I am form Raichur district, Karnataka. I have recently seen a rise in missuse of the government money by the officials of agricultural department and fradulent dealers in supply of agricultural machinery to the farmers under various subsidy scheemes of state and central government. Fake bills are raised by the dealers and the subsidy amount is being received by the fradulent dealers. I have already written the higher officials in the same department, but the officers have not replied and I am being threatened by the parties. Kindly let me know about 1. What action can be taken against the said fradulent dealers? 2. How can I proceed against the officers going hand in hand with the fradulent dealers 3. Can I have a stay order to stop the government from paying subsidies till the issue is resolved 4 can i, in any way complain against the parties threatening me
if no action is being by govt file writ petition in HC to direct police to investigate the subsidy amount misused by dealers on basis of bogus bills
HC would direct police to investigate and submit report
3) also seek police protection on account of threats received by you
1. Lodge complaint with state or central vigggillence department and anti corruption buraue.
2. If these do not yiled to positive result then file a writ petition in high court in the nature of PIL.
3. In the PIL bring all the information you have to show this rampant corruption and fraudulent practice. If the proof you have are cogent the court is likely to direct the investigating agency inlcuding CBI to take proper action.
4. So filing a PIL would get you necessary results includig stay order on subsidy.
Kindly let me know about the procedure to get stay order from district court to stay the payments from the department of agriculture
1. File a PIL before the high court and take directions in same for investigation agaisnt officials and proper steps.
2. Sir for stay of subsidies you need direction of high court
3.yes a case of criminal intimidation can be registered with police.
Sir district court doesn't have power to stay scheme or direction to department it is better to approach high court for relief.
File suit in district court seek stay against disbursal of funds to the dealers accused of siphoning of funds
2) the dealers , department of agriculture should be made party to suit proceedings
(Order 21, Rule 26; Order 41, Rule 5 the CPC, 1908)
A stay order means to temporarily suspend the execution of a court judgment or order. A stay is a suspension of a case or a suspension of a particular proceeding within a case.
Stay order refers to stoppage, arrest or suspension of judicial proceedings. An order of stay is primarily passed against the execution of a decree. It is made against the execution of a decree to enables the judgment-debtor to appeal to an appellate court against such a decree. Such an order excludes commencement of any proceeding for execution of the said decree.
Stay order may also be made against a sale (Order 21, Rule 59 ), in a suit against a corporation (Order 30) ,in a suit involving a minor (Order 32) , inter-pleader suits (Order 35) , summary suits (Order 37) in case of reference to a High Court (Order 46) . The proceedings of stay order is available to the Civil Courts as well as to the Supreme Court and the High Courts.
Incase you are filing a civil suit then, file an accompanying application under order 39 rule 1&2 CPC for temporary injunction. The Court can either grant stay without issuing notice to opposite party in case court thinks that delay would frustrate the relief. In other cases the court shall consider the application after issuing notice to opposite party.
Incase your application is dismissed by trial court, the remedy is appeal before Court of District Judge, and further remedy is Civil Revision before the High Court!
You have to file a petition in the mandamus writ petition in High Court making the party of that department and also that party which is going to get the payment and the court may order stay on forth comming payments.
District court has nothing to do in this dispute nor it has jurisdiction to grant any relief.
Dear Sir,
For all your questions the answer is you have to lodge complaint with Lokayukta. It is very hard if they are not influenced to book a case. Further you must produce sufficient evidence to be proceeded by above said authority.
1. You have to make a complaint by attaching documentary evidences to the appropriate authority and follow it up with higher authority.
2.You can, in your complaint mention the names of the officers involved.
3. You cannot, since you are not directly affected, but you can file a PIL citing the issues and request for directions to concerned authorities to initiate necessary action to curb the fraudulent activities.
4. Yes you can.
You cannot get any such order as an individual.
You have to approach the higher authorities with a complaint or the high court with a PIL.