M/S. Sree Dhanalakshmi Mandi vs The Director Of Agricultural ...
2022 Latest Caselaw 11317 Kant

                            1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF AUGUST 2022

                        PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              W.A. NO.1399 OF 2021 (APMC)

BETWEEN:

M/S. SREE DHANALAKSHMI MANDI
NO.50, "A" BLOCK, APMC YARD
BANDIPALYA, MYSORE 570024
REP. BY ITS PROPRIETOR
SRI. N. RAJASHEKAR
AGED 60 YEARS
S/O LATE G.R. NARASIMHAIAH.
                                   ... APPELLANT
(BY MR. B.R. SATENAHALLI, ADV.,)

AND:

1.    THE DIRECTOR OF
      AGRICULTURAL MARKETING
      NO.16, II RAJ BHAVAN ROAD
      BANGALORE-560001.

2.    THE AGRICULTURE PRODUCE
      MARKETING COMMITTEE
      BANDIPALYA, MYSORE-570025
      REPRESENTED BY ITS SECRETARY.
                                      ... RESPONDENTS
(BY MR. T. SWAROOP, ADV., FOR R2
        R1 SERVED)
                           2




     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO MODIFY THE
CONDITIONS NO. 6 (ii) AND 6(iii) OF THE JUDGMENT OF
THIS HON'BLE COURT DATED 15 SEPTEMBER 2021, AS
EXPLAINED IN I.A. NO. 1/2021 AND CONSEQUENTLY ALLOW
THE I.A. NO. 1/2021, FILED IN WRIT PETITION NO.
55254/2017 AND ALLOW THE APPEAL BY GRANTING 90
DAYS TIME FROM THE DATE OF RECEIPT OF THE ORDER
OF THIS HON'BLE COURT BY THE APPELLANT AND
ACCORDINGLY TO PAY THE BALANCE AMOUNT BY THE
APPELLANT TO THE MARKET COMMITTEE, AFTER
DEDUCTING THE PRESENT VALUE OF THE AMOUNT PAID,
AND. ISSUE ANY OTHER ORDER/S THIS HON'BLE COURT
DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE
CASE.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:

                        JUDGMENT

This intra court appeal has been filed against the

order dated 15.09.2021 passed in

W.P.No.55254/2017 by which writ petition preferred

by the appellant has been disposed of.

2. After hearing learned counsel for the parties

and with their consent, the time mentioned in Clause

2 of the order is extended for a further period of one

week from today. To the aforesaid extent, the order

passed by the learned Single Judge is modified.

Accordingly, the appeal is disposed of.

In view of the disposal of the petition, the

pending interlocutory applications do not survive for

consideration and are accordingly, disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS