Sidramappa S/O Basavanappa vs The State Of Karnataka And Ors
2021 Latest Caselaw 6418 Kant

                           1



          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 18TH DAY OF DECEMBER-2021

                       PRESENT

         THE HON'BLE MR.JUSTICE R. DEVDAS
                         AND
 THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

         WRIT APPEAL No.200222/2019 (APMC)
                        C/W
           WRIT APPEAL No.200187/2019,
           WRIT APPEAL No.200188/2019,
         WRIT APPEAL Nos.200212-215/2019,
           WRIT APPEAL No.200219/2019,
           WRIT APPEAL No.200223/2019 &
         WRIT APPEAL No.200227/2019 (APMC)

IN W.A.No.200222/2019:
BETWEEN:
Anil Kumar S/o Sridhar Rao
Aged about 61 years, Occ: Business
R/at Partapur, Tq. Basavakalyan
Dist. Bidar-585 327
                                           ... Appellant
(By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates)

AND:
1.     The State Karnataka
       Rep. by its Secretary
       To Department of Co-Operation
       M.S. Building, Bangalore-01
                           2



2.   The Director
     Agriculture Produce Marketing Committee
     No.16, 11 Rajbhavan Road
     P.B.No.5309
     Bangalore-560 001

3.   The Deputy Commissioner
     Bidar District
     Bidar-585 401

4.   The Tashildar / Returning Officer
     Basavakalyan-585327
     District-Bidar

5.   The Agriculture Produce Marketing Committee
     Basavakalyan-585327
     District Bidar
     Rep. by its Administrator
                                         ... Respondents

(By Sri Shivakumar R.Tengli, AGA for R1 to R4; By Sri.Mallikarjun Basareddy, Advocate for R5)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order dated 12.09.2019 passed by the learned Single Judge in W.P.No.65563/2016 and allow the writ petition as prayed for.

IN W.A.No.200187/2019:

BETWEEN:

Sidramappa S/o Basavanappa Aged about 59 years, Occ: Business R/at Harkud, Tq. Basavakalyan

Dist. Bidar-585 437 ... Appellant (By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates) AND:

1. The State Karnataka Rep. by its Secretary To Department of Co Operation M.S.Building Bangalore-01

2. The Director Agriculture Produce Marketing Committee No.16, 11 Rajbhavan Road P.B.No.5309 Bangalore-560 001

3. The Deputy Commissioner Bidar District Bidar-585 401

4. The Tashildar / Returning Officer Basavakalyan-585327 District-Bidar

5. The Agriculture Produce Marketing Committee Basavakalyan-585327 District Bidar Rep. by its Administrator ... Respondents (By Sri Shivakumar R.Tengli, AGA for R1 to R4; By Sri.Mallikarjun Basareddy, Advocate for R5)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order dated 12.09.2019 passed by the learned Single Judge in W.P.No.65567/2016 and allow the writ petition as prayed for.

IN W.A.No.200188/2019:

BETWEEN:

Venktesh @ Girish S/o Jagannath Tambale Aged about 42 years, Occ: Business R/at Manthal, Tq. Basavakalyan Dist. Bidar-585 327 ... Appellant (By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates) AND:

1. The State Karnataka Rep. by its Secretary To Department of Co Operation M.S.Building Bangalore-01

2. The Director Agriculture Produce Marketing Committee No.16, 11 Rajbhavan Road P.B.No.5309 Bangalore-560 001

3. The Deputy Commissioner Bidar District Bidar-585 401

4. The Tashildar / Returning Officer Basavakalyan-585327 District-Bidar

5. The Agriculture Produce Marketing Committee Basavakalyan-585327 District Bidar Rep. by its Administrator ... Respondents (By Sri Shivakumar R.Tengli, AGA for R1 to R4;

By Sri.Mallikarjun Basareddy, Advocate for R5)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order dated 12.09.2019 passed by the learned Single Judge in W.P.No.65564/2016 and allow the writ petition as prayed for.

IN W.A.No.200212/2019:

BETWEEN:

Smt. Basalingamma W/o Basavaraj Aged about 45 years R/o Gogebal Residing at Gorebal Villae, Manvi-Taluk Raichur-District-584128 ... Appellant (By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates) AND:

1. The State Karnataka Rep. by its Principal Secretary To Department of APMC Vidhana Soudha Bangalore-560001

2. The State of Karnataka Rep. by its Secretary Department of Co-Operation M.S.Building Bangalore-560001

3. The Director Agricultural Produce Marketing Committee No.16, 11th Raj Bhavan Road

P.B.No.5309 Bangalore-01

4. The Deputy Commissioner Raichur District Raichur-584124

5. The Tahsildar / Returning Officer Manvi-Taluk Raichur -District-584128

6. Manvi Agricultural Produce Marketing Committee Represented by its Administrator Manvi-Taluk Raichur-District-584128 ... Respondents

(By Sri Shivakumar R.Tengli, AGA for R1, R2, R4, R5; By Sri.Mallikarjun Basareddy, Advocate for R3 & R6)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to allow this writ appeals and set-aside the judgment dated 12.09.2019 passed in WP No.65592/2016 by learned Single Judge of this Hon'ble Court and consequently allow the writ petition as prayed for.

IN WA No.200213/2019:

BETWEEN:

Sri. Pompanna S/o Malleshappa Gundalli Aged about 51 years, R/o Shri Sharnabasaveshwar Mill Maski Lingasugur-Taluk, Raichur-District-584128 ... Appellant (By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates)

AND:

1. The State of Karnataka Department of APMC Vidhana Soudha Bangalore-560001 Represented by its Principal Secretary

2. The State of Karnataka Department of Co-Operation M.S.Building Bangalore-560001 Represented by its Secretary

3. The Director Agricultural Produce Marketing Committee,No.16, 11th Raj Bhavan Road P.B.No.5309 Bangalore-01

4. The Deputy Commissioner Raichur-584124

5. The Returning Officer/Tahsildar Lingasugur-584129

6. Lingasugur Agricultural Produce Marketing Committee, Lingasugur Raichur-District-584128 Represented by its Administrator (By Sri Shivakumar R.Tengli, AGA for R1, R2, R4, R5; By Sri.Mallikarjun Basareddy, Advocate for R3 & R6)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to allow this writ appeals and set-aside the judgment dated 12.09.2019 passed in WP

No.206208/2016 by learned Single Judge of this Hon'ble Court and consequently allow the writ petition as prayed for.

IN WA Nos.200214-15/2019:

BETWEEN:

1. Sri.Veerupanna S/o Rajappa Aged about 40 years, Occ: Agriculture R/o Hattigudur Village Sindhanoor Raichur-District-584128

2. Sri. Kumarappa S/o Amarappa Aged about 43 years Occ: Agriculture R/o Udabalagi, Sindhanoor

(By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates)

AND:

1. The State of Karnataka Department of APMC Vidhana Soudha Bangalore-560001 by its Principal Secretary

2. The State of Karnataka Department of Co-Operation M.S.Building Bangalore-560001 Rep. by its Secretary

3. The Director Agricultural Produce Marketing

Committee No.16, 11th Raj Bhavan Road P.B.No.5309 Bangalore-01

4. The Deputy Commissioner Raichur-584124

5. The Tahsildar / Returning Officer Sindhanoor-584128

6. Sindhanoor Agricultural Produce Marketing Committee, Sindhanoor Represented by its Administrator Raichur-District-584128

(By Sri Shivakumar R.Tengli, AGA for R1, R2, R4, R5; By Sri.Mallikarjun Basareddy, Advocate for R3 & R6)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to allow this writ appeals and set-aside the judgment dated 12.09.2019 passed in WP 206338 & 206340/2016 by learned Single Judge of this Hon'ble Court and consequently allow the writ petition as prayed for.

IN W.A.No.200219/2019:

BETWEEN:

Sri.R.Palaxigouda S/o Late Shivanaganagouda Aged about 51 years R/o Gorebal village, Tq. Sindhanoor Raichur-District-584128 ... Appellant (By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates)

AND:

1. The State Karnataka Rep. by its Principal Secretary Department of APMC Vidhana Soudha Bangalore-560001

2. The State of Karnataka Department of Co-Operation M.S.Building Bangalore-560001 Rep. by its Secretary

3. The Director Agricultural Produce Marketing Committee No.16, 11th Raj Bhavan Road P.B.No.5309 Bangalore-01

4. The Deputy Commissioner Raichur District Raichur-584124

5. The Tahsildar / Returning Officer Sindhanur-Taluk Raichur -District-584124

6. Sindhanur Agricultural Produce Marketing Committee, Sindhanoor Represented by its Administrator Sindhanur-Taluk Raichur-District-584128 ... Respondents (By Sri Shivakumar R.Tengli, AGA for R1 to R5; By Sri.Mallikarjun Basareddy, Advocate for R6)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to allow this writ appeal

and set-aside the judgment dated 12.09.2019 passed in WP No.62759/2016, by learned Single Judge of this Hon'ble Court and consequently allow the writ petition as prayed for.

IN W.A.No.200223/2019:

BETWEEN:

Madhavrao S/o Ganapath Rao Aged about 63 years, Occ: Agriculture R/at Togalur, Tq. Basavakalyan Dist. Bidar-585 401 ... Appellant (By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates) AND:

1. The State Karnataka Co-Operation Department M.S.Building Bangalore-01 Rep. by its Secretary

2. The Deputy Commissioner Bidar District Bidar-585401

3. The Tashildar / Returning Officer Basavakalyan-585327 District-Bidar

4. The Agriculture Produce Marketing Committee Basavakalyan-585 327 District-Bidar Rep. by its Administrator ... Respondents (By Sri Shivakumar R.Tengli, AGA for R1 to R3; By Sri.Mallikarjun Basareddy, Advocate for R4)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order dated 12.09.2019 passed by the learned Single Judge in W.P.Nos.65375-376/2016 in respect of appellant is concerned and allow the writ petition as prayed for in respect of appellant is concerned.

IN W.A.No.200227/2019:

BETWEEN:

1. Mahantagouda S/o Sahebgouda Age: 44 years, Occ: Agriculture R/o Ulkkal, Tq. Shahapur Dist. Yadgiri-585202

2. Sharanappa S/o Dyavappa Age: 55 years, Occ: Agriculture R/o Hattigudur, Tq. Shahapur Dist. Yadgiri-585202

3. Shantamma W/o Mahantagouda Age: 42 years, Occ: Household R/o Vandaganoor, Tq. Shorapur Dist. Yadgiri-585202

4. Shivashankarappa S/o Vasantappa @ Basavantappa Age: 42 years, Occ: Agriculture R/o Yelheri Village Tq. & Dist. Yadgiri-585202

5. Akkamahadevi W/o Rajashekhar Age: 48 years, Occ: Agriculture R/o Gogi village, Tq. Shahapur Dist. Yadgiri-585202 ... Appellants (By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates)

AND:

1. The State of Karnataka Department of APMC Vidhan Soudha Bengaluru-560 001 Represented by its Principal Secretary

2. The State of Karnataka Department of Cooperation M.S.Building Bengaluru-560 001 Represented by its Secretary

3. The Director Agriculture Produce Marketing Committee No.16, 11 Rajabhavan Road P.B.No.5309, Bangaluru-01

4. The Deputy Commissioner Yadgiri-585201

5. The Returning Officer / Tahasildar Yadgiri-585201

6. The Returning Officer/Tahasildar Shahapur-585202

7. The Returning Officer/Tahasildar Shorapur-585202

8. Yadgiri Agriculture Produce Marketing Committee Yadgiri-585202 Represented by its Administrator

9. Shahapur Agriculture Produce Marketing Committee, Shahapur Dist. Yadgiri-585202 Represented by its Administrator

10. Shorapur Agriculture Produce Marketing Committee, Shorapur Dist. Yadgiri-585202 Represented by its Administrator

11. Siddappa S/o Sharanappa Age: 62 years, Occ: Agriculture R/o H.No.2-10-53, Kajugarwadi Yadgir-585201 ... Respondents (By Sri Shivakumar R.Tengli, AGA for R1 to R7; By Sri.Mallikarjun Basareddy, Advocate for R8 to R10; R11-Served)

This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in writ petition No.206100/2016 dated 12.09.2019 by allowing the writ appeal.

These appeals coming on for Hearing, this day, R. Devdas J., delivered the following:

JUDGMENT

R. DEVDAS J., (ORAL):

Since the grievance of the appellants in all these

writ appeals were common, these matters were

connected.

2. In all these cases notifications were issued

for holding elections to the members of Managing

Committee from different constituencies. The

notifications were issued on 13.10.2016 and calendar of

events were announced and date for filing nomination

was between 04.11.2016 and 11.11.2016 and last date

for withdrawal of nomination was 14.11.2016 and date

of election was 24.11.2016. However, the

respondents/State Government withdrew the

notification dated 13.10.2016 and issued fresh

notification dated 16.11.2016. Being aggrieved, the

appellants herein had filed several writ petitions. It is

necessary to notice that similar writ petitions were filed

at the Principal Bench, Dharwad Bench and before this

Bench. Similar writ petitions in W.P.No.59785-

787/2016 filed before the Principal Bench was allowed

and the notification dated 16.11.2016 was quashed.

The State Government did not challenge the orders

passed in W.P.No.59785-787/2016. However, in the

writ petitions filed before the Dharwad Bench in

W.P.No.109305/2016, the learned Single Judge upheld

the notification dated 16.11.2016 by holding that the

Government had power to withdraw the election

notification and issue a fresh notification. Taking note

of the said decision, the writ petitions filed before this

Bench were disposed of, upholding the notification

dated 16.11.2016. Consequently, these writ appeals are

filed.

3. The learned counsels now bring to the notice

of this Court a decision of a co-ordinate bench at

Dharward, in W.A.No.5378/2016 wherein the writ

petitioner in W.P.No.109633/2016 had challenged the

order of the learned Single Judge. The co-ordinate

Bench, by order dated 28.10.2021 has upheld the order

of the learned Single Judge by holding that Section

13(4) of the Agricultural Produce Marketing Committee

Act invests the State Government with the power to

pass direction including cancellation of calendar of

events and postponement of poll. It was noticed that

the Returning Officer had not declared the result of the

allegations and before declaration of results the State

Government had withdrawn the election notification and

issued a fresh notification for declaring the calendar of

events. So saying, the co-ordinate Bench has

distinguished the decisions of the learned Single Judges

passed in W.P.Nos.59785-787/2016 and

W.P.No.109633/2016. The co-ordinate Bench at

Dharward has upheld the decision in

W.P.No.109633/2016 upholding the notifications issued

by the State Government.

4. The learned counsels have clarified that

consequent to the decision of the co-ordinate Bench in

W.A.No.5378/2016, the elections have been conducted

to all the Committees, except the Committees in respect

of the specific membership which are the subject

matters of these writ appeals.

5. Consequently, we proceed to dismiss the writ

appeals in the light of the decision of the co-ordinate

Bench in W.A.No.5378/2016. We are informed that the

term of the Committees would come to an end in 2-3

months and therefore elections at this stage to the

membership of the respective Committees cannot be

held. The elections will have to be held along with the

general elections to all the Committees.

Ordered accordingly.

In view of disposal of appeals, all other pending

interlocutory applications stand disposed of.

Sd/-

JUDGE

Sd/-

JUDGE BL