Karnataka High Court
The Secretary Agricultural Produce ... vs The Director Agricultural Produce ... on 16 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
-1-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT APPEAL NO. 200176 OF 2022 (APMC)
C/W
WRIT APPEAL NO. 200173 OF 2022 (APMC)
WRIT APPEAL NO. 200178 OF 2022 (APMC)
WRIT APPEAL NO. 200180 OF 2022 (APMC)
WRIT APPEAL NO. 200183 OF 2022 (APMC)
WRIT APPEAL NO. 200184 OF 2022 (APMC)
WRIT APPEAL NO. 200199 OF 2022 (APMC)
IN WRIT APPEAL NO.200176 OF 2022
BETWEEN:
THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
BIDAR - 585 401.
Digitally signed
by SWETA ...APPELLANT
KULKARNI
Location: HIGH (BY SRI KRUPA SAGAR PATIL, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, 2ND RAJ BHAVAN ROAD
-2-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
P.B. NO.5309, BANGALORE - 01.
2. M/S MOHAMMAD RAHEMATH ALI
VEGETABLE COMMISSION
REPRESENTED BY ITS PROPRIETOR
MOHAMMAD RAHEMATH ALI
AGE: 61 YEARS, OCC: BUSINESS
R/O SHOP NO.26 MAHEBOOB GUNJ
A.P.M.C. MARKET YARD, BIDAR - 585 401.
...RESPONDENTS
(BY SRI MAYA T.R., H.C.G.P. FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE ORDER DATED 19.07.2022 IN W.P.NO.201783/2022
(APMC) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW
THE WRIT APPEAL IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT APPEAL NO.200173 OF 2022
BETWEEN:
THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
BIDAR - 585 401.
...APPELLANT
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, 2ND RAJ BHAVAN ROAD
P.B. NO.5309, BANGALORE - 01.
-3-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
2. M/S G.N. AND CO. COMMISSION AGENT
REPRESENTED BY ITS PROPRIETOR
GULAM NABI S/O ABDUL QAYUM
AGE: 42 YEARS, OCC: BUSINESS
R/O SHOP NO.33 MAHEBOOB GUNJ
A.P.M.C. MARKET YARD, BIDAR - 585 401.
...RESPONDENTS
(BY SRI MAYA T.R., H.C.G.P., FOR R1;
SRI NAGARAJ PATIL, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE ORDER DATED 19.07.2022 IN W.P.NO.201777/2022
(APMC) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW
THE WRIT APPEAL IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT APPEAL NO.200178 OF 2022
BETWEEN:
THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
BIDAR - 585 401.
...APPELLANT
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, 2ND RAJ BHAVAN ROAD
P.B. NO.5309, BANGALORE - 01.
2. M/S MD ZAHOOR
VEGETABLE COMMISSION AGENT
-4-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
REPRESENTED BY ITS PROPRIETOR
MOHD. ZAHOOR S/O ABDUL AZIZ
AGE: 54 YEARS, OCC: BUSINESS
R/O SHOP NO.4, MAHEBOOB GUNJ
APMC MARKET YARD, BIDAR - 585 401.
...RESPONDENTS
(BY SRI MAYA T.R., H.C.G.P. FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE ORDER DATED 19.07.2022 IN W.P.NO.201567/2022
(APMC) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW
THE WRIT APPEAL IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT APPEAL NO.200180 OF 2022
BETWEEN:
THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
BIDAR - 585 401.
...APPELLANT
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, 2ND RAJ BHAVAN ROAD
P.B. NO.5309, BANGALORE - 01.
2. M/S ABDUL RAHMAN VEGETABLE COMMISSION
REPRESENTED BY ITS PROPRIETOR
ABDUL RAHMAN S/O ABDUL AZIZ
AGE: 46 YEARS, OCC: BUSINESS
-5-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
R/O SHOP NO.09, MAHEBOOB GUNJ
A.P.M.C. MARKET YARD, BIDAR - 585 401.
...RESPONDENTS
(BY SRI MAYA T.R., H.C.G.P. FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE ORDER DATED 19.07.2022 IN W.P.NO.201782/2022
(APMC) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW
THE WRIT APPEAL IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT APPEAL NO.200183 OF 2022
BETWEEN:
THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
BIDAR - 585 401.
...APPELLANT
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, 2ND RAJ BHAVAN ROAD
P.B. NO.5309, BANGALORE - 01.
2. M/S JANATA VEGETABLE COMMISSION AGENT
REPRESENTED BY ITS PROPRIETOR
ABDUL SALEEM S/O ABDUL SATTAR
AGE: 43 YEARS, OCC: BUSINESS
R/O SHOP NO.11 MAHEBOOB GUNJ
A.P.M.C. MARKET YARD, BIDAR - 585 401.
...RESPONDENTS
(BY SRI MAYA T.R., H.C.G.P., FOR R1)
-6-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE ORDER DATED 19.07.2022 IN W.P.NO.201704/2022
(APMC) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW
THE WRIT APPEAL IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT APPEAL NO.200184 OF 2022
BETWEEN:
THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
BIDAR - 585 401.
...APPELLANT
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, 2ND RAJ BHAVAN ROAD
P.B. NO.5309, BANGALORE - 01.
2. M/S ABDUL JALEEL AND COMPANY
REPRESENTED BY ITS PROPRIETOR
ABDUL JALEEL S/O ABDUL KAREEM
AGE: 65 YEARS, OCC: BUSINESS
R/O SHOP NO.28 MAHEBOOB GUNJ
A.P.M.C. MARKET YARD, BIDAR - 585 401.
...RESPONDENTS
(BY SRI MAYA T.R., H.C.G.P. FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
-7-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
THE ORDER DATED 19.07.2022 IN W.P.NO.201780/2022
(APMC) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW
THE WRIT APPEAL IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT APPEAL NO.200199 OF 2022
BETWEEN:
THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
BIDAR - 585 401.
...APPELLANT
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, 2ND RAJ BHAVAN ROAD
P.B. NO.5309, BANGALORE - 01.
2. M/S Y.S.TRADING CO. COMMISSION AGENT
REPRESENTED BY ITS PROPRIETOR
MOHAMMAD YUNUS S/O ABDUL RAHEEM
AGE: 40 YEARS, OCC: BUSINESS
R/O SHOP NO.14 MAHEBOOB GUNJ
A.P.M.C. MARKET YARD, BIDAR - 585 401.
...RESPONDENTS
(BY SRI MAYA T.R., H.C.G.P. FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE ORDER DATED 19.07.2022 IN W.P.NO.201779/2022
-8-
NC: 2024:KHC-K:1579-DB
WA No.200176 of 2022
C/W WA No.200173 of 2022
WA No.200178 of 2022
WA No.200180 of 2022
WA No.200183 of 2022
WA No.200184 of 2022
WA No.200199 of 2022
(APMC) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW
THE WRIT APPEAL IN THE INTEREST OF JUSTICE AND ETC.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS
DAY, B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
The private respondents in these writ appeals have
filed their respective writ petitions impugning the orders
issued by the appellant for cancellation of the allotment of
corresponding plots on the ground that the allotment price
is not paid within time. These writ petitions have been
disposed of by similar but separate orders which are
impugned in these corresponding writ appeals. The writ
Court has allowed these writ petitions quashing the
appellant's order with directions that read as under:
"i) Out of the balance amount, a sum of
Rs.1,00,000/- shall be paid by the petitioner to
respondent no.2 within a period of one month from the
date of receipt of the certified copy of this order;
NC: 2024:KHC-K:1579-DB
ii) The petitioner is granted six months time from
today to pay the balance amount towards lease-cum-
sale of the shop in question to respondent no.2 and he
shall also pay a sum of Rs.10,000/- as penalty to
respondent no.2 along with the balance amount which
is liable to be paid;
iii) It is made clear that the petitioner shall not be
entitled for any further extension of time to pay the
amount, and in the event, the petitioner fails to pay the
arrears as directed by this Court herein above,
respondents are liberty to take action in accordance
with law."
It is seen from the records that similar directions
issued by the writ Court in W.P.No.201784/2022 are
impugned in W.A.No.200171/2022, and this writ appeal is
disposed of on 08.12.2022 considering the circumstances in
which the directions are issued. This Court's observations
in this order dated 08.12.2022 reads as follows:
"4. We are unable to find any fault or error in the order
passed by the learned Single Judge. The order is
passed considering the balance of equities as well as
considering the peculiar circumstances of the case. As
- 10 -
NC: 2024:KHC-K:1579-DB
such in our opinion, the appeal is devoid of merits and
deserves to be dismissed and the same is accordingly
dismissed."
The learned counsel for the appellant does not contend
that the concerned respondents are differently placed. This
Court is in respectful agreement with the conclusion as
aforesaid, and therefore, no interference is called for in any
of these writ appeals. However, this Court must observe
that this disposal would not effect any course of action that
would be available to the appellant in terms of the directions
issued by the writ Court, if amount is not paid.
The appeals stand disposed of accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
SWK
Ct;Vk
