in that time of
drought. But there were deaths as per the
annexure-K-K5, which is been not conveyed to
the IMCT. The copy of the same IMCT report is
marked as Annexure-N1.

Proceedings of the Cabinet sub Committee,

43 26.12.2018 declaring 156 taluks as drought affected during
Rabi 2018-19, marked as annexure-P

List of Cattle camps and fodder banks opened

44 18.03.2019
as on 18.03.2019 marked as Annexure-Q.

House hold survey report of fodder availability

5.11.2018& in 30 districts of the state on 5.11.2018 and
45
5.03.2019 05.03.2019, marked as Annexure-R and R1
respectively

46 14.03.2019 to Articles in the Newspapers which highlight on

21.03.2019 the lack in services to the Livestock of
 Farmers, marked as Annexure S-S5

FACTS OF THE CASE

The petitioner is approaching this Hon’ble High Court for issue writ in
the nature of Mandamus directing the respondents to act according to
the “Items and Norms of assistance from the State Disaster Response
Fund (SDRF) and National Disaster Management Response
Fund(NDRF) for the period 2015-2020”, follow the guidelines of the
drought management as advised in the manual of National Disaster
management Guidelines, September-2010 by educating and
respecting the farmer community, in the interest of justice and
equality.

Place : Bengaluru (AMRUTHESH.N.P.)

Date : Advocate for Petitioner.

IN THE HIGH COURT OF KARNATAKA, BANGALORE

 W. P NO. …………./2019 (GM-RES-PIL)
BETWEEN:
Mallikarjuna A ….Petitioner
AND :
The Government of India & Others … Respondents
INDEX
Volume-1

Sl. Particulars Page

No. Nos.
1 Synopsis
2 Memorandum of Writ Petition
3 Affidavit
4 Annexure-A: Copy of Items and Norms of assistance
from the State Disaster Response Fund (SDRF) and
National Disaster Management Response Fund(NDRF)
for the period 2015-2020
5 Annexure-B: Copy of Hon’ble High Court orders in WP-
12968/2017
6 Annexure-C to C8: Copies of representations given to
respondents.
7 Annexure-D: Copy of office order, issued by the
Commissioner of Animal Husbandry and Veterinary
Sciences, department, on forming a committee to do the
field survey on the livestock death, distress sale of
livestock and to report on the fodder banks and cattle
camps in 2016-17
8 Translated copy of Annexure-D
9 Annexure-D1:Copy of the field visit report prepared as
instructed under annexure D

10 Translated copy of Annexure-D1

11 Annexure: E: Copy of letter from the Under Secretary,

Animal Husbandry and Fisheries, to the revenue
department, Principal Secretary, for perfect orders on
livestock death compensation, during time of drought
12 Translated copy of Annexure-E
13 Annexure-F: The orders of the Principal Secretary,
 Department Of Revenue, Disaster Management, as
against our representations and WP 12968/2017 orders
of the Hon’ble High Court
14 Translated copy of Annexure-F last sheet.
15 Annexure-G: Copy of letter issued by, Respondent no.1
to all Chief secretaries of all states on the reporting of
fodder availability in a prescribed format.
16 Annexure-G1: Copy of a reply to the petitioner’s RTI
request to respondent 1, on the copies of report sent by
our state to them as per instructions.
17 Annexure-H: Copy of the report of the Upa Lokayukta,
as against the complaint of the petitioner, showing the
inadequate measures in putting up basic infrastructure
and other execution lapses.
18 Translated copy of annexure H
19 Annexure-H1: Copy of the letter from Assistant Director
of Animal Husbandry, Chikkanayakanalli, Tumkur
District, to his Deputy Director, on issues related to non-
certification of fodder quality before unloading from
trucks.
20 Translated copy of annexure- H1
21 Annexure-H2: Copy of the circular, from, Additional
Chief Secretary, on giving fodder and drinking water to
the Livestock of farmers, in 139 drought declared taluks
of the state in 2016-17.
22 Translated copy of annexure-H2
23 Annexure-H3: Copy of the government orders on the
quantity of fodder to be given per animal, per day, in the
facility centers of the government in time of drought
24 Translated copy of annexure-H3
25 Annexure-H4: The copy of a letter from Deputy Director,
Animal Husbandry, Tumkur, to his District
Commissioner, on the need of giving optimum quantity
of fodder to the livestock of farmers.
26 Translated copy of annexure-H4
27 Annexure-H5: A Copy of the letter from Assistant
director, Turvekere, to his Tahasildhar, on the
inadequate quantity of fodder given to the farmers,
overlooking the NDRF guidelines,
Volume-2
28 Translated copy of annexure-H5
29 Annexure- H6: A copy of reminder letter from District
Commissioner, Tumkur, to Deputy Director, Animal
Husbandry, Tumur, all Assistant Commissioners and
 Tahasildars in Tumkur District
30 Translated copy of annexure-H6
31 Annexure-H7: A copy of Karnataka Government
Proceedings, issued on subsidizing the fodder cost at
the fodder banks, to Rs. 2/-.
32 Translated copy of annexure- H7
33 Annexure-H8: Copy of stock registers maintained for so
period, day wise in the Fodder banks opened in
Bengaluru Rural District, which show the stocks kept
unsold, due to lack of publicity.
34 Translated copy of annexure- H8
35 Annexure-H9: Copy of stock registers maintained for so
period, day wise in the Fodder banks and cattle camps
opened in Chamarajanagara District, which show the
stocks not maintained every day, due to lack of
preparedness and interest in serving the livestock in
time of drought.
36 Translated copy of annexure-H9
37 Annexure-H10: Copy of Letter written from the Assistant
Director, Animal Husbandry, TuvekereTaluk, Tumkur
District, To his Taluk Tahasildar, on the reason for delay
in disbursement of fodder at cattle camps is lack of
fodder stock.
38 Translated copy of annexure-H10
39 Annexure-J: Copy of a News Paper, commenting on the
statement of a AC of Kollegala, ChamarajaNagara, who
tells the farmers to sell off their livestock, as they are
unable to provide succor.
40 Translated copy of annexure-J
41 Annexure-K-K5Copies of the reply given by different
Animal Husbandry department officials, as against the
RTI request of the petitioner on the count of death of
livestock in the cattle camps opened in their respective
places and if any compensation was provided to such
deaths, during time of drought.
42 Translated copy of annexure K, K2, K3,K4,K5
43 Annexure-L:Copy of page 54 from the National Disaster
Management Guidelines, Mangement of Drought, which
stipulates the type of special care to be taken
concerned to Cattle Health Care, during time of drought.

44 Annexure-M:Copy of the government orders, to grant

the lands meant for grazing(Gomala) to the farmers who
are in position of such land and have applied for such
land to be granted to them
45 Annexure- N and N1:Copy of IMCT report on their visits
to our state in assessing the need of actual funds to
monitor the drought in that period 2015 and 2016
respectively.
46 Annexure-P Proceedings of the Cabinet sub Committee,
declaring 156 taluks as drought affected during Rabi
2018-19
47 Annexure-Q: List of Catlle camps and fodder banks
opened as on 18.03.2019.
48 Annexure-R and R1:House hold survey report of fodder
availability in 30 districts of the state on 5.11.2018 and
05.03.2019, respectively
49 Annexure-S-S5: Articles in the Newspapers which
highlight on the lack in services to the Livestock of
Farmers
50 Vakalath

Place: Bangalore (AMRUTHESH. N.P.)

Date: Advocate for the Petitioner