Karnataka High Court
Kolar District Mango Growers And vs The Chief Secretary on 24 June, 2015
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2015
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.9033 OF 2012 (APMC-RES-PIL)
BETWEEN :
1. KOLAR DISTRICT MANGO GROWERS AND
SELLER'S (FARMER'S) ASSOCIATION(R)
REP. BY ITS PRESIDENT
SRI B.N. CHANDRA REDDY
O/AT VYSYA BANK BUILDING
SRINIVASAPURA
KOLAR DISTRICT.
2. SRI N. VENKATACHALA
S/O LATE G. NARAYANA GOWDA, 45 YEARS
R/AT HOGALAGERE VILLAGE
SRINIVASAPURA KASABA
SRINIVASAPURA TALUK
KOLAR DISTRICT.
3. SRI P. V. VENKATASWAMY REDDY
S/O ERAPPA REDDY, 45 YEARS
R/AT PACHARAMAKALA PALLI
LAKSHMIPURA POST
NELAVANKI HOBLI
SRINIVASAPURA TALUK.
2
4. SRI A. SHANKAR REDDY
S/O LATE ANKI REDDY, 50 YEARS
R/AT ELDONI VILLAGE
NELAVANKI HOBLI
SRINIVASAPURA TALUK
KOLAR DISTRICT.
5. SRI OBLESH
S/O LATE GANGAPPA, 40 YEARS
R/AT ELDONI VILLAGE
NELAVANKI HOBLI
SRINIVASAPURA TALUK
KOLAR DISTRICT.
6. SRI ASHOK KRISHNAPPA
S/O M.V. KRISHNAPPA, 50 YEARS
R/AT GUTTAHALLI
BANGARPET TALUK
KOLAR DISTRICT.
7. SRI B. NARAYANASWAMY
S/O LATE BYRAPPA
DIMBALA VILLAGE
RONUR POST
SRINIVASAPURA TALUK
KOLAR DISTRICT.
8. SRI RAJA REDDY D.V.
S/O LATE VALI REDDY, 43 YEARS
R/AT DIGAVAPALLI VILLAGE
KOTABAPALLI POST
RONUR HOBLI
SRINIVASAPURA TALUK
KOLAR DISTRICT.
9. SRI N NARAYANASWAMY
VICE PRESIDENT AND MANGO GROWER
CHEDULAPURA
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT.
3
10. SRI B. MUNIYAPPA
S/O BYCHAPPA, 68 YEARS
R/AT HOSUR VILLAGE
KOLAR TALUK
KOLAR.
11. SRI B. VENKATARAMAREDDY
S/O SRI BACHI REDDY, 56 YEARS
R/AT KOTRAGULI VILLAGE
RONUR POST
SRINIVASAPURA TALUK
KOLAR DISTRICT. ... PETITIONERS
(BY SRI M. SHIVAPRAKASH, ADVOCATE)
AND:
1. THE CHIEF SECRETARY
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE.
2. THE SECRETARY
DEPARTMENT OF HORTICULTURE
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE.
3. THE SECRETARY
DEPARTMENT OF AGRICULTURE
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE.
4. THE SECRETARY
MINISTRY OF AGRICULTURE
UNION OF INDIA
PARLIAMENT HOUSE
4
KRUSHI BHAVAN
NEW DEHLI.
5. THE SECRETARY
MINISTRY OF COMMERCE
UNION OF INDIA
KRISHI BHAVAN
NEW DEHLI.
6. THE SECRETARY
AGRICULTURAL PRODUCE MARKETING COMMITTEE
M.S. BUILDING
BANGALORE.
7. THE MANAGING DIRECTOR
DEPARTMENT OF AGRICULTURAL PRODUCE
MARKETING COMMITTEE
NO.1, RAJBHAVAN ROAD
BANGALORE.
8. THE MANAGING DIRECTOR
NATIONAL HORTICULTURE BOARD
(DEPARTMENT OF AGRICULTURAL &
CO-OPERATION), MINISTRY OF AGRICULTURE
GOVERNMENT OF INDIA
NO.85, INSTITUTIONAL AREA
SECTOR -18, GURGAON - 122 015.
9. THE DIRECTOR
DEPARTMENT OF HORTICULTURE
STATE OF KARNATAKA
O/AT LALBAGH
BANGALORE.
10. THE EXECUTIVE DIRECTOR
NATIONAL HORTICULTURE MISSION
O/AT LALBAGH
BANGALORE.
11. THE DIRECTOR
CENTRAL FOOD AND TECHNOLOGY
5
RESEARCH INSTITUTE
MYSORE
12. THE MANAGING DIRECTOR
HOPCOM
STATE OF KARNATAKA
O/AT LALBAGH
BANGALORE.
13. THE SECRETARY
URBAN DEVELOPMENT DEPARTMENT
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE.
14. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
BANGALORE.
15. THE DEPUTY COMMISSION
KOLAR DISTRICT
KOLAR.
16. THE DEPUTY COMMISSIONER
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA.
17. SUPERINTENDENT OF POLICE
KOLAR DISTRICT
KOLAR.
18. THE TAHASILDAR
SRINIVASAPURA TALUK
SRINIVASAPURA.
19. THE PRESIDENT
TALUK AGRICULTURAL PRODUCE MARKETING
(REGULATION) COMMITTEE
SRINIVASAPURA
KOLAR DISTRICT.
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20. THE SECRETARY
TALUK AGRICULTURAL PRODUCE MARKETING
(REGULATION)
SRINIVASAPURA TALUK
SRINIVASAPURA.
21. THE SECRETARY
AGRICULTURAL PRODUCE MARKETING YARD
(MANGO)
KALASIPALYA (BYATARAYANAPURA)
BANGALORE.
22. MILANSAR MANGAO CENTER
REP. BY ITS PROPRIETOR
MUZAMIL ULLA KHAN
BOINACHAPALLI VILLAGE
KASABA HOBLI
SRINIVASAPUR
CHINTAMANI ROAD
SRINIVASAPUR - 563 135
23. M/s.KISSAN AGRO CENTRE
SY NO.33/1, KHATHA NO.277/279
BOVINACHPALLI VILLAGE
KASABA HOBLI
SRINIVASAPURA TALUK
KOLAR DISTRICT.
24. SAFAL, UNIT OF NATIONAL DIARY
DEVELOPMENT BOARD (MOTHER DIARY)
REP. BY ITS CHIEF EXECUTIVE OFFICER
WHITE FIELD, HOSKOTE HIGHWAY
BANGALORE- 560 067.
25. AGRICULTURAL & PROCESSED FOOD
PRODUCTS EXPORT
BY ITS DIRECTOR/NODAL OFFICER
(MINISTRY OF COMMERCE GOVERNMENT OF INDIA)
NO.12/1/1, PALACE CROSS ROAD
BANGALORE.
7
26. KARNATAKA STATE COOPERATIVE
HORTICULTURAL FEDERATION
BY ITS CHAIRMAN
O/AT APMC YARD
BINNI MILLS ROAD
BANGALORE.
27. KARNATAKA UDYOGA MITRA
KHANIJA BHAVAN
RACECOURSE ROAD
BANGALORE
BY ITS DIRECTOR.
28. KARNATAKA STATE MANGO DEVELOPMENT
& MARKETING CORPORATION LTD.
VIDHANA SOUDHA
BANGALORE
REP. BY ITS CHAIRMAN. ... RESPONDENTS
(BY SRI R. DEVDAS, PRL.G.A FOR R1 TO R3, R6, R9, R13, R15 TO
R18;
SRI B. PRAMOD, ADVOCATE FOR R4;
SRI KRISHNA S.DIXIT, ASG FOR R5 & R8;
SRI ANAND K., ADVOCATE FOR R11;
SRI N. RAMACHANDRA, ADVOCATE FOR R12;
SRI N. JAGADISH BALIGA, ADVOCATE FOR R14;
SRI H.K. THIMMEGOWDA, ADVOCATE FOR R19 & R21;
SRI T. SWAROOP, ADVOCATE FOR R20;
SRI K.N. PUTTEGOWDA, ADVOCATE FOR R22;
SRI M.S.RAGHAVENDRA PRASAD, ADVOCATE FOR R24;
SRI C.M. POONACHA, ADVOCATE FOR R27
R7, R10, R23, R25, R26 ARE SERVED)
---
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue writ of mandamus
against respondents No.6, 7, 15, 16, 18, 19, 20, & 21 to take
immediate steps in the APMC market yards of Srinivasapura,
Bangalore, Chikkaballapura and Ramanagaram to regulate the
trading/marketing of mango fruits, agricultural produce in fixing
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correct price by regulating the trade as provided under the act,
by conducting public auction in the market yard and etc.
This petition coming on for Hearing this day, THE
ACTING CHIEF JUSTICE made the following:
ORDER
This is a writ petition seeking various directions for regulating the sale of mangoes and other agricultural products in the Agricultural Produce Market Committee (APMC) yard or private market yards.
2. This Court, by order dated June 26, 2012 constituted a Committee and fixed the terms of reference.
3. We feel that the petitioners can ventilate their grievance before the said Committee and we hope that the Committee shall look into the matter and submit their report to the Government for consideration.
4. Mr.Shivaprakash M., learned advocate appearing for the petitioners submits that in view of the insertion of Sections 72A and 72B in the Karnataka Agricultural Produce Marketing 9 (Regulation and Development) Act, 1966, there should be some more restrictions', regarding constitution and establishment of the private markets. He submits that private markets are established like mushrooms and leading to unhealthy competitions.
5. We regret that we cannot accept his submissions. Private markets cannot be established without obtaining license from the Government. License is granted, we trust and hope, upon application of mind. There will be more competition if more markets are established. The farmers and the producers of the agricultural produce will get more markets to cater their produce. There is no provision under the Act that they are bound to go to the nearest one.
6. Therefore, the writ petition is disposed of with a direction to the Committee, already, constituted, by the order dated June 26, 2012, to complete the exercise of the enquiry and to submit their report to the Government for consideration. 10
In view of the disposal of the writ petition, I.A.No.2 of 2012 does not survive for consideration and is, accordingly, disposed of.
There will be no order as to costs.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE RV