The Karnataka High Court has dismissed a Public Interest Litigation, questioning the price increase across all variants of Nandini Milk by Rs 2, which came into effect on June 26.
A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Dr Amrithalakshmi R and said
“Pricing policy is essential in the policy domain and judicial power would not be generally exercised unless shown decision is palpably wrong. What price is to be fixed and determined for products including milk is to be guided by a host of considerations which are commercial in nature. The commercial wisdom of R2 (KMF) in taking a decision to raise price, will not be a consideration before this court in public interest jurisdiction.”
Counsel for the petitioner had argued that the price hike has to be borne by poor consumers who consume the lowest variant of Nandini milk. The move by KMF is against commercial wisdom and operates contrary to Article 14.
Further, it was said that the increase of price is not rational as with the price rise the quantity has also increased and now an extra 50 ml milk is provided in the sachets. It was said, “There seems to be no nexus between price increase and quantity—variant.”
The bench said “Determination of prices of products in any area which include milk and milk products and pricing policy in that regard, cannot be a matter of consideration in PIL.”
It added “Pricing is an expert decision and depends on various considerations. The R2 federation has provided an additional quantity of milk. Be it that it may, the court is not inclined to entertain the present PIL for reasons stated above, PIL dismissed.”
Case Title: Dr. Amrithalakshmi R AND State of Karnataka & ANR
Case No: WP 18596/2024
Citation No: 2024 LiveLaw (Kar) 331
Appearance: Advocate SRIKANT P for Petitioner
AGA Niloufer Akbar for respondents
