Karnataka High Court
Prakash And Ors vs State Of Karnataka And Anr on 13 January, 2022
Bench: E.S.Indiresh
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE E.S.INDIRESH
WRIT PETITION No.200114/2022 (APMC)
BETWEEN:
1. PRAKASH S/O SIDDAPPA UPPIN,
AGE: 38 YEARS, OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586 202.
VISHWANATH S/O SIDDAPPA BADADAL
SINCE DECEASED REP. BY HIS LRS.
2. ALOK S/O LATE VISHWANATH BADADAL
AGE: 25 YEARS, OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
3. SHIVANAND S/O MALASIDAPPA ASTAGI
AGE: 50 YEARS, OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
4. BASAWARAJ S/O BHAGAPPA RAIGOND
AGE: ABOUT 52 YEARS,
OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
5. SHRIMANTH S/O RAMACHANDRA DUDDAGI
AGE: ABOUT 50 YEARS, OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
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6. ANAND S/O SHARANAPPA NASI
AGE: ABOUT 46 YEARS, OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
7. GURUPADAPPA S/O SHARANAPPA NASI
AGE: ABOUT 52 YEARS, OCC:BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
8. RAMALINGAPPA S/O RUDRAPPA MAHAJAN
AGE: ABOUT 70 YEARS, OCC:BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
9. SUNIL S/O SHIVAPPA GUNDAGI
AGE: ABOUT 50 YEARS, OCC:BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
10. SHANTAPPA S/O REVANASIDDAPPA SALAKI
AGE: ABOUT 70 YEARS, OCC:BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
11. GURURAJAPPA S/O SHARANAPPA GUNDAGI
AGE: ABOUT 50 YEARS, OCC:BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
12. NEELAPPA S/O RUDRAPPA MAHAJAN
AGE ABOUT 71 YEARS, OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
13. SIDDALING
S/O SHARANAPPA GUNDAGI
AGE: ABOUT 55 YEARS
OCC:BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
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14. SANGANAGOUDA
S/O HANAMANTHRAO BIRADAR
AGE: ABOUT 50 YEARS, OCC:BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
15. DHANESHWAY TRADING COMPANY
REP. BY ITS PROPRIETOR,
SMT.REKHA W/O RAJSHEKHAR BIJJARAGI,
AGE: ABOUT 45 YEARS, OCC: BUSINESS,
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
16. BABU S/O IRAPPA BIJJARAGI
AGE: ABOUT 45 YEARS,
OCC:BUSINESS, R/O ALMEL,
TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
17. RAJSHEKHAR S/O MALLESHAPPA SHAHAPUR
AGE: ABOUT 74 YEARS, OCC:BUSINESS
R/O ALMEL, TQ.SINDAGI,
DISTRICT VIJAYAPUR-586202.
... PETITIONERS
(BY SRI R.J.BHUSARE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF
AGRICULTURE PRODUCE MARKETING,
M.S.BUILDING,
BENGALURU-560001.
2. THE AGRICULTURE MARKETING COMMITTEE
SINDAGI, DISTRICT VIJAYAPUR-586128.
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER PASSED BY THE 2ND RESPONDENT DATED
14.07.2021 BEARING NO.PÀȪÀiÁE/PÀÈGªÀiÁ¸À/¹A/¤ªÉñÀ£À/255/2021-22
produced at annexure-f; NO.PÀȪÀiÁE/PÀÈGªÀiÁ¸À/¹A/¤ªÉñÀ£/À 263/2021-
22 AT ANNEXURE-F1; NO.PÀȪÀiÁE/PÀÈGªÀiÁ¸À/¹A/¤ªÉñÀ£/À 258/2021-
22 AT ANNEXURE-F2; NO.PÀȪÀiÁE/PÀÈGªÀiÁ¸À/¹A/¤ªÉñÀ£/À 261/2021-
22 AT ANNEXURE-F3; NO.PÀȪÀiÁE/PÀÈGªÀiÁ¸À/¹A/¤ªÉñÀ£/À 262/2021-
22 AT ANNEXURE-F4; NO.PÀȪÀiÁE/PÀÈGªÀiÁ¸À/¹A/¤ªÉñÀ£/À 267/2021-
22 AT ANNEXURE-F5; AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Sri Shivakumar R. Tengli, learned Additional
Government Advocate is directed to accept notice for
respondent No.1. Sri Gourish S. Khashampur, learned
counsel is directed to accept notice for respondent No.2.
2. Learned counsel for the petitioners vehemently
contended that this matter is covered by the judgment of
this Court in W.P.No.108704/2015 dated 31.08.2015 and
W.P.No.110800-802/2015 dated 07.01.2016 and the said
submission is not countered or opposed by the learned
counsel for the respondents.
3. Sri Gourish S. Khashampur, learned counsel
appearing for respondent No.2 submitted that though the
matter is covered by the order of this Court referred to
above, the petitioners herein have not taken any steps to
construct the building in the allotted premises and delaying
the entire process. The said submission is placed on
record.
4. In that view of the matter, writ petition is
disposed of in terms of the above. However, it is made
clear that the petitioners herein are permitted to construct
the building in the allotted area within an outer limit of one
year from today, failing which the petitioners are not
entitled for the benefit accorded, in this writ petition.
Ordered accordingly.
Sd/-
JUDGE
VNR
