Shri Vivekanand S/O Vivekanand ... vs The State Of Karnataka & Ors on 12 October, 2017

[Cites 29, Cited by 0]

Karnataka High Court

Shri Vivekanand S/O Vivekanand ... vs The State Of Karnataka & Ors on 12 October, 2017

Bench: S.Sujatha

R
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH

DATED THIS THE 12TH DAY OF OCTOBER 2017

BEFORE

THE HON'BLE MRS. JUSTICE S.SUJATHA

WRIT PETITION No.204975/2014 (APMC)
C/W
WRIT PETITION No.204977/2014
WRIT PETITION No.204980/2014
WRIT PETITION No.204949/2014
WRIT PETITION Nos.205233-205257/2014
WRIT PETITION No.204958/2014
WRIT PETITION Nos.205203-205227/2014
WRIT PETITION No.205167-205191/2014
WRIT PETITION No.204976/2014
WRIT PETITION No.204978/2014
WRIT PETITION No.204950/2014
WRIT PETITION No.204951/2014
WRIT PETITION No.204972/2014
WRIT PETITION No.204968/2014
WRIT PETITION No.204973/2014
WRIT PETITION No.204964/2014
WRIT PETITION No.204967/2014
WRIT PETITION No.204965/2014
WRIT PETITION No.204952/2014
WRIT PETITION Nos.205194-205202/2014
WRIT PETITION No.204969/2014
WRIT PETITION No.204983/2014
WRIT PETITION No.204985/2014
WRIT PETITION No.204982/2014
WRIT PETITION No.204966/2014
WRIT PETITION No.204974/2014
WRIT PETITION No.204970/2014
WRIT PETITION No.204981/2014
WRIT PETITION No.204984/2014
WRIT PETITION No.204960/2014
2

WRIT PETITION No.204986/2014
WRIT PETITION No.204963/2014
WRIT PETITION No.204971/2014
WRIT PETITION Nos.200339/2016
& 200357-376/2016
WRIT PETITION Nos.205037-205069/2015
WRIT PETITION No.202633/2015
& 203019-118/2015
WRIT PETITION No.200338/2016
WRIT PETITION Nos.201303-201316/2016
WRIT PETITION No.204979/2014
WRIT PETITION No.204962/2014
WRIT PETITION Nos.204037-66/2017
WRIT PETITION Nos.204067-86/2017
WRIT PETITION Nos.204087-106/2017
WRIT PETITION Nos.204107-126/2017

WP NO.204975/2014:

BETWEEN:

SHRI VIVEKANAND
S/O VIVEKANAND BHIMALLI
AGED ABOUT 34 YEARS,
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:8-1460 APMC YARD
GULBARGA
...PETITIONER

(BY SRI V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 101
3

REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG FOR
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 04.01.2014 VIDE NOTIFICATION NO:SUMVYA SHA E
41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE
INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED: 17.02.2014 IN
NO:CO 215 MRE2013 (P1), BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED 17.05.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204977/2014:

BETWEEN:

SHRI SHIVAKUMAR
S/O LAXIMAN RAO MADRGAO
AGED ABOUT 40 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:121 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVASTSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:
4

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG ALONG WITH
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 04.01.2014 VIDE NOTIFICATION NO:SUMVYA SHA E
41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE
INTRODUCTION OF RULE 76A VIDE NOTIFICATION DATED: 17.02.2014 IN
NO:CO 215 MRE2013 (P1), BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED 17.05.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204980/2014:
BETWEEN:

SHRI CHANDRASHEKAR BIJAPUR
S/O LATE BASAVARAJ BIJAPUR
AGED ABOUT 52 YEARS
5

RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:8-1455 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL, FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 101
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG ALONG WITH
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

NOTICE DATED 17.05.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204949/2014:

BETWEEN:

SHRI DEVANAND PATIL
S/O BASAVANTHRAYA PATIL
AGED ABOUT 33 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:8-1379 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL, FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
THE AGRICULTURAL PRODUCE MARKETING COMMITTEE
NO.16, KARNATAKA STATE AGRICULTURE
MARKETING BOARD 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS
7

(BY SRI R.V. NADAGOUDA, AAG ALONG WITH
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & 4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72(II) (3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 BY VIDE ANNEXURE:C DATED: 04.01.2014 SUMVYASHA E 41
SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76A
FOUND AT ANNEXURE: D DATED: 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED: 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID

WP NO.205233-257/2014:

BETWEEN:

1. SRI.BASAVARAJ
S/O HANMANTHRAO TADKAL
AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1387
APMC YARD GULBARGA - 585 102

2. SRI ABDUL JAFFER S/O MOHAMAD UMAR
AGED ABOUT 49 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1508
APMC YARD GULBARGA - 585 102

3. SRI PRAKASH S/O BASAVARAJ
AGED ABOUT 28 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1378
APMC YARD GULBARGA - 585 102

4. SRI SHIVPUTRAPPA S/O GUNDAPPA PAGA
AGED ABOUT 45 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1072
8

APMC YARD GULBARGA - 585 102

5. SRI SHIVRAJ S/O SHIVASHANKARAPPA
AGED ABOUT 61 YEARS
R/AT NEHRU GUNJ AND CARRYING ON BUSINESS
AT SHOP NO.8-1377 APMC YARD GULBARGA - 585 102

6. SRI GOPAL BYAS S/O MOHANLAL BYAS
AGED ABOUT 65 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1461
APMC YARD GULBARGA - 585 102

7. SRI BASAVRAJ S/O MALLESHAPPA PUJARI
AGED ABOUT 40 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.145
APMC YARD GULBARGA - 585 102

8. SRI ABHISHEK S/O MALLIKARJUN KOLSUR
AGED ABOUT 21 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.8-1414
APMC YARD GULBARGA - 585 102

9. SRI VISHWANATH S/O SHIVAPPA
AGED ABOUT 58 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.124
APMC YARD GULBARGA - 585 102

10. VISHWNATH REDDY PATIL
S/O BASAVARAJ PATIL
AGED ABOUT 40 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1448,
APMC YARD GULBARGA - 585 102

11. SRI RAVINDRA B SANGAPUR
S/O BYALLAPPA SANGAPUR
AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ AND
CARRYING ON BUSINESS AT SHOP NO.8-1387
APMC YARD GULBARGA - 585 102

12. SMT. SHAKUNTALA
W/O BASAWARAJ TADKAL
AGED ABOUT 45 YEARS
R/AT NEHRU GUNJ AND
9

CARRYING ON BUSINESS
AT SHOP NO.8-1386
APMC YARD GULBARGA - 585 102

13. SRI HANMANTHRAO
S/O SHARANAPPA RAVANPUR
AGED ABOUT 61 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.8-1436
APMC YARD GULBARGA - 585 102

14. SRI MAHADEV RANPUR
AGED ABOUT 36 YEARS
S/O HANMANTHRAO RANPUR
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.187
APMC YARD GULBARGA - 585 102

15. SRI RAJSHEKAR S/O MALLIKARJUN
AGED ABOUT 62 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1377
APMC YARD GULBARGA - 585 102

16. SRI NIMBANNAPPA JAGTHI
S/O SIDDAPPA JAGTHI
AGED ABOUT 54 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.8-1408
APMC YARD GULBARGA - 585 102

17. SRI SIDDANNA K BIRADAR
S/O KASHIRAYA BIRADAR
AGED ABOUT 50 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1480
APMC YARD GULBARGA - 585 102

18. SRI SANGAN BASAPPA S/O HULIKANTYAPPA
AGED ABOUT 46 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1411/A
APMC YARD GULBARGA - 585 102

19. SRI MALLIKARJUN TENGLI S/O SHANKARAPPA TENGLI
AGED ABOUT 40 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1413
10

APMC YARD GULBARGA - 585 102

20. SRI NAGENDRAPPA DHANNOOR
S/O REVANASIDDAPPA D
AGED ABOUT 34 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.8-382
APMC YARD GULBARGA - 585 102

21. SRI MALLIKARJUN N
S/O NAGANNA KALBURGI
AGED ABOUT 35 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1337
APMC YARD GULBARGA - 585 102

22. SRI VIRUPAKSHI S WALI S/O SUBBANNA WALI
AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1395/A
APMC YARD GULBARGA - 585 102

23. SRI NAGENDRAPPA S/O PEERAPPA
AGED ABOUT 59 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1387
APMC YARD GULBARGA - 585 102

24. SRI KANTAYYA SWAMY
S/O SHARNAPPA SWAMY
AGED ABOUT 50 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1455
APMC YARD GULBARGA - 585 102

25. SRI AMBARAYA PATIL
S/O GURUSHANTHAPPA DANGAPUR
AGED ABOUT 36 YEARS
R/AT NEHRU GUNJ AND
CARRYING ON BUSINESS
AT SHOP NO.8-1366
APMC YARD GULBARGA - 585 102

...PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL, FOR
V.K. NAYAK, ADVOCATE)
11

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 102
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. THE DIRECTOR
AGRICULTURAL PRODUCE MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG ALONG WITH
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN
APPROPRIATE WRIT OR ORDER HOLD THAT THE DELETION OF THE
WORD 'TRADER' IN SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION
OF SUB SECTION (4) IN SECTION 72 VIDE ANNEXURE C DATED:
04.01.2014 NO:SUMVYA SHA E 41 SHASHANA 2013, BANGALORE AND THE
INTRODUCTION OF RULE 76-A FOUND AT ANNEXURE D DATED:
17.02.2014 VIDE NOTIFICATION NO:CO 215 MRE2013 (P1), BANGALORE
DATED 17.05.2014 HOLD THAT IS UNCONSTITUTIONAL AND INVALID.
12

WP NO.204958/2014:

BETWEEN:

SHRI REVAPPA
S/O SATAPPA PATTANKAR
AGED ABOUT 30 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:8-1370 APMC YARD
GULBARGA-585 102
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL, FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 102
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

5. DIRECTOR
THE AGRICULTURAL PRODUCE MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG ALONG WITH
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)
13

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72(II) (3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 BY VIDE ANNEXURE:C DATED: 04.01.2014 SUMVYASHA E 41
SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE:D DATED: 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED: 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID

WP NOS: 205203-205227/2014:

1. SRI SHIVPUTRAPPA
S/O VITHAPPA
AGED ABOUT 50 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.196 APMC YARD
GULBARGA - 585 102

2. SRI BASWARAJ S/O MAHALINGAPPA
AGED ABOUT 34 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO. 63
APMC YARD, GULBARGA - 585 102

3. SRI SHIVRAMA MUDADAGI
S/O GUNDAPPA MUDADAGI
AGED ABOUT 60 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.123
APMC YARD, GULBARGA - 585 102

4. SRI SHAHIKANTH SHETTY
S/O CHANDRAKANTH SHETTY
AGED ABOUT 38 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1534
APMC YARD, GULBARGA - 585 102

5. SRI SHRIMANTHAPPA
S/O GURULINGAPPA
AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ AND CARRYING
14

ON BUSINESS AT SHOP NO.8-1403
APMC YARD, GULBARGA - 585 102

6. SRI BHIMRAO S/O CHIDAMBRAO
AGED ABOUT 54 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.135
APMC YARD, GULBARGA - 585 102

7. SRI BASAVRAJ S/O SIDRAMAPPA SANGOLGI
AGED ABOUT 32 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1401
APMC YARD, GULBARGA - 585 102

8. SRI CHANDRAKANTH
S/O SHIVPUTRAPPA GAHANTI
AGED ABOUT 53 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1402
APMC YARD, GULBARGA - 585 102

9. SRI RUDRASHETTY PATIL S/O ANNRAO PATIL
AGED ABOUT 38 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1403
APMC YARD, GULBARGA - 585 102

10. SRI AMBRAYA SHELGI
S/O VEERBHADRAPPA
AGED ABOUT 48 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.167
APMC YARD, GULBARGA - 585 102

11. VIJAYKUMAR S/O SRIMANTHRAO KANTHI
AGED ABOUT 42 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.8, APMC YARD
GULBARGA - 585 102

12. HANMANTHRAO S/O SHIVRAYA
AGED ABOUT 34 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1411
APMC YARD, GULBARGA - 585 102

13. SRI VISHWANATH C. PATIL
S/O CHANNABASAPPA PATIL
15

AGED ABOUT 28 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1388
APMC YARD, GULBARGA - 585 102

14. SRI SHIVANAND M. PATIL
S/O MALLANGOUDA PATIL
AGED ABOUT 35 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1350
APMC YARD, GULBARGA - 585 102

15. SMT. JAYSHREE W/O JAGDISH WALI
AGED ABOUT 50 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.8-1344
APMC YARD, GULBARGA - 585 102

16. SRI NARASHINGH RAO RUDRANGALE
S/O KRISHNOJI RAO
AGED ABOUT 52 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1396
APMC YARD, GULBARGA - 585 102

17. SRI MOHAMMED KHIYAM ALI
S/O LATE ABDUL KHADAR SAB
AGED ABOUT 33 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1368/14-15
APMC YARD, GULBARGA - 585 102

18. SRI BASAVANTH RAO S/O SHISHARANAPPA
AGED ABOUT 60 YEARS
R/AT NEHRU GUNJ AND CARRYING ON
BUSINESS AT SHOP NO.8-1436/A
APMC YARD, GULBARGA - 585 102

19. SRI MALLIKARJUN S/O SIDDAPPA M.
AGED ABOUT 65 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1397
APMC YARD, GULBARGA - 585 102

20. SRI JAGANATH S/O GURUSHANTAPPA
AGED ABOUT 58 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1472/1
16

APMC YARD, GULBARGA - 585 102

21. SMT. UMABAI W/O SHIVANAND J.
AGED ABOUT 50 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-147/6
APMC YARD, GULBARGA - 585 102

22. SRI MAHIPAL REDDY
S/O SIDRAMAPPA ITGI
AGED ABOUT 53 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1348
APMC YARD, GULBARGA - 585 102

23. SMT. AKKAMAHADEVI GODI
W/O HANMANTHRAO
AGED ABOUT 45 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1393
APMC YARD, GULBARGA - 585 102

24. SRI BASAVANTHRAO PATIL
S/O SHANKARSHETTY PATIL
AGED ABOUT 50 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-1392
APMC YARD, GULBARGA - 585 102

25. SRI SHANKAR GOUDA S. PATIL
S/O SAHEBGOUDA PATIL
AGED ABOUT 50 YEARS
R/AT NEHRU GUNJ AND CARRYING
ON BUSINESS AT SHOP NO.8-114
APMC YARD, GULBARGA - 585 102
.... PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
17

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE, GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKETING SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2;
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN
APPROPRIATE WRIT OR ORDER HOLD THAT THE DELETION OF THE
WORD 'TRADER' IN SECTION 72(1) AND 72 (3) THE INTRODUCTION OF SUB
SECTION (4) IN SECTION 72 DATED 04.01.2014 VIDE NOTIFICATION
NO.SUMVYASHA E 41 SHASHANA 2013, BANGALORE (ANNEXURE:C) AND
THE INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED 17.2.2014
IN NO.CO.215 MRE 2013(P1) BANGALORE (ANNEXURE:D) AND ALSO THE
NOTICE DATED 17.5.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UN CONSTITUTIONAL AND INVALID.

WP NOS:205167-205191/2014:

1. SRI APPARAO PATIL
S/O SHARANABASAPPA
AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102
18

2. SRI BABU RAO PATIL
S/O BASAVANTHRAO PATIL
AGED ABOUT 46 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

3. SRI BASAVAJ PATIL
S/O HANMANTHRAO
AGED ABOUT 52 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

4. SRI CHANDRASHEKAR
S/O REVAPPA MATHALE
AGED ABOUT 36 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

5. SRI DHARMANNA DODDAMANI
S/O MALLAPPA
AGED ABOUT 47 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

6. SRI HANMANTHRAYA
S/O BANDAPPA UDAGI
AGED ABOUT 46 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

7. SRI MALLIKARJUN R. HULI
S/O REVANASIDDAPPA
AGED ABOUT 40 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

8. SRI MADHUSUDAN
S/O SHAMSUNDAR SARDA
AGED ABOUT 44 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

9. SMT. MAHANAND
W/O CHANDRASHEKAR
AGED ABOUT 32 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102
19

10. SRI MOHAN PANDIT
S/O DAVINDRAPPA
AGED ABOUT 52 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

11. SRI MAHESH KUMAR
S/O CHANDRASHEKAR
AGED ABOUT 36 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

12. SRI MALLIKARJUN
S/O REVANASIDDAPPA
AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

13. SRI NAGENDRA S/O SHIVARAYA
AGED ABOUT 43 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

14. SRI RAJESHEAKAR
S/O VEERAMMA SEGI
AGED ABOUT 42 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

15. SRI RUDRASHETTY PATIL
S/O MALLAPPA PATIL
AGED ABOUT 42 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

16. SRI SHIVSHARANAPPA S/O SHIVAPPA
AGED ABOUT 35 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

17. SRI SHARANAPPA S/O KALLAPPA MULGI
AGED ABOUT 70 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

18. SRI SANTOSH KORWAR
S/O ESHWARAPPA KORWAR
20

AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ, GULBARGA - 585 102

19. SRI SANTOSH C S/O MANIKAPPA
AGED ABOUT 33 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

20. SRI SOMSHEKAR S/O GURUNANJAYA
AGED ABOUT 54 YEARS
R/AT NEHRU GUNJ, GULBARGA - 585 102

21. SRI SHRIMANTH UDNOOR
S/O SHIVSHARANAPPA
AGED ABOUT 55 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

22. SRI SHIVANANDA
S/O SHANTHAMALLAPPA
AGED ABOUT 54 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

23. SRI SANJEEV KUMAR
S/O UMAKANTH KHYADE
AGED ABOUT 51 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

24. SRI VISHWANATH NAIKAL
S/O SHARANAPPA NAIKAL
AGED ABOUT 46 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

25. SRI SHAMRAJU S/O BASAWARAJ
AGED ABOUT 30 YEARS
R/AT NEHRU GUNJ, GULBARGA - 585 102
...PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
21

DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE, GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKETING SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2;
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN
APPROPRIATE WRIT OR ORDER HOLD THAT THE DELETION OF THE
WORD 'TRADER' IN SECTION 72(1) AND 72 (3) THE INTRODUCTION OF SUB
SECTION (4) IN SECTION 72 DATED 04.01.2014 VIDE NOTIFICATION
NO.SUMVYASHA E 41 SHASHANA 2013, BANGALORE (ANNEXURE:C) AND
THE INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED 17.2.2014
IN NO.CO.215 MRE 2013(P1) BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED 17.5.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UN CONSTITUTIONAL AND INVALID.

WP NO.204976/2014:

BETWEEN:

SHRI NAGESH S. BIRADAR
S/O SHIVSHARNAPPA
AGED ABOUT 40 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING ON BUSINESS AT
22

SHOP NO.141, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 101
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

5. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED 17.2.2014 IN NO.CO.215 MRE
2013(P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE DATED
17.5.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/ 296/2014-15
(ANNEXURE-B) ARE UN CONSTITUTIONAL AND INVALID.

WP NO.204978/2014:

BETWEEN:

SHRI SANGANNA MADGI
S/O NAGAPPA MADGI
AGED ABOUT 59 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.162, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
24

RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2;
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED 04.01.2014 VIDE NOTIFICATION NO.SUMVYASHA E 41
SHASHANA 2013, BANGALORE (ANNEXURE-C AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED 17.2.2014 IN NO.CO.215 MRE
2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE DATED
17.5.2014 IN NO:KRUMAE/ KRUMASA/ GU/ NIYAVI/296/2014-15
(ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204950/2014:

BETWEEN:

SHRI HANMANTHRAY
S/O ANNARAO MALI PATIL
AGED ABOUT 28 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.8-5816, APMC YARD
GULBARGA
...PETITIONER
(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
25

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 401
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2;
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72 (ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE:C DATED 04.01.2014 NO.SUMVYASHA
E 41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE
76-A FOUND AT ANNEXURE:D DATED 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID.

WP NO.204951/2014:

BETWEEN:

SHRI SANTOSH KUMAR BALI
S/O MALKANNA BALI
AGED ABOUT ... YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
26

SHOP NO.237, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 401
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
BANGALORE - 560 001
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2;
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE:C DATED 04.01.2014 NO.SUMVYASHA
E 41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE
76-A FOUND AT ANNEXURE:D DATED 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED: 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID.
27

WP NO.204972/2014:

BETWEEN:

SHRI MALLANNA TAGNOOR
S/O HANMANTHAPPA TAGNOOR
AGED ABOUT 60 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS
AT SHOP NO.27, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE, GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2;
SRI AMARESH S. ROJA, ADVOCATE FOR R3)
28

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED 04.01.2014 VIDE NOTIFICATION NO:SUMVYA SHA E
41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE
INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED 17.02.2014 IN
NO:CO 215 MRE2013 (P1), BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED 17.05.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204968/2014:

BETWEEN:

SHRI SIDMALLAPPA
S/O BHOGAPPA
AGED ABOUT 32 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.8-370, APMC YARD
GULBARGA - 585 102
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 102
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
29

MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2;
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE:C DATED 04.01.2014 NO.SUMVYASHA
E 41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE
76-A FOUND AT ANNEXURE:D DATED 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID

WP NO.204973/2014:

BETWEEN:

SHRI NAGENDRAPPA KOBAL
S/O CHANDRASHEKAR
AGED ABOUT 65 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:83,
APMC YARD, GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)
30

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

WP NO.204964/2014:

BETWEEN:

SHRI UMAKANTH
S/O CHANDRAPPA WALI
AGED ABOUT 52 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:137,
APMC YARD, GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )
32

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE:C DATED: 04.01.2014 SUMVYASHA E
41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE:D DATED: 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED: 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID.

WP NO.204967/2014:

BETWEEN:

SHRI VEERA REDDY
S/O BHARAM REDDY
AGED ABOUT 52 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:8-1371 APMC YARD
GULBARGA - 585 102
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 102
REPRESENTED BY ITS SECRETARY
33

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE:C DATED: 04.01.2014 SUMVYASHA E
41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE:D DATED: 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED: 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID

WP NO.204965/2014:

BETWEEN:

SHRI PUNDLIKAPPA
S/O GURUBASAPPA KHANDU
AGED ABOUT 62 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:117
APMC YARD, GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)
34

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 401
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE:C DATED: 04.01.2014 SUMVYASHA E
41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE:D DATED: 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED: 17.2.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID
35

WP NO.204952/2014:

BETWEEN:

SHRI RAMLING
S/O MAHANTAPPA HAWNHALLI
AGED ABOUT 40 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:8-1437/1, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 401
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )
36

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE:C DATED: 04.01.2014 SUMVYASHA E
41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE:D DATED: 17.2.2014 VIDE NOTIFICATION
NO.CO.215 MRE 2013(P1) BANGALORE DATED: 17.2.2014 HOLD THAT UN
CONSTITUTIONAL AND INVALID

WP NOS.205194-202/2014:

BETWEEN:

1. SRI SACHIN KUMAR PATIL
S/O BASAVARAJ
AGED ABOUT 52 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

2. SRI MALLINATH
S/O GANESH A
AGED ABOUT 52 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

3. SRI SHIVASHANKAR
S/O BHEEMREDDY ITGI
AGED ABOUT 43 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

4. SRI MALKANNA BALI
S/O PEERAPPA TILGOL
AGED ABOUT 52 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

5. SRI AMBARAYA
S/O SHARANAPPA PATIL
AGED ABOUT 48 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102
37

6. SRI RAMESH S. MUKKA
S/O NARAYANRAO MUKKA
AGED ABOUT 52 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

7. SRI SANTOSH KUMAR
S/O CHIDAMBRAO
AGED ABOUT 42 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

8. SRI SHRISHILA
S/O BASAWARAJ
AGED ABOUT 28 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102

9. SRI SURESH SHETTY
S/O YUVRAJ SHETTY
AGED ABOUT 48 YEARS
R/AT NEHRU GUNJ
GULBARGA - 585 102
...PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 101
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
38

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN
APPROPRIATE WRIT OR ORDER HOLD THAT THE DELETION OF THE
WORD 'TRADER' IN SECTION 72(1) AND 72(3) THE INTRODUCTION OF SUB
SECTION (4) IN SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION
NO:SUMVYA SHA E 41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND
THE INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED:
17.2.2014 IN NO:CO 215 MRE2013 (P1) BANGALORE (ANNEXURE-D) AND
ALSO THE NOTICE DATED: 17.05.2014 IN NO.
KRUMAE/KRUMASA/GU/NIYAVI/296/2014-15 (ANNEXURE-B) ARE
UNCONSTITUTIONAL AND INVALID.

WP NO.204969/2014:

BETWEEN:

SHRI AMBARAYA
S/O KARIYAPPA JEEVANGI
AGED ABOUT 45 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.106
APMC YARD, GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)
39

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN
APPROPRIATE WRIT OR ORDER HOLD THAT THE DELETION OF THE
WORD 'TRADER' IN SECTION 72(1) AND 72(3) THE INTRODUCTION OF SUB
SECTION (4) IN SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION
NO:SUMVYA SHA E 41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND
THE INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED:
17.2.2014 IN NO:CO 215 MRE2013 (P1), BANGALORE (ANNEXURE-D) AND
ALSO THE NOTICE DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/
40

NIYAVI/296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND
INVALID.

WP NO.204983/2014:

BETWEEN:

SHRI SHARANBASAPPA
S/O REVAPPA HEGGINI
AGED ABOUT 39 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.31
APMC YARD, GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS
41

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72 (1) AND 72 (3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E 41
SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN NO:CO 215
MRE2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE
DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/296/2014-15
(ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204985/2014:

BETWEEN:

SHRI MALLINATH RASHMI
S/O BASAWARAJ RASHMI
AGED ABOUT 35 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.217 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
42

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 &R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72 (3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E 41
SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN NO:CO 215
MRE2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE
DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/296/2014-15
(ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204982/2014:

BETWEEN:

SHRI RAJESH K PATIL
S/O KARISIDDAPPA PATIL
AGED ABOUT ... YEARS
RESIDING AT NEHRU GUNJ
43

AND CARRYING ON BUSINESS AT
SHOP NO..... APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E 41
SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN NO:CO 215
MRE2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE
DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/296/2014-15
(ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204966/2014:

BETWEEN:

SHRI SRINIVAS
S/O GOVINDAPPA KALWA
AGED ABOUT 47 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO......, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 401
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
45

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 BY VIDE ANNEXURE-C DATED: 4.1.2014 NO:SUMVYASHA
E 41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE
76-A FOUND AT ANNEXURE:D DATED: 17.2.2014 VIDE NOTIFICATION
NO:CO 215 MRE2013 (P1) BANGALORE DATED: 17.02.2014 HOLD THAT IS
UN CONSTITUTIONAL AND INVALID.

WP NO.204974/2014:

BETWEEN:

SHRI MUKUNDRAO BIRADAR
S/O APPARAO
AGED ABOUT 50 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.273 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
46

DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

4. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
NO.16, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 & R4;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 73(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E 41
SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN NO:CO 215
MRE2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE
DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/296/2014-15
(ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.
47

WP NO.204970/2014:

BETWEEN:

SHRI CHANDRASHEKAR GOGI
S/O BIRANNA GOGI
AGED ABOUT 54 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.176 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
48

SECTION 72(1) AND 73(3) AND THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E
41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE
INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN
NO:CO 215 MRE2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204981/2014:

BETWEEN:

SHRI MALLAYYA S. PATIL
S/O SANGAYYA PATIL
AGED ABOUT 66 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.8-1385 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS
49

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 73(3) AND THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E
41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE
INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN
NO:CO 215 MRE 2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204984/2014:

BETWEEN:

SHRI SHRIKANTH
S/O MANIKAPPA D
AGED ABOUT 52 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.152 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
50

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 101
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 73(3) AND THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E
41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE
INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN
NO:CO 215 MRE 2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204960/2014:

BETWEEN:

SHRI SIDHARAM M PATIL
S/O MALLINATH
AGED ABOUT 40 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.... APMC YARD
GULBARGA
...PETITIONER
51

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 101
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 73(I) AND 72 (ii) (3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 VIDE ANNEXURE-C DATED: 4.1.2014 NO:SUMVYASHA E 41
SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE-D DATED: 17.2.2014 VIDE NOTIFICATION NO:CO
215 MRE 2013 (P1) BANGALORE HOLD THAT UNCONSTITUTIONAL AND
INVALID.
52

WP NO.204986/2014:

BETWEEN:

SHRI GUNDAPPA
S/O GOVINDAPPA
AGED ABOUT 57 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO......, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
53

SECTION 72(1) AND 73(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E 41
SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN NO:CO 215
MRE2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE
DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/296/2014-15
(ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204963/2014:

BETWEEN:

SHRI SANTOSH KUMAR
S/O GURUPADAPPA TENKE
AGED ABOUT 34 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO.1-875 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 101
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
54

...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72 (1) AND 72 (ii) (3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 VIDE ANNEXURE-C DATED: 4.1.2014 NO:SUMVYASHA E 41
SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE-D DATED: 17.2.2014 VIDE NOTIFICATION NO:CO
215 MRE 2013 (P1) BANGALORE, DATED 17.02.2014 HOLD THAT
UNCONSTITUTIONAL AND INVALID.

WP NO.204971/2014:

BETWEEN:

SHRI MALLIKARJUN HATTI
S/O KARBASAPPA HATTI
AGED ABOUT 51 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO:102, APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 506 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
55

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 73(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 4.1.2014 VIDE NOTIFICATION NO:SUMVYA SHA E 41
SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE INTRODUCTION
OF RULE 76-A VIDE NOTIFICATION DATED: 17.2.2014 IN NO:CO 215
MRE2013 (P1) BANGALORE (ANNEXURE-D) AND ALSO THE NOTICE
DATED: 17.05.2014 IN NO. KRUMAE/KRUMASA/GU/NIYAVI/296/2014-15
(ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NOS.200339/2016 & 200357-376/2016:

BETWEEN:

1. SRI ANNARAO H PATIL
S/O HANMANTHRAO PATIL
AGED ABOUT 43 YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

2. SRI VEERENDRA GOWDA BHASREDDY
S/O LINGAREDDY
56

AGED ABOUT __ YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

3. SRI NANDKISHORE BAJAJ
S/O SATHYNARYAN BAJAJ
AGED ABOUT ___ YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

4. SRI SHARANABASAPPA
S/O RACHAPPA
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

5. SRI RAJASHEKHAR
S/O SHARANABASSAPPA
AGED ABOUT ___ YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

6. SRI SANGAPPA
S/O DEVENDRAPPA
AGED ABOUT ___ YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

7. AMREESH
S/O CHANDRASHEKHAR
AGED ABOUT ___ YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

8. SIDDHALINGA
S/O SHIVASHARANAPPA
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

9. VISHWANATH PATIL
S/O BHEEMRAV
AGED ABOUT ____YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

10. CHANDRASHEKHAR
S/O DODDAPPA
AGED ABOUT ___YEARS
57

R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

11. SANGAMESH
S/O REVANASIDDHAPPA
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

12. VENKAREDDY
S/O CHINNAREDDY
AGED ABOUT ___ YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

13. CHANDRASHEKHAR
S/O BASAVANAPPA
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

14. PRABHUDEV S/O LINGAPPA
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

15. NIVEDITA
D/O CHANDRAKANT
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

16. CHANDRAKANTH
S/O SHIVARAV PATIL
AGED ABOUT __YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

17. SHARANAGOWDA
S/O HANUMANTRAO
AGED ABOUT ___ YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

18. AZIZ MIYA MEHABOOB ALI
S/O MEHABOOB ALI
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI
58

19. SHARANAPPA
S/O SANGAPPA
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

20. M.A. AZEEZ SIDDIQUI
S/O ABDUL A.K SIDDIQUI
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI

21. SATYANARAYANA BAJAJ
S/O RAMPRASAD
AGED ABOUT ___YEARS
R/AT APMC YARD CHITTAPUR
DISTRICT: KALABURAGI
...PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS CHIEF SECRETARY

2. DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOOR, RAJBHAVAN ROAD
BANGALORE - 560 001

3. ASSISTANT DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
KALABURAGI, DIST: KALABURAGI - 585 102

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
CHITTAPUR - 585 211
REPRESENTED BY ITS SECRETARY
(AMENDMENT MADE AS PER ORDER DATED 10.03.2016)

5. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
59

RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4;
NOTICE TO R-5 IS DISPENSED WITH V/O DTD. 27.01.2016)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF CERTIORARI OR
OTHER APPROPRIATE WRIT OR ORDER STRIKE DOWN SECTION 4 OF THE
KARNATAKA AGRICULTURAL A PRODUCE MARKETING (REGULATION AND
DEVELOPMENT) [SECOND AMENDMENT) ACT, 2013 AS
UNCONSTITUTIONAL AND VOILATIVE OF ARTICLES 19 (g), 21 AND 14 OF
THE CONSTITUTION OF INDIA AND ETC.

WP NOS.205037-069/2015:

BETWEEN:

1. VENUGOPAL
S/O NATHMAL
AGED ABOUT 37 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

2. SRI VIDHYSAGAR YADDHALLI
S/O AMRUTHRAO YADDHALLI
AGED ABOUT 36 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

3. SRI CHANNVEERAPPA
S/O ANNAVEERAPPA BALI
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

4. SRI SHIVSHARNAPPA
S/O BASAVRAJ ALOOR
AGED ABOUT 40 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI
60

5. SRI SHIVSHARANAPPA
S/O KASIRAYA BANJI
AGED ABOUT 40 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

6. SRI RAJSHEKAR
S/O BASAVARAJ KALKAM
AGED ABOUT 39 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

7. SRI JAGNATH
S/O SHANKRAPPA NELI
AGED ABOUT 39 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

8. SRI NARAYANDAS
S/O BANKATLAL BAJAJ
AGED ABOUT 37 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

9. SRI VENKTESH
S/O PRABHKAR AAINAPUR
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

10. SRI NATHMAL
S/O HARINARAYAN KABRA
AGED ABOUT 39 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

11. SRI BADRINARAYANA
S/O BASILLA HADDI
AGED ABOUT 40 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

12. SRI SATHNARYANA
S/O BADRINARAYANA HADDI
AGED ABOUT 39 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI
61

13. SRI GOPAL DAS BALDVA
S/O BHAGVANTH
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

14. SRI ANAND KUMAR BALDVA
S/O HARIKRISHAN BALDVA
AGED ABOUT 39 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

15. SRI VENKTAREDDY
S/O BASAVARAJAPPA
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

16. SRI RAICHAIAH
S/O SHARANAYYA SWAMI
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

17. SRI VENKTAREDDY
S/O BASAVAREDDY
AGED ABOUT 37 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

18. SRI SANTOSH DONTA
S/O RAVINDRAKUMAR DONTA
AGED ABOUT 36 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

19. SRI JAGDISH
S/O SHANKARRAO PATIL
AGED ABOUT 35 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

20. SRI BASAVARAJ
S/O RAJESHKAR GOUDAPNOOR
AGED ABOUT 34 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI
62

21. SRI VIJAYKUMAR
S/O RAJENDRAPPA K
AGED ABOUT 35 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

22. SRI SHIVKUMAR
S/O GOURISHANKAR
AGED ABOUT 34 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

23. SRI SHIVASHARANAPPA
S/O SHARABANNA PANTLU
AGED ABOUT 35 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

24. SRI AMBAJI RAO
S/O ARJUN RAO KADAM
AGED ABOUT 39 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

25. SRI NAGRAJ PATIL
S/O VEERBHADRAPPA PATIL
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

26. SRI RAMKISHAN
S/O SATHYANARYAN LAHOTI
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

27. SMT. HEMA
W/O SUNIL KUMAR DOTA
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

28. SRI ANIL KUMAR
S/O BASAVRAJ BANDA
AGED ABOUT 37 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI
63

29. SRI SITRAM
S/O RAMNUHAS
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

30. SRI VEERSHETTY PATIL
S/O SHIVLINGAPPA PATIL
AGED ABOUT 30 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

31. SRI VITTAL
S/O VISHWNATH AAINAPUR
AGED ABOUT 39 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

32. SRI SIDDU PATIL
S/O RAJENDRAPPA PATIL
AGED ABOUT 38 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI

33. SRI SIDDANNA
S/O BASAVANTHRAO
AGED ABOUT 37 YEARS
R/AT APMC YARD, SEDUM
DISTRICT: KALABURAGI
...PETITIONERS
(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS CHIEF SECRETARY

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOOR, RAJBHAVAN ROAD
BANGALORE - 560 001

3. THE DEPUTY DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
KALABURAGI, DIST. KALABURAGI
64

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE, KALABURAGI
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1 TO R3;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R4;

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER STRIKE DOWN
SECTION 4 OF THE KARNATAKA AGRICULTURAL PRODUCE MARKETING
(REGULATION AND DEVELOPMENT) (SECOND AMENDMENT) ACT, 2013 AS
UNCONSTITUTIONAL AND VOILATIVE OF ARTICLES 19(g), 21 AND 14 OF
THE CONSTITUTION OF INDIA AND ETC.

WP NOS.202633/2015 & 203019-118/2015:

BETWEEN:

1. SHRI SURESH BOHRA
S/O SHRI MOHANLAL BOHARA
AGED ABOUT 51 YEARS
R/AT 11-5-67, JAIN MOHALLA
BRESTAWARPET, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO. .... PLOT NO.9
RAJENDRA GUNJ
RAICHUR - 584 102

2. SHRI G. MALLAPPA GOWDA
S/O SHRI VIRUPANA GOWDA
AGED ABOUT 57 YEARS
R/AT 1/11/39, BASAVAESHWARA COLONY
RAICHUR AND CARRYING ON BUSINESS
65

AT SHOP NO.91, PLOT NO.9
RAJENDRA GUNJ, RAICHUR - 584 102

3. SHRI M.NAGAREDDY S/O SHRI M.NARASANNA
AGED ABOUT 68 YEARS
R/AT 10-7-63, MAKTHALPET
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.97, PLOT NO.13
RAJENDRA GUNJ, RAICHUR -584 102

4. SHRI D.GOPALA REDDY
S/O SHRI D. BHEEMANARAYA
AGED ABOUT 50 YEARS
R/AT 9-17-61, MADDIPET
GADWAL ROAD, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO..., PLOT NO.16
RAJENDRA GUNJ, RAICHUR - 584 102

5. SHRI SHAMBHU BHEEMA SHANKAR
AGED ABOUT 52 YEARS
R/AT 1-9-112, UDAYA NAGAR
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.98, PLOT NO.13
RAJENDRA GUNJ, RAICHUR - 584 102

6. SHRI UTTAMCHAND BOHRA
S/O LATE DANMAL BOHRA
AGED ABOUT 38 YEARS
R/AT 11/5/67, JAIN COLONY
BRESTAWARPET, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.71, PLOT NO.9
RAJENDRA GUNJ, RAICHUR-584102

7. SHRI DEEPAK KUMAR KATARIYA
S/O SHRI RATAN C.K. KATARIYA
AGED ABOUT 42 YEARS
R/AT PLOT NO.62, A & B
INDUSTRIAL AREA, HYDERABAD ROAD
RAICHUR-2 AND CARRYING ON BUSINESS
AT INDUSTRIAL AREA
HYDERABAD ROAD
RAICHUR-584102

8. SHRI .SIKANDAR H GAFFAR
S/O SHRI H.GAFFAR PATEL
AGED ABOUT 59 YEARS
R/AT 12-12-212
66

NEAR BASAVESHWAR CIRCLE
RAICHUR, AND CARRYING ON BUSINESS
AT BEHIND PLOT NO.2, RAJENDRA GUNJ
RAICHUR - 584 102

9. SHRI A. SAJJANRAJ BANTIA
S/O SHRI ABHAYRAJ BANTIA
AGED ABOUT 63 YEARS
R/AT BEHIND SRI. RAMALINGESHWARA TRADING CO.
PLOT NO.16, RAJENDRA GUNJ RAICHUR AND
CARRYING ON BUSINESS AT
PLOT NO.13, RAJENDRA GUNJ
RAICHUR - 584 102

10. SHRI. JAWAHARLAL S/O SHRI JUGRAJ
AGED ABOUT 61 YEARS
R/AT 12-2-274, BEHIND PLOT NO.14
RAJENDRA GUNJ, RAICHUR
AND CARRYING ON BUSINESS
AT PLOT NO.14, RAJENDRA GUNJ
RAICHUR - 584 102

11. SHRI G. GURUNATH REDDY
S/O SHRI VENKATARAMA REDDY
AGED ABOUT 39 YEARS
R/AT 10-7-55, MAKTHALPET, RAICHUR
AND CARRYING ON BUSINESS
AT PLOT NO.13, RAJENDRA GUNJ
RAICHUR - 584 102

12. SHRI P. GOVINDA REDDY
S/O SHRI P. NARASANNA
AGED ABOUT 45 YEARS
AND CARRYING ON BUSINESS
AT PLOT NO.16, RAJENDRA GUNJ
RAICHUR - 584 102

13. SHRI P. THIMMA REDDY
S/O SHRI P. NARASANNA
AGED ABOUT 45 YEARS
R/AT 10-8-8/1, MAKTHALPET,
RAICHUR AND CARRYING ON BUSINESS
AT INDUSTRIAL AREA
RAICHUR - 584 102

14. SHRI RANGA REDDY S/O SHRIHANUMANNA
AGED ABOUT 54 YEARS
R/AT UPSTAIRS, SRI SANJEEVA TRADERS
RAJENDRA GUNJ, RAICHURAND
67

CARRYING ON BUSINESS AT
PLOT NO.16, RAJENDRA GUNJ
RAICHUR - 584 102

15. SHRI SHYAM SUNDER MUNDADA
S/O SHRI TULASIRAM MUNDADA
AGED ABOUT 55 YEARS
R/AT PARAS GARDEN, RAICHUR
AND CARRYING ON BUSINESS AT
HYDERABAD ROAD, INDUSTRIAL AREA
RAICHUR - 584 102

16. SHRI ANAND KUMAR MUNDADA
S/O SHRI RANGANATH MUNDADA
AGED ABOUT 40 YEARS
R/AT PARAS GARDEN, RAICHUR
AND CARRYING ON BUSINESS AT
TULSI INDUSTRIES, INDUSTRIAL AREA
HYDERABAD ROAD, RAICHUR - 584 102

17. SHRI PRASANNA RAJ NAHATA
S/O SHRI MAANGILAL
AGED ABOUT 56 YEARS
R/AT 12-10-97/76, PARAS GARDEN
RAICHUR AND CARRYING ON BUSINESS
AT PLOT NO.2, RAJENDRA GUNJ
RAICHUR - 584 102

18. SHRI K. HEMANNA S/O SHRI K.THIPPANNA
AGED ABOUT 45 YEARS
R/AT PLOT NO.13, SHOP NO.101
RAJENDRA GUNJ, RAICHUR - 584 102
AND CARRYING ON BUSINESS AT
SHOP NO.101, PLOT NO.13
RAJENDRA GUNJ, RAICHUR - 584 102

19. SHRI DHANRAJ DHOKA
S/O SHRI POORNAMAL DHOKA
AGED ABOUT 58 YEARS
R/AT 1-10-127/138
KALLUR COLONY, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.83, PLOT NO.11
RAJENDRA GUNJ, RAICHUR-584102

20. SHRI U. JANARDHAN REDDY
S/O SHRI YANKAPPA
AGED ABOUT 34 YEARS
R/AT H.NO.10-1-62
68

MAKTHALPET, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.1, APMC COMPLEX
RAJENDRA GUNJ, RAICHUR-584102

21. SHRI MURALIDHARA LAHOTI
S/O SHRI BAJARANGALAL LAHOTI
AGED ABOUT 55 YEARS
R/AT 12-1-121/3A
NEAR GUNJ KALYAN MANTAP, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.62, PLOT NO.8
RAJENDRA GUNJ, RAICHUR-584102

22. SHRI BAJARANGLAL LAHOTI
S/O SHRI MURALIDHARA LAHOTI
AGED ABOUT 77 YEARS
R/AT 12-1-121/3A
NEAR GUNJ KALYAN MANTAP, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.62, PLOT NO.8
RAJENDRA GUNJ, RAICHUR-584102

23. SHRI HITESH KUMAR S/O SHRI UGAMRAJ
AGED ABOUT 41 YEARS
R/AT BACK SIDE OF NEAR CENTRAL BANK OF INDIA
RAICHUR AND CARRYING ON BUSINESS AT
SHOP.13, APMC COMPLEX,
RAJENDRA GUNJ, RAICHUR-584102

24. SHRI GOUTAM KUMAR S/O SHRI UGAMRAJ
AGED ABOUT 32 YEARS
R/AT NEAR RAJSTHAN HOTEL
KRISHNA ASHIRVAD APARTMENTS
LINGASIGUR ROAD, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP.13, APMC COMPLEX
RAJENDRA GUNJ, RAICHUR-584102

25. SHRI B. RAVISHANKAR
S/O SHRI .B. GOVINDAPPA
AGED ABOUT 42 YEARS
R/AT 10-6-38, MAKTHALPET
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.2, PLOT NO.1
RAJENDRA GUNJ, RAICHUR-584102

26. SHRI DEENABANDHU PATIL
S/O SHRI VENKATARAYA GOWDA
69

AGED ABOUT 36 YEARS
BESDIE G.M.PATIL
RAJENDRA GUNJ, RAICHUR-584102
AND CARRYING ON BUSINESS
AT SHOP.3, PLOT NO.1
RAJENDRA GUNJ, RAICHUR-584102

27. SHRI MAHESH KUMAR DHOKA
S/O SHRI GIRIDHARLAL
AGED ABOUT 42 YEARS
R/AT H.NO.3-10-5
BEROON QUILLA NEW, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.92, PLOT NO.12
RAJENDRA GUNJ, RAICHUR-584102

28. SHRI .K.J.ESHAPPA
S/O SHRI K. NARASANNA
AGED ABOUT 50 YEARS
R/AT 9-12-52, MADDIPET
RAICHUR AND CARRYING ON BUSINESS
AT PLOT NO.14, RAJENDRA GUNJ
RAICHUR-584102

29. SHRI S. CHANDRASHEKAR S/O GORANNA
AGED ABOUT 59 YEARS
R/AT 9/4/81, MADDIPET, RAICHUR
AND CARRYING ON BUSINESS AT
PLOT NO.14 B, RAJENDRA GUNJ
RAICHUR-584102

30. SHRI .MATAMARAPPA S/O SHRI VEERANNA
AGED ABOUT 66 YEARS
R/AT 9-4-4, MADDIPET, RAICHUR
AND CARRYING ON BUSINESS AT
PLOT NO.14 B, RAJENDRA GUNJ
RAICHUR-584102

31. SHRI G. SANJEEVA REDDY
S/O SHRI G.D ODDA BOLBANDEPPA
AGED ABOUT 56 YEARS
R/AT 12-3-59, UPSTAIR NAVEEN TRADING CO.
AND CARRYING ON BUSINES AT
PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584 102

32. SHRI RAKESH KUMAR JANGADA
S/O SHRI GOUTAMCHAND JANGADA
70

AGED ABOUT 38 YEARS
R/AT FLAT NO.2, TULAJA BHAVANI APARTMENTS
PRASHANTH COLONY, RAICHUR
AND CARRYING ON BUSINES AT
PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584 102

33. SHRI RANJITRAJ KATARIYA
S/O MUKANCHAND KATARIYA
AGED ABOUT 44 YEARS
R/AT BEHIND JAIN TEMPLE
BEROON QUILLA, RAICHUR
AND CARRYING ON BUSINES AT
PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584 102

34. SHRI RAJENDRA KUMAR KOTHARI
S/O SHRI SAMPATH RAJ
AGED ABOUT 50 YEARS
R/AT 11-3-21, MAHAVEER CHOWK
RAICHUR AND CARRYING ON BUSINES AT
PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584 102

35. SHRI VINOD KUMAR KOTHARI
S/O SHRI DHARAMCHAND KOTHARI
AGED ABOUT 41 YEARS
R/AT 3-10-24, BEROON QUILLA
RAICHUR AND CARRYING ON BUSINES
AT PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584 102

36. SHRI N. LAXMIKANTH REDDY
S/O SHRI N. HANUMANTHU
AGED ABOUT 54 YEARS
R/AT 12-9-205/1, NEW MEDARWADI
RAICHUR AND CARRYING ON BUSINES AT
SHOP NO.56/1, PLOT NO.7
RAJENDRA GUNJ, RAICHUR-584 102

37. SHRI M.R. PRAVEEN KUMAR
S/O SHRI SAYI REDDY
AGED ABOUT 31 YEARS
R/AT H.NO.9-18-19, MEDARWADI
RAICHUR AND CARRYING ON BUSINES AT
PLOT NO.1, RAJENDRA GUNJ
RAICHUR-584 102
71

38. SHRI VIJAYKUMAR VEDMUTHA
S/O SHRI SHANTILAL
AGED ABOUT 48 YEARS
R/AT HRB LAYOUT, MAHILA SAMAJ
RAICHUR AND CARRYING ON BUSINES AT
48/A, INDUSTRIAL AREA
HYDERABAD ROAD
RAICHUR-584 102.

39. SHRI LAXMIKANTH BOOB
S/O SHRI NARAYANDAS BOOB
AGED ABOUT 36 YEARS
R/AT 11-5-65, LAXMI KRUPA
BRESTAWARPET, RAICHUR
PLOT NO.60 A & B
INDUSTRIAL AREA
RAICHUR-584 102

40. SHRI G.VASANT KUMAR
S/O SHRI G. NARASA REDDY
AGED ABOUT 41 YEARS
H.NO.10-7-20/2, MAKTHALPET
RAICHUR AND CARRYING ON BUSINES AT
PLOT NO.14, RAJENDRA GUNJ
RAICHUR-584 102

41. SHRI ANWAR A. GAFFAR
S/O ABDUL GAFFAR
AGED ABOUT: 56 YEARS
R/AT H.NO.7-1-1, GAJGARPET
RAICHUR AND CARRYING ON BUSINESS
AT GAJGARPET, RAICHUR

42. SHRI K.M. MALLAREDDY
S/O K.M. ASHA REDDY
AGED ABOUT 51 YEARS
R/AT 12-1-74, NEAR GUNJ KALYAN MANTAP
REJENDRA GUNJ, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.33, PLOT NO.5
RAJENDRA GUNJ, RAICHUR - 584 102

43. SHRI M. MAHAVEER MAKANA
S/O SHRI MANIKCHAND MAKANA
AGED ABOUT: 54 YEARS
R/AT 11-2-21, LOHARWADI
M.G. ROAD, RAICHUR
AND CARRYING ON BUSINESS AT
72

SHOP NO.35, PLOT NO.5
RAJENDRA GUNJ, RAICHUR - 584 102

44. SHRI D.M. SIDRAMPPA
S/O SHRI D.M. ADIVEPPA
AGED ABOUT 42 YEARS
SHOP-CUM- RESIDENCE
SHOP NO.96, PLOT NO.12
REJENDRA GUNJ, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.96, PLOT NO.12
RAJENDRA GUNJ, RAICHUR - 584 102

45. SHRI G.N. DASHRATHA RAMA REDDY
S/O SHRI G.N. VEERA REDDY
AGED ABOUT 40 YEARS
RESIDING AT 9-17-41, MADDIPET
RAICHUR, AND CARRYING ON BUSINESS AT
SHOP NO.118, PLOT NO.15
RAJENDRA GUNJ, RAICHUR - 584 102

46. SHRI HAJEE DAWOOD
S/O HAJI ADUL RAZZAK
AGED ABOUT 26 YEARS
R/AT H.NO.2-6-78/26A
TIPPU SULTAN ROAD, RAICHUR
AND CARRYING ON BUSINESS AT
PLOT NO.16, RAJENDRA GUNJ
RAICHUR - 584 102

47. SHRI K.NARASANNA S/O SHRI RAYAPPA
AGED ABOUT 58 YEARS
R/AT 12-1-360/A-1
JALAL NAGAR, RAICHUR AND
CARRYING ON BUSINESS AT
SHOP NO.112, PLOT NO.14
RAJENDRA GUNJ, RAICHUR-584102

48. SHRI MALLAPPA S/O SHRI SHIVAPPA
AGED ABOUT 65 YEARS
R/AT SHOP-CUM-RESIDENCE
SHOP NO.102, PLOT NO.14
RAJENDRA GUNJ, RAICHUR AND
CARRYING ON BUSINESS AT
SHOP NO.102, PLOT NO.14
RAJENDRA GUNJ, RAICHUR-584102

49. SHRI S.C. AMARESH
S/O SHRI UMAPATHI
73

AGED ABOUT 73 YEARS
R/AT 2-4-15, COURT TALAB
RAICHUR AND CARRYING ON BUSINESS
AT PLOT NO.14, RAJENDRA GUNJ
RAICHUR - 584 102

50. SHRI KYADIGERI VIRUPAXA GOWDA
S/O SHRI K. SHARANAPPA
AGED ABOUT 49 YEARS
R/AT SHOP-CUM-RESIDENCE
SHOP NO.49, PLOT NO.7
RAJENDRA GUNJ, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO. ..., PLOT NO.7
RAJENDRA GUNJ, RAICHUR-584102

51. SHRI NAGAN GOUDA
S/O SHRI VEERBHADRA GOUDA
AGED ABOUT 41 YEARS
R/AT 1-3-278/8, MEHABOOBIYA COLONY
RAICHUR AND CARRYING ON BUSINESS AT
SHOP NO.49, PLOT NO.7
RAJENDRA GUNJ, RAICHUR-584102

52. SHRI NAGARAJ
S/O SHRI NARASIMHALU
AGED ABOUT 35 YEARS
R/AT 9-12-97/1, MADDIPET
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.16, PLOT NO.2,
RAJENDRA GUNJ, RAICHUR - 584 102

53. SHRI G.R. RAMACHANDRA SHETTY
S/O SHRI R. SAKKARAYA
AGED ABOUT 63 YEARS
R/AT H.NO.7-6-28/10,
NEAR CITY BUS STOP,
VASAVI NAGAR, RAICHUR
AND CARRYING ON BUSINESS
AT PLOT NO.14, RAJENDRA GUNJ
RAICHUR-584102

54. SMT. R.LAKSHMI
W/O SHRI G.R. RAMACHANDRA SHETTY
AGED ABOUT 58 YEARS
NEAR CITY BUS STOP,
VASAVI NAGAR, RAICHUR.
AND CARRYING ON BUSINESS
74

AT PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584102

55. SHRI G.RAJASHEKAR
S/O SHRI VIRUPANA GOWDA
AGED ABOUT 62 YEARS
R/AT 1-4-88/117
S.B.H. COLONY, RAICHUR
AND CARRYING ON BUSINESS
AT PLOT NO.14, RAJENDRA GUNJ
RAICHUR-584102

56. SHRI VIJAYRAJ DHOKA
S/O SHRI PARASMAL DHOKA
AGED ABOUT 54 YEARS
R/AT PARAS GARDEN,
SRI BHAWAL APARTMENT
RAICHUR AND CARRYING ON BUSINESS
AT PLOT NO.9, RAJENDRA GUNJ
RAICHUR-584102

57. SHRI NARENDRA MOOTHA
S/O SHRI PARASMAL MOOTHA
AGED ABOUT 55 YEARS
R/AT 11-2-38, OPP : SBH MAIN
LOHARWADI, RAICHUR
AND CARRYING ON BUSINESS
AT PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584 102

58. SHRI JUKUR VEERANNA
S/O SHRI JUKUR PANGUNTAPPA
AGED ABOUT 62 YEARS
R/AT H.NO.11-11-57
BRESTAWARPET, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.41, PLOT NO.6
RAJENDRA GUNJ, RAICHUR-584102

59. SHRI MANISH NAHATA S/O
OF SHRI SHANTILAL NAHATA
AGED ABOUT 34 YEARS
R/AT 1ST FLOOR, BEHIND SHOP NO.57
PLOT NO.8, RAJENDRA GUNJ
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.57, PLOT NO.8
RAJENDRA GUNJ, RAICHUR-584102
75

60. SHRI P. THIMMA REDDY
S/O SHRI P. NARASANNA
AGED ABOUT 45 YEARS
R/AT 10-8-8/1, MAKTHALPET
RAICHUR AND CARRYING ON BUSINESS
AT PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584102

61. SHRI N. VEERANNA
S/O SHRI NARASANNA
AGED ABOUT 65 YEARS
R/AT NEAR LAXMAMMA TEMPLE
MAKTHALPET, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.102, PLOT NO.13
RAJENDRA GUNJ, RAICHUR-584102

62. SHRI V. SHREE RAM
S/O SHRI V. JAYARAMAYYA
AGED ABOUT 76 YEARS
R/AT 11-11-46/1, SRI NILAYA
BRESTAWAR PETH
GEETHA MANDIR ROAD, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.17, PLOT NO.3
RAJENDRA GUNJ, RAICHUR-584102

63. SHRI G.GOVINDARAJU
S/O SHRI G.NARAYANAPPA
AGED ABOUT 46 YEARS
R/AT 9-2-21, MADDIPET
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.23, PLOT NO.3
RAJENDRA GUNJ, RAICHUR-584102

64. SHRI G.SRINIVAS S/O SHRI.G.NARAYANAPPA
AGED ABOUT 49 YEARS
R/AT 11-1-138/63
VENKATESHWARA COLONY, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.23, PLOT NO.3
RAJENDRA GUNJ, RAICHUR-584102

65. SHRI M.SIDDANAGOUDA
S/O SHRI BASANGOUDA
AGED ABOUT 28 YEARS
R/AT LIG-99, NIJALINGAPPA COLONY
RAICHUR AND CARRYING ON BUSINESS
76

AT SHOP NO.78, PLOT NO.10
RAJENDRA GUNJ, RAICHUR-584102

66. SHRI K.LINGANGOUDA MALHAR
S/O SHRI BASAVANTARAYA MALHAR
AGED ABOUT 78 YEARS
R/AT DADDY COLONY, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.99, PLOT NO.13
RAJENDRA GUNJ, RAICHUR-584102

67. SHRI SURENDRA KUMAR
S/O SHRI MADANLAL DHOKA
AGED ABOUT 58 YEARS
R/AT BEHIND PLD BANK
GUNJ ROAD, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.50, PLOT NO.7
RAJENDRA GUNJ, RAICHUR-584102

68. SHRI N. RAJASHEKAR GOUDA
S/O SHRI N. BASAVARAJPPA GOWDA
AGED ABOUT 45 YEARS
R/AT BASAVESWARA COLONY, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.94, PLOT NO.12
RAJENDRA GUNJ, RAICHUR-584102

69. SHRI MANISH KUMAR BOOB
S/O SHRI VENUGOPAL BOOB
AGED ABOUT 33 YEARS
R/AT 1-10-127/1, KALLUR COLONY
STATION ROAD, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.16, RAJENDRA GUNJ
RAICHUR-584102

70. SHRI A. ANJANEYA S/O SHRI NARASAPPA
AGED ABOUT 65 YEARS
R/AT 9-16-6, MADDIPET, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.89, PLOT NO.12
RAJENDRA GUNJ, RAICHUR-584102

71. SHRI JAYANTILAL KATARIA
S/O SHRI VISHRAM BHAYI
AGED ABOUT 63 YEARS
R/AT BEHIND GUNJ KALYAN MANTAP, RAICHUR
AND CARRYING ON BUSINESS
77

AT PLOT NO.7, RAJENDRA GUNJ
RAICHUR-584102

72. SHRI KANJI VISHRAM KATARMAL
S/O SHRI VISHRAM BHAYI
AGED ABOUT 76 YEARS
R/AT BEHIND GUNJ KALYAN MANTAP, RAICHUR
AND CARRYING ON BUSINESS
AT PLOT NO.7, RAJENDRA GUNJ
RAICHUR-584102

73. SHRI G. NARESH KUMAR
S/O SHRI G.PRATAP REDDY
AGED ABOUT 23 YEARS
R/AT 9-17-17, MADDIPET, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.64, PLOT NO.8
RAJENDRA GUNJ, RAICHUR-584102

74. SHRI S. RAMASWAMY
S/O SHRI S.THAYAPPA
AGED ABOUT 47 YEARS
R/AT H.NO.9-13-23, LAXMISWAMY MATH
GADWAL ROAD, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.70, PLOT NO.9
RAJENDRA GUNJ, RAICHUR-584102

75. SHRI RAJARAM LAHOTI
S/O SHRI KHUBCHAND LAHOTI
AGED ABOUT 70 YEARS
R/AT IST FLOOR, LAHOTI NIWAS
OPP. GOSHALA SANGHA, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.56, PLOT NO.7
RAJENDRA GUNJ, RAICHUR-584102

76. SHRI MAHENDRAKUMAR JAIN
S/O SHRI MOHANLAL JAIN
AGED ABOUT 58 YEARS
R/AT NEAR MAHAVEER CHOWK
GOLTHANA, RAICHUR
AND CARRYING ON BUSINESS AT
NEAR MAHAVEER CHOWK,
GOLTHANA, RAICHUR.

77. SHRI ABDUL RAUF,
S/O SHRI HAJI AHMED
78

AGED ABOUT 61 YEARS
R/O AT : 2-3-69/1
TIPPU SULTAN ROAD
ANDROON QUILLA, RAICHUR
AND CARRYING ON BUSINESS AT
PLOT NO.16, RAJENDRA GUNJ
RAICHUR-584102

78. SHRI B. JAGADISH GUPTA
S/O SHRI B. VENKATAIAH GUPTA
AGED ABOUT 53 YEARS
R/AT SHOP-CUM-RESIDENCE
SHOP NO.95, PLOT NO.12, RAJENDRA GUNJ
RAICHUR AND CARRYING ON BUSINESS AT
SHOP NO.95, PLOT NO.12, RAJENDRA GUNJ
RAICHUR - 584 102

79. SHRI B. VENKATAIAH GUPTA
S/O SHRI NARASAYYA GUPTA
AGED ABOUT 76 YEARS
R/AT SHOP-CUM-RESIDENCE
AND CARRYING ON BUSINESS
AT SHOP NO.95, PLOT NO.12
RAJENDRA GUNJ, RAICHUR.584102

80. SMT. D.RADHA W/0 D.GOPAL REDDY
AGED ABOUT 48 YEARS
R/AT 9-17-62/1, MADDIPET, RAICHUR
AND CARRYING ON BUSINESS AT
MANCHALAPUR ROAD, RAICHUR

81. SHRI G. HANUMANTHARAYA
S/O SHRI G.BETTAPPA
AGED ABOUT 34 YEARS
R/AT BEHIND G.M.A. KALYANA MANTAP
GUNJ ROAD, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.44, PLOT NO.6
RAJENDRA GUNJ, RAICHUR- 584102

82. SHRI G.BETTAPPA
S/O SHRI GADHAR HANUMAPPA
AGED ABOUT 68 YEARS
R/AT BEHIND G.M.A.KALYANA MANTAP
GUNJ ROAD, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.44, PLOT NO.6
RAJENDRA GUNJ, RAICHUR- 584102
79

83. SHRI G. MAHESH REDDY
S/O SHRI G. SANNA NARASA REDDY
AGED ABOUT 41 YEARS
R/AT 9-18-48, MADDIPET, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP NO.64, PLOT NO.8
RAJENDRA GUNJ, RAICHUR.584102

84. SHRI D.G. KRISHNA
S/O SHRI.D.G.AMARAPPA
AGED ABOUT 46 YEARS
R/AT SHOP-CUM-RESIDENCE
SHOP NO.81, PLOT NO.11
RAJENDRA GUNJ, RAICHUR
AND CARRYING ON BUSINESS AT
SHOP-CUM-RESIDENCE
SHOP NO.81, PLOT NO.11
RAJENDRA GUNJ, RAICHUR - 584 102

85. SHRI SURENDRA ASHAR
S/O SHRI KESHAVAJI
AGED ABOUT 56 YEARS
R/AT H.NO.12-1-34
BEHIND G.M.A. KALYANA MANTAP
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.145, PLOT NO.18
RAJENDRA GUNJ, RAICHUR-584102

86. SHRI T.ANJINAYYA
S/O SHRI.T.BUDDANNA
AGED ABOUT 52 YEARS
R/AT H.NO.9-11-105, MADDIPET,
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.9, PLOT NO.2
RAJENDRA GUNJ, RAICHUR-584102

87. SHRI P. THIMMAPPA
S/O SHRI.P.SAVARAPPA
AGED ABOUT 49 YEARS
R/AT 10-6-31, MAKTHALPET
RAICHUR AND CARRYING ON BUSINESS
AT SIYATALAB, RAICHUR-584102

88. SHRI K.CHANDRASHEKHAR
S/O SHRI K.ESHWARAPPA
AGED ABOUT 57 YEARS
R/AT : H.NO.10/3/56, MAKTHALPET
KUMBARWADI, RAICHUR AND
80

CARRYING ON BUSINESS AT L3 & L4
INDUSTRIAL ESTATE, RAICHUR

89. SHRI Y. BASAVARAJ
S/O SHRI Y.CHANNAMALLAPPA
AGED ABOUT 40 YEARS
R/AT H.NO.1-12-91-27/28
PCB COLONY, LINGASUGUR ROAD
RAICHUR AND CARRYING ON BUSINESS
AT PLOT NO.15, RAJENDRA GUNJ
RAICHUR-584102

90. SHRI Y.MAHESH
S/O SHRI Y.UDAYKUMAR
AGED ABOUT 32 YEARS
R/AT H.NO.1-12-91-27/28
PCB COLONY, LINGASUGUR ROAD,
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.98, PLOT NO.13
RAJENDRA GUNJ, RAICHUR-584102

91. SHRI SAMPATH KUMAR DARAK
S/O GHANSHYAM DARAK
AGED ABOUT 44 YEARS
R/AT H.NO.12-1-58-10,
BEHIND G.M.A. KALYAN MANTAP
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.140, PLOT NO.16-B
RAJENDRA GUNJ, RAICHUR-584102

92. SHRI H.RAJESH
S/O GHANSHYAM DARAK
AGED ABOUT 40 YEARS
R/AT H.NO.12-1-58-10
BEHIND G.M.A. KALYAN MANTAP
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.140, PLOT NO.16-B
RAJENDRA GUNJ, RAICHUR-584102

93. SMT. SHYAMALA DARAK
D/O GHANSHYAM DARAK
AGED ABOUT 38 YEARS
BEHIND G.M.A. KALYAN MANTAP
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.140, PLOT NO.16-B
RAJENDRA GUNJ, RAICHUR-584102
81

94. SHRI H. NAGANGODA
S/O SHRI H. SHARANAPPA
AGED ABOUT 63 YEARS
R/AT KALLUR COLONY
STATION RAOD, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.9, PLOT NO.10
RAJENDRA GUNJ, RAICHUR-584102

95. SHRI A. ASHA REDDY
S/O SHRI A. SANNA PAPA REDDY
AGED ABOUT 43 YEARS
R/AT 9-11-112, GADWAL ROAD
MADDIPET, RAICHUR
AND CARRYING ON BUSINESS
AT SHOP NO.82, PLOT NO.11
RAJENDRA GUNJ, RAICHUR-584102

96. SHRI P. GOPINATH
S/O SHRI.P.SAVARAPPA
AGED ABOUT 43 YEARS
R/AT 10-7-48, MAKTHALPET
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.12, PLOT NO.2
RAJENDRA GUNJ, RAICHUR-584102

97. SHRI G. RAMA REDDY
S/O G.YENKAPPA
AGED ABOUT 60 YEARS
R/AT H.NO.12-1-204,
RAGHAPPA BHAVI, GUNJ ROAD
RAICHUR AND CARRYING ON BUSINESS
AT SHOP NO.87, PLOT NO.11
RAJENDRA GUNJ, RAICHUR-584102

98. SHRI A.Y. BASANT KUMAR
S/O SHRI A.Y. ADIVEPPA
AGED ABOUT 40 YEARS
R/AT H.NO.10-2-92
MAKTHALPET, RAICHUR
AND CARRYING ON BUSINESS
AT MANCHALAPUR ROAD
RAICHUR-584102

99. SHRI A.Y. SIJITH KUMAR
S/O SHRI A.Y. SUGURESH
AGED ABOUT 38 YEARS
R/AT H.NO.10-2-91
82

MAKTHALPET, RAICHUR
AND CARRYING ON BUSINESS
AT APMC COMPLEX, SHOP NO.21
RAJENDRA GUNJ, RAICHUR-584102
...PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS CHIEF SECRETARY

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOOR, RAJBHAVAN ROAD
BANGALORE - 560 001

3. THE DEPUTY DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
RAICHUR, DISTRICT RAICHUR

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE, RAICHUR
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS
(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF CERTIORARI OR
OTHER APPROPRIATE WRIT OR ORDER STRIKE DOWN SECTION 4 OF THE
KARNATAKA AGRICULTURAL PRODUCE MARKETING (REGULATION AND
DEVELOPMENT) (SECOND AMENDMENT) ACT, 2013 AS
UNCONSTITUTIONAL AND VOILATIVE OF ARTICLES 19 (g), 21 AND 14 OF
THE CONSTITUTION OF INDIA (ANNEXURE 'C' DATED: 4.1.2014) AND ETC.
83

WP NO.200338/2016:

BETWEEN:

1. SRI SHIVKUMAR R INGINSHETTY
S/O RAVENASIDDAPPA
AGED ABOUT 51 YEARS
R/AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

2. SRI PRASHANT S MARGOL
AGED ABOUT 42 YEARS
R/AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

3. SRI BHIMRAYA S METI S/O METI
AGED ABOUT 44 YEARS
R/AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

4. M/S. KARNATAKA TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

5. M/S. KARNATAKA TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

6. M/S. SHARAN TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

7. SRI C.A. INGINSHETTY
AGED ABOUT ___YEARS
R/AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

8. M/S. SANTOSH TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT : KALABURAGI

9. M/S. ANNAVEERABHADRESHWAR TRADERS
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

10. M/S. SHRI SHIVA SAI TRADER
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI
84

11. M/S. ..... TRADING CO
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

12. M/S. LAKSHMI VENKATESHWAR TRADERS
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

13. M/S. SHIVA TRADERS
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

14. M/S. NANDI TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

15. M/S. S.C. KOBAL AND CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

16. M/S. SANGAMESHWAR TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

17. M/S. MAHANANDI TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

18. M/S. ... TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

19. M/S, SRI SHARANA KRUPA TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

20. M/S. ANDOLA TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

21. M/S. D.M. INGINSHETTY AND CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

22. M/S. M.S. BANDELI TRADERS
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI
85

23. M/S. OM TRADERS
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI

24. M/S. JAI SHREE TAYAMMAYI TRADING CO.
AT APMC YARD, SHAHBAD
DISTRICT: KALABURAGI
...PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS CHIEF SECRETARY

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOOR, RAJBHAVAN ROAD
BANGALORE - 560 001

3. THE DEPUTY DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
RAICHUR, DIST: RAICHUR

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE, GULBARGA
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND, FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI
OR OTHER APPROPRIATE WRIT OR ORDER STRIKE DOWN SECTION 4 OF
THE KARNATAKA AGRICULTURAL PRODUCE MARKETING (REGULATION
86

AND DEVELOPMENT) (SECOND AMENDMENT) ACT, 2013 AS
UNCONSTITUTIONAL AND VOILATIVE OF ARTICLES 19 (g), 21 AND 14 OF
THE CONSTITUTION OF INDIA AND ETC.

WP NOS.201303-316/2016:

BETWEEN:

1. SHRI SHAMBHULING S/O GURANNA
AGED ABOUT 52 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS
AT SHOP NO.8-1412, APMC YARD, KALABURAGI

2. SHRI SHANKARAPPA KIRANI
S/O SHARANAPPA KIRANI
AGED ABOUT 80 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS AT
SHOP NO 8-930, APMC YARD, KALABURAGI

3. SHRI MALLIKARJUN PATIL
S/O BASAWARAJ PATIL
AGED ABOUT 38 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS AT
SHOP NO.8-1470, APMC YARD, KALABURAGI

4. SHRI VITHAL RAO MARUTI JANKAR
S/O MARUTI JANKAR
AGED ABOUT 41 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS AT
SHOP NO.8-1405, APMC YARD, KALABURAGI

5. SHRI LAXMIPUTRA PATIL
S/O SHIVALINGAPPA PATIL
AGED ABOUT 48 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING OUT BUSINESS AT
SHOP NO.8-1406, APMC YARD, KALABURAGI

6. SHRI BASAVARAJ PYATI
S/O ERANNA PYATI
AGED ABOUT 40 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS AT
87

SHOP NO.8-1406, APMC YARD
KALABURAGI

7. SHRI ASHOK PATIL
S/O SHIVARAO PATIL
AGED ABOUT 48 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING OUT BUSINESS
AT SHOP NO.8-1405 & 8-1405/1
APMC YARD, KALABURAGI

8. SHRI NAGRAJ
S/O SHIVAPUTRAPPA KANNI
AGED ABOUT 39 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS AT
SHOP NO.115, APMC YARD, KALABURAGI

9. SHRI SHARANA GOUDA BIRADAR
S/O SAHADEV BIRADAR
AGED ABOUT 32 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING OUT BUSINESS AT
SHOP NO.171, APMC YARD, KALABURAGI

10. SHRI VISHWANATH N HOOLI
S/O NIJALINGAPPA HOOLI
AGED ABOUT 40 YEARS
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS AT
SHOP NO.8-1506, APMC YARD, KALABURAGI

11. SHRI SHIVAJI RAO
S/O LAXMAN RAO MANE
AGED ABOUT 52 YEARS,
RESIDING AT NEHRU GUNJ AND
CARRYING OUT BUSINESS AT
SHOP NO.144, APMC YARD, KALABURAGI

12. SMT. ERAMMA
W/O SHIVANAND HIREMATH
AGED ABOUT 27 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING OUT BUSINESS AT
SHOP NO.41, APMC YARD, KALABURAGI

13. SHRI NAGRAJ HULI
S/O MAHADEVAPPA HULI
AGED ABOUT 32 YEARS
88

RESIDING AT NEHRU GUNJ
AND CARRY OUT OF BUSINESS AT
SHOP NO.143, APMC YARD, KALABURAGI

14. SHRI RAJSHEKHAR LANGER
S/O SHIVASHARANAPPA
AGED ABOUT 53 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING OUT BUSINESS AT
SHOP NO.8-1450, APMC YARD, KALABURAGI
...PETITIONERS

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS CHIEF SECRETARY

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOOR, RAJBHAVAN ROAD
BANGALORE - 560 001

3. THE ASSISTANT DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
KALABURAGI, DISTRICT: KALABURAGI

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE, KALABURAGI
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4)
89

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER STRIKE DOWN
SECTION 4 OF THE KARNATAKA AGRICULTURAL PRODUCE MARKETING
(REGULATION AND DEVELOPMENT) (SECOND AMENDMENT) ACT, 2013 AS
UNCONSTITUTIONAL AND VOILATIVE OF ARTICLES 19 (g), 21 AND 14 OF
THE CONSTITUTION OF INDIA AND ETC.

WP NO.204979/2014:

BETWEEN:

SHRI SUREKANTH PEDI
S/O RAJANNA PEDI
AGED ABOUT 50 YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO: 8-1374 APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS
90

(SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT
OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND 72(3) THE INTRODUCTION OF SUB SECTION (4) IN
SECTION 72 DATED: 04.01.2014 VIDE NOTIFICATION NO:SUMVYA SHA E
41 SHASHANA 2013, BANGALORE (ANNEXURE-C) AND THE
INTRODUCTION OF RULE 76-A VIDE NOTIFICATION DATED: 17.02.2014 IN
NO:CO 215 MRE2013 (P1), BANGALORE (ANNEXURE-D) AND ALSO THE
NOTICE DATED 17.05.2014 IN NO.KRUMAE/KRUMASA/GU/NIYAVI/
296/2014-15 (ANNEXURE-B) ARE UNCONSTITUTIONAL AND INVALID.

WP NO.204962/2014:

BETWEEN:

SHRI JAGANATH ANAKAL
S/O DULAPPA ANAKAL
AGED ABOUT ... YEARS
RESIDING AT NEHRU GUNJ
AND CARRYING ON BUSINESS AT
SHOP NO: ..... APMC YARD
GULBARGA
...PETITIONER

(BY SRI SREEVATSA, SR. COUNSEL FOR
V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
91

2. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
GULBARGA - 585 401
REPRESENTED BY ITS SECRETARY

3. RASHTRIYA E-MARKET SERVICES
PRIVATE LIMITED
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS
MANAGING DIRECTOR
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2,
SRI AMARESH S. ROJA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN APPROPRIATE
WRIT OR ORDER HOLD THAT THE DELETION OF THE WORD 'TRADER' IN
SECTION 72(1) AND IN 72(ii) (3) THE INTRODUCTION OF SUB SECTION (4)
IN SECTION 72 VIDE ANNEXURE-C DATED: 04.01.2014 NO:SUMVYASHA E
41 SHASHANA 2013, BANGALORE AND THE INTRODUCTION OF RULE 76-A
FOUND AT ANNEXURE:D DATED: 17.02.2014 VIDE NOTIFICATION NO:CO
215 MRE2013 (P1), BANGALORE DATED: 17.2.2014 HOLD THAT
UNCONSTITUTIONAL AND INVALID.

WP NOS.204107-126/2017:

BETWEEN:

1. SRI DINESH
S/O PRAKASHCHAND JAIN
AGED ABOUT 42 YEARS
OCC: BUSINESS
R/AT SHOP NO.53
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR
92

2. SRI MAIPHALREDDY GOUDER
S/O HANMANTHRAYA GOUDER
AGED ABOUT 45 YEARS
OCC: BUSINESS
R/AT SHOP NO.172
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

3. SRI VIKRAM
S/O SHANTESHWAR SHAJANSHETTY
AGED ABOUT 28 YEARS
OCC: BUSINESS
R/AT SHOP NO.23
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

4. SRI JEETENDRA KUMAR
S/O AMICHANDJI BHANDARI
AGED ABOUT 43 YEARS
OCC: BUSINESS
R/AT SHOP NO.21
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

5. SMT. SUMANGALA DEVI
W/O SHIVASHARNAPPA KALBURGI
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/AT SHOP NO.151
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

6. SRI NANMAL
S/O AMICHANDJI BHANDARI
AGED ABOUT 65 YEARS
OCC: BUSINESS
R/AT SHOP NO.114
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

7. SRI PUKHRAJ
S/O HANSRAJ JAIN
AGED ABOUT 78 YEARS
OCC: BUSINESS
R/AT SHOP NO.7
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR
93

8. SRI JAMBU KUMAR
S/O CHOTMAL GANDHI
AGED ABOUT 56 YEARS
OCC: BUSINESS
R/AT SHOP NO.178
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

9. SMT. MANJUBAI
W/O JAMBU KUMR GANDHI
AGED ABOUT 54 YEARS
OCC: BUSINESS
R/AT SHOP NO.178/A
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

10. SRI FAIZAL MUBBEN GORI
AGED ABOUT 47 YEARS
OCC: BUSINESS
R/AT SHOP NO.144
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

11. SRI KANTILAL
S/O LALCHAND DHOKA
AGED ABOUT 50 YEARS
OCC: BUSINESS
R/AT SHOP NO.3
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

12. SRI RAJENDRA KUMAR
S/O SHANTILAL
AGED ABOUT 52 YEARS
OCC: BUSINESS
R/AT SHOP NO.48
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

13. SRI MALLIKARJUN
S/O VASUDEV KATTA
AGED ABOUT 39 YEARS
OCC: BUSINESS
R/AT SHOP NO.26
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

14. SRI MADHAVAPPA
94

S/O CHANBASAPPA VATTI
AGED ABOUT 72 YEARS
OCC: BUSINESS
R/AT SHOP NO.84
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

15. SRI MALLIKARJUN GOUDAREDDY
S/O SHANKRAPPA GOUDA
AGED ABOUT 59 YEARS
OCC: BUSINESS
R/AT SHOP NO.137
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

16. SRI RACHAPPA
S/O SIDRAMAPPA
AGED ABOUT 50 YEARS
OCC: BUSINESS
R/AT SHOP NO.154
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

17. SMT. PUSHPA
W/O RAJU B. PATIL
AGED ABOUT 28 YEARS
OCC: BUSINESS
R/AT SHOP NO.12
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

18. SRI RACHAYYA SWAMY
S/O SHARNBASAPPA
AGED ABOUT 45 YEARS
OCC: BUSINESS
R/AT SHOP NO.13
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

19. SRI JAGDISH
S/O CHANDRASHEKHAR SAJJAN
AGED ABOUT 47 YEARS
OCC: BUSINESS
R/AT SHOP NO.50
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

20. SRI BASAWARAJAPPA
S/O SUGANNA ARALLI
95

AGED ABOUT 42 YEARS
OCC: BUSINESS
R/AT SHOP NO.156
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR
...PETITIONERS

(BY SRI SREEVATSA, SR COUNSEL FOR
SRI V.K. NAYAK, ADVOCATE)

AND:

1. DEPARTMENT OF PARLIAMENTARY
AFFAIRS AND LEGISLATURE
THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY (I/C)

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOR, RAJBHAVAN ROAD
BANGALORE - 560 001

3. THE ASSISTANT DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
YADGIR - 585 201
DISTRICT: KALABURAGI

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
YADGIR - 585 201
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E-MARKET SERVICE PVT LTD.,
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD, 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

6. DEPUTY SECRETARY
GOVERNMENT OF KARNATAKA
CO-OPERATIVE DEPARTMENT
VIDHAN SOUHDA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
...RESPONDENTS
96

(BY SRI R.V. NADAGOUDA, AAG FOR
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4,
SRI AMARESH S. ROJA, ADVOCATE FOR R5)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN
APPROPRIATE WRIT OF CERTIORARI TO QUASH OR ORDER HOLD THAT
THE AMENDMENT DATED: 04.01.2014 BEARING NO. ¸ÀªÀÅ±ÁE41±Á¸À£À 2013 OF
SECTION 72 FOUND AT ANNEXURE-B, PASSED BY 1ST RESPONDENT AND
ALSO RULE 76-A OF THE ACT BEARING NO:CO 215 MRE 2013(P1) DATED:
17.02.2014 PASSED BY THE 6TH RESPONDENT VIDE ANNEXURE-B1 AND
ALSO RULES ARE UNCONSTITUTIONAL AND ULTRA VIRES ARTICLES 19(1)
(g), ARTICLE 14, ARTICLE 300A AND ARTICLE 21 OF THE CONSTITUTION
OF INDIA AND ETC.

WP NOS.204087-106/2017:

BETWEEN:

1. SRI VIKRAM
S/O PARASMAL JAIN
AGED ABOUT 41 YEARS
OCC: BUSINESS
R/AT SHOP NO:58
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

2. SRI MOHANREDDY
S/O CHANNAREDDY
AGED ABOUT 21 YEARS
OCC: BUSINESS
R/AT SHOP NO:169
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

3. SRI MALLIKARJUN GOUDA
S/O BASAWARAJAPPA GOUDA
AGED ABOUT 46 YEARS
OCC: BUSINESS
R/AT SHOP NO:175
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

4. SRI PARESH ASHAR
S/O ARVIND KUMAR ASHAR
AGED ABOUT 36 YEARS
97

OCC: BUSINESS
R/AT SHOP NO: 13/D
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

5. SRI ARVIND BHAI
S/O KESHAVJI BHAI ASHAR
AGED ABOUT 60 YEARS
OCC: BUSINESS
R/AT SHOP NO: 13/B
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

6. SRI HANMANTH
S/O MARRAPPA SURPUR
AGED ABOUT 45 YEARS
OCC: BUSINESS
R/AT SHOP NO:41
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

7. SRI EARANNA
S/O SIDDAPPA JOGUR
AGED ABOUT 58 YEARS
OCC: BUSINESS
R/AT SHOP NO:126
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

8. SRI CHANDRAKANT
S/O DANDAPPA KEDUCHUR
AGED ABOUT 60 YEARS
OCC: BUSINESS
R/AT SHOP NO:31
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

9. SRI KHAJA HUSUNUDDIN
S/O KHAJA MOINUDDIN
AGED ABOUT 42 YEARS
OCC: BUSINESS
R/AT SHOP NO:5
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

10. SMT. ANITA
W/O ASHOK CHANDARKI
AGED ABOUT 36 YEARS
OCC: BUSINESS
98

R/AT SHOP NO:83
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

11. SRI SHANTAPPA SHANSHETTY
S/O BASSANNA SHANSHETTY
AGED ABOUT 48 YEARS
OCC: BUSINESS
R/AT SHOP NO:178
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

12. SRI BASAWARAJAPPA
S/O SHANKRAPPA
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/AT SHOP NO:130
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

13. SRI HANMANTHREDDY
S/O SHARNAPPA GOUDA
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/AT SHOP NO: 7
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

14. SRI BASAWARAJ
S/O AMARNGOUDA
AGED ABOUT 53 YEARS
OCC: BUSINESS
R/AT SHOP NO: 41
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

15. SRI BASAWARAJAPPA GOUDA
S/O SHARNAPPA GOUDA
AGED ABOUT 50 YEARS
OCC: BUSINESS
R/AT SHOP NO: 9
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

16. SRI RAVINDRA
S/O VIRBHADRAPPA JAKA
AGED ABOUT 48 YEARS
OCC: BUSINESS
99

R/AT SHOP NO: 55
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

17. SRI SHIVARJ
S/O BHIMSHANKRAPPA PATIL
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/AT SHOP NO:145
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

18. SRI ASHOK
S/O SANGANNA SANKNOOR
AGED ABOUT 28 YEARS
OCC: BUSINESS
R/AT SHOP NO: 98/3
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

19. SRI VARDHAMAN
S/O HAKMICHAND SOLANKI
AGED ABOUT 37 YEARS
OCC: BUSINESS
R/AT SHOP NO: 71/B
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

20. SRI JAGADISH PATIL
S/O SOMASHAKER PATIL
AGED ABOUT 36 YEARS
OCC: BUSINESS
R/AT SHOP NO: 60
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR
...PETITIONERS

(BY SRI SREEVATSA, SR COUNSEL FOR
SRI V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF PARLIAMENTARY
AFFAIRS AND LEGISLATURE
100

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOR, RAJBHAVAN ROAD
BANGALORE - 560 001

3. THE ASSISTANT DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
YADGIR - 584 101
DISTRICT: KALABURAGI

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
YADGIR - 584 101
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E-MARKET SERVICES PVT LTD.,
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

6. THE DEPUTY SECRETARY
GOVERNMENT OF KARNATAKA
CO-OPERATIVE DEPARTMENT
VIDHAN SOUHDA
DR. AMBEDKAR VEEDHI
BENGALURU - 506 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4,
SRI AMARESH S. ROJA, ADVOCATE FOR R5)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF AN
APPROPRIATE WRIT OF CERTIORARI OR ORDER HOLD THAT THE
AMENDMENT DATED: 04.01.2014 BEARING NO. ¸ÀASÉÅB¸ÀAªÀÄÅ±ÁE41±Á¸À£À 2013,

¨ÉAUÀ¼ÀÆgÀÄ OF SECTION 72 FOUND AT ANNEXURE-B, AND ALSO AMENDMENT

DATED 17.02.2014 BEARING NO: CO 215 MRE 2013(P1) OF RULE 76-A OF
THE ACT ANNEXURE B1 AND RULES ARE UNCONSTITUTIONAL AND
101

ULTRA VIRES ARTICLES 19(1) (g), ARTICLE 14, ARTICLE 300A AND
ARTICLE 21 OF THE CONSTITUTION OF INDIA AND ETC.

WP NOS.204067-086/2017:

BETWEEN:

1. M/S YASH TRADERS
REPRESENTED BY ITS
PROPRIETOR
SRI DINES KUMAR
S/O PRAKASHCHAND JAIN
AGED ABOUT 42 YEARS
OCC: BUSINESS
R/AT SHOP NO:54
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

2. SRI BHAWRILAL
S/O PUCHARJ DOKHA
AGED ABOUT 60 YEARS
OCC: BUSINESS
R/AT SHOP NO:54
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

3. M/S. SHRI PUSPUL MARVTI TRADER
REP BY ITS PROPRIETOR
SRI MARENNA
S/O YALLAYYA PASPUL
AGED ABOUT 40 YEARS
OCC: BUSINESS
R/AT SHOP NO:10
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

4. SRI NEMI KUMAR
S/O PHALCHAND GANDHI
AGED ABOUT 54 YEARS
OCC: BUSINESS
R/AT SHOP NO:40
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

5. SRI MAHAVEER
S/O PULCHAND GANDHI
AGED ABOUT 40 YEARS
102

OCC: BUSINESS
R/AT SHOP NO:540
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

6. SRI PALGUDI
S/O PULCHAND GANDHI
AGED ABOUT 43 YEARS
OCC: BUSINESS
R/AT SHOP NO:43
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

7. SRI BHAWARLAL
S/O RIKASCHAND JAIN
AGED ABOUT 42 YEARS
OCC: BUSINESS
R/AT SHOP NO:183
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

8. SRI BHARAT KUMAR
S/O SHANKARLAL BHANNSILAL
AGED ABOUT 53 YEARS
OCC: BUSINESS
R/AT SHOP NO:20
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

9. SRI PANDURANG VAYAS
S/O CHUNNILAL VAYAS
PROP: M/S. NANDISHWARE TRADING CO
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/AT SHOP NO:4
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

10. SRI BHADRINARYAN
S/O BRIJMOHAN VAYAR
PARTNER SRI VENKATEWAR INDUSTRIES
AGED ABOUT 43 YEARS
OCC: BUSINESS
R/AT SHOP NO:19
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

11. SRI NANDALAL
S/O CHUNNILA VYAS
103

AGED ABOUT 77 YEARS
OCC: BUSINESS
R/AT SHOP NO:20
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

12. SRI SIDDAPPE GOUDA
S/O SANGAREDDY GOUDA
M/S BANADESHWAR KRUPA TRADING CO.
AGED ABOUT 39 YEARS
OCC: BUSINESS
R/AT SHOP NO:20
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

13. SRI KAMAL KISHORE
S/O PURANMAL PALIK
AGED ABOUT 43 YEARS
OCC: BUSINESS
R/AT SHOP NO:20
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

14. SRI ASHOK KUMAR
S/O BHURMAL GANDHI
AGED ABOUT 53 YEARS
OCC: BUSINESS
R/AT SHOP NO:158
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

15. SRI KUNDHALAL
S/O CHUNNILAL GANDHI
AGED ABOUT 75 YEARS
OCC: BUSINESS
R/AT SHOP NO:8
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

16. SRI DASHANA
W/O AMIT KUMAR
AGED ABOUT 33 YEARS
OCC: BUSINESS
R/AT SHOP NO:186/B
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

17. SRI AMIT KUMAR P ASHAR
S/O PRAVEEN KUMAR ASHAR
104

AGED ABOUT 40 YEARS
OCC: BUSINESS
R/AT SHOP NO:186
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

18. SRI MALLIKARJUN
S/O BASSANGOUDA POLICEPATIL
AGED ABOUT 39 YEARS
OCC: BUSINESS
R/AT SHOP NO:139
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

19. SRI RAJESH
S/O PARASMAL JAIN
AGED ABOUT 46 YEARS
OCC: BUSINESS
R/AT SHOP NO:142
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

20. SRI MANGILAL
S/O DHARMCHANDJI GHANDI
AGED ABOUT 53 YEARS
OCC: BUSINESS
R/AT SHOP NO:19
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR
...PETITIONERS

(BY SRI SREEVATSA, SR COUNSEL FOR
SRI V.K. NAYAK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF PARLIAMENTARY
AFFAIRS AND LEGISLATURE

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOR, RAJBHAVAN ROAD
BANGALORE -N - 560 001
105

3. THE ASSISTANT DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
YADGIR - 585 201
DISTRICT: YADGIR

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
YADGIR - 585 201
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E-MARKET SERVICE PVT LTD.,
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

6. DEPUTY SECRETARY
GOVERNMENT OF KARNATAKA
CO-OPERATIVE DEPARTMENT
VIDHAN SOUHDA
DR. AMBEDKAR VEEDHI
BENGALURU - 506 001
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4,
SRI AMARESH S. ROJA, ADVOCATE FOR R5)

ANNEXURE-B, PASSED BY 1ST RESPONDENT AND ALSO RULE 76-A OF
THE ACT BEARING NO:CO 215 MRE 2013 (P1) DATED: 17.02.2014 VIDE
ANNEXURE-B1 PASSED BY 6TH RESPONDENT AND ALSO RULES ARE
UNCONSTITUTIONAL AND ULTRA VIRES ARTICLES 19(1) (g), ARTICLES 14,
ARTICLE 300A AND ARTICLE 21 OF THE CONSTITUTION OF INDIA AND
ETC.
106

WP NOS.204037-066/2017 & 205966/2017:

BETWEEN:

1. SRI SUGREDDY
S/O SANGAREDDY
AGED ABOUT 49 YEARS
OCC: BUSINESS
R/AT SHOP NO: 8
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

2. SRI AMIN REDDY
S/O NANDANGOUDA
AGED ABOUT 75 YEARS
OCC: BUSINESS
R/AT SHOP NO:121
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

3. SRI SHATLINGESHWAR
S/O JAMBANNA MAJANSHETTY
AGED ABOUT 50 YEARS
OCC: BUSINESS
R/AT SHOP NO:65
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

4. SRI BASAWARAJ
S/O VEERANNA RAKA
(SHAMBULINGAPPA
S/O BASSAPPA PATIL)
AGED ABOUT 36 YEARS
OCC: BUSINESS
R/AT SHOP NO:56
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

5. SRI MALLANNA
S/O EARANNA MUNDARGI
AGED ABOUT 50 YEARS
OCC: BUSINESS
R/AT SHOP NO:134
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

6. SRI MADHAVAPPA
S/O SHARNAPPA
AGED ABOUT 57 YEARS
107

OCC: BUSINESS
R/AT SHOP NO: 196
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

7. SRI SHARNREDDY BIRAL
S/O AMINREDDY
AGED ABOUT 37 YEARS
OCC: BUSINESS
R/AT SHOP NO:33
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

8. SRI CHANNAIYA SWAMY
S/O SHARNAIYYA SWAMY
AGED ABOUT 66 YEARS
OCC: BUSINESS
R/AT SHOP NO:57
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

9. SRI BASAVANTHREDDY
S/O SHARNAPPA GOUDA MALHAR
AGED ABOUT 38 YEARS
OCC: BUSINESS
R/AT SHOP NO:3
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

10. SRI JADISHWARAIYYA
S/O GURUSHANTHAIYYA
AGED ABOUT 60 YEARS
OCC: BUSINESS
R/AT SHOP NO:29
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

11. SRI RAVISHANKAR
S/O CHANDRASHAKRAPPA
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/AT SHOP NO:24
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

12. SRI SIDRAMREDDY MALHAR
S/O DIDDANGOUDA
AGED ABOUT 61 YEARS
OCC: BUSINESS
108

R/AT SHOP NO: 28
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

13. SRI SURESH
S/O SHARNAPPA JAKA
AGED ABOUT 32 YEARS
OCC: BUSINESS
R/AT SHOP NO: 3
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

14. SRI PARMANDREDDY GOUDA
S/O CHANDRAREDDY GOUDA
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/AT SHOP NO: 51
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

15. SRI VEERESH PATIL
S/O BASAWARJAPPA GOUDA
AGED ABOUT 50 YEARS
OCC: BUSINESS
R/AT SHOP NO: 52
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

16. SRI VISHWANATH KORISHETTY
S/O BASSANNA
AGED ABOUT 52 YEARS
OCC: BUSINESS
R/AT SHOP NO: 72
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

17. SRI SHIVRAJ
S/O ERANNA
AGED ABOUT 39 YEARS
OCC: BUSINESS
R/AT SHOP NO:136
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

18. SRI VASUDEV
S/O BALLALYYA
AGED ABOUT 47 YEARS
OCC: BUSINESS
R/AT SHOP NO: 62
109

APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

19. SRI VISHWANATH REDDY
S/O SHIVAREPPA REDDY
AGED ABOUT 56 YEARS
OCC: BUSINESS
R/AT SHOP NO: 142
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

20. SRI CHANNEREDDY
S/O BASAVARAJAPPA
AGED ABOUT 42 YEARS
OCC: BUSINESS
R/AT SHOP NO: 6
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

21. SMT. RAMLINGAMMA
S/O AMINREDDY
AGED ABOUT 78 YEARS
OCC: BUSINESS
R/AT SHOP NO: 7
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

22. SMT. VIJAYLAXMI
W/O BASAWARAJ NALWAR
AGED ABOUT 37 YEARS
OCC: BUSINESS
R/AT SHOP NO: 42
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

23. SRI MAHIPALREDDY
S/O CHANDRAREDDY
AGED ABOUT 38 YEARS
OCC: BUSINESS
R/AT SHOP NO: 37
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

24. SRI JAGANATH REDDY MALIPATIL
S/O RAMREDDY
AGED ABOUT 60 YEARS
OCC: BUSINESS
R/AT SHOP NO: 110
110

APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

25. SRI SUGRESH MALIPATIL
S/O BASAVANTRAYA GOUDA
AGED ABOUT 37 YEARS
OCC: BUSINESS
R/AT SHOP NO: 111
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

26. SRI VENKATREDDY
S/O BASANNA
AGED ABOUT 38 YEARS
OCC: BUSINESS
R/AT SHOP NO: 158
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

27. SRI MD. NISHAR AHMED
S/O ASHDUL ROUAF
AGED ABOUT 29 YEARS
OCC: BUSINESS
R/AT SHOP NO: 112
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

28. SRI MALLAREDDY
CHANNAREDDY
AGED ABOUT 36 YEARS
OCC: BUSINESS
R/AT SHOP NO: 52
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

29. SRI SIDDANNA
S/O JAMBANNA
AGED ABOUT 57 YEARS
OCC: BUSINESS
R/AT SHOP NO: 74
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

30. SRI NARENDRA
S/O CHOTMAL GANDHI
AGED ABOUT 45 YEARS
OCC: BUSINESS
R/AT SHOP NO: 38
111

APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR

31. SRI MALLANNA VADDAGI
S/O SIDDANNA VADDAGI
AGED ABOUT 65 YEARS
OCC: BUSINESS
R/AT SHOP NO: 152
APMC YARD, YADGIR
TQ: YADGIR, DIST: YADGIR
...PETITIONERS

(BY SRI SREEVATSA, SR COUNSEL FOR
SRI V.K. NAYAK, ADVOCATE)

AND:

1. DEPARTMENT OF PARLIAMENTARY
AFFAIRS AND LEGISLATION
THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY

2. THE DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
2ND FLOOR, RAJBHAVAN ROAD
BANGALORE -N - 560 001

3. THE ASSISTANT DIRECTOR
AGRICULTURAL MARKETING DEPARTMENT
YADGIR DISTRICT: YADGIR - 585 201

4. THE AGRICULTURAL PRODUCE
MARKETING COMMITTEE
YADGIR - 585 201
REPRESENTED BY ITS SECRETARY

5. RASHTRIYA E MARKET SERVICE PVT LTD.,
NO.16, KARNATAKA STATE AGRICULTURAL
MARKETING BOARD 2ND FLOOR
RAJ BHAVAN ROAD
BANGALORE - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR

7. GOVERNMENT OF KARNATAKA
CO-OPERATIVE DEPARTMENT
VIDHANA SOUDHA
112

DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REP. BY DEPUTY SECRETARY
...RESPONDENTS

(BY SRI R.V. NADAGOUDA, AAG A/W
SRI SHIVAPUTRA S. UDBALKAR, HCGP FOR R1;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R2 TO R4,
SRI AMARESH S. ROJA, ADVOCATE FOR R5)

ANNEXURE-B, PASSED BY 1ST RESPONDENT AND ALSO RULE 76-A OF
THE ACT BEARING NO:CO 215 MRE 2013 (P1) DATED: 17.02.2014 PASSED
BY THE 6TH RESPONDENT VIDE ANNEXURE-B1 AND ALSO RULES ARE
UNCONSTITUTIONAL AND ULTRA VIRES ARTICLES 19(1) (g), ARTICLES 14,
ARTICLE 300A AND ARTICLE 21 OF THE CONSTITUTION OF INDIA AND
ETC.

THESE PETITIONS HAVING BEEN HEARD, RESERVED ON
31.08.2017 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Since common issues are involved in these matters, the same are clubbed together and disposed of by this common order. The petitioners in these batch of matters have challenged the amendment to Section 72(1), 72(3) and the insertion of sub-section 4 in Section 72 of the 113 Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 ('the Act' for short) and the insertion of Rule 76-A of the Agricultural Produce Marketing (Regulation and Development) Rules, 1968 ('the Rules' for short) vide notification dated 17.2.2014 and the consequential notices issued thereof.

2. The petitioners, the holders of composite licence issued by 2nd respondent under Rule 76(4) of the Rules to carry on business as Trader, Commission Agent, Exporter, Importer and stockist, are before this Court challenging the amendments aforesaid as ultra-vires the Constitution of India.

3. The learned senior counsel Sri S. Sreevatsa representing Sri Vishwakarmaraj Nayak for the petitioners contended that the petitioners being the holder of a valid licence as 'trader' valid upto 2018-19, by the present amendment is completely erased from existence in Section 114 72 (1) and 72(3) without their licence having been terminated in a manner known to law.

4. The Amendment carried to Section 72 (1), (2) and (3) of the Act omitting the term "Trader" would affect the licencees in as much as grant or renewal of the licences by the Market Committee for the use of any place in the market area for the sale of the notified agricultural produce.

5. Insertion of sub-section (4) to Section 72 of the Act mandates the existing licencee to obtain a fresh trader licence within a period of six months from the date of commencement of the Amended Act, 2013. The said amendments are ultra-vires the constitutional guarantees and ex-facie discriminatory and imposing unreasonable restrictions upon the petitioners' rights under Article 19(1)(g) of the Constitution.

115

6. It was vehemently argued that exercise of the powers under Section 72(4) in establishing Respondent No.3 as the Direct Purchase Center gives monopoly in favour of a private party, which does not have the protection of Article 19(6)(ii). The law cannot be used by the State for the benefit of a private person/body and in any arrangement in which under the guise of a monopoly, the State is permitted to enable a private party to make profit for themselves by carrying on business to the total exclusion of others is violative of Fundamental Rights.

7. The State has sought to canalise and create a monopoly with respect to trading in agricultural produce in favour of NSPOT, a private party, who are not the agents of the Government but are also authorised to carry on trade on their own account. Even in exercise of contractual powers of the State, the principles of Article 14 have to be followed to prevent arbitrariness or favouritism, which is conspicuously absent in the present case. 116

8. It was further argued that the accrued and vested rights of the petitioners' licencees cannot be taken away by way of an Amendment contrary to the provisions of the Act and Rules. It was contended that the petitioners' licencees who had been given licences for trading, had a legitimate expectation that the proprietary rights that had already enured in their favour would continue, the sudden deprivation of a long term subsisting licence without any statutory provision for cancellation of the same under Section 72(4) of the Act goes to the very root of the propriety and constitutionality of the Amendment.

9. By the present omissions and insertions in Section 72 of the Act by way of an Amendment, the contract between the petitioners and the Respondent No.2 is sought to be re-written, which is illegal and ultra-vires the Act. It was argued that the Amendment to Rule 76-A compels persons like petitioner to virtually surrender their existing trader licence and obtain a fresh licence following 117 due procedure prescribed therein. The imposition of the said Rule and the correspondent form is only to wipe out the petitioners and ensure that the Respondent No.3, which is a large corporate entity, creates a monopoly, which is violative of Article 14 , 19(1)(g) of the Constitution of India.

10. It was further argued that the notices issued by the Authorities in pursuant to the Amendments to Section 72 is unjustifiable.

11. Reliance was placed on the following Judgments:-

(1) Rashbihari Panda etc, Vs State of Orissa - (1969) 1 SCC 414 (2) Association of Registration Plates Vs Union of India and others - (2004) 5 SCC 364.

12. The State Government has refuted the contentions of the petitioners by filing statement of objections. Learned Additional Advocate General argued that the Government of Karnataka constituted a Committee to develop a comprehensive road map for reforms in 118 agriculture marketing. The Committee after considering all the relevant aspects has made recommendations and thereafter adopted Karnataka Agricultural Marketing Policy 2013 vide order dated 04.09.2013.

13. Amongst others, one of the objectives of the said policy is reduction in and/or elimination of barriers to participation in markets to foster competition and efficient determination of price, linking the primary market in the State to the national market for the benefit of all stakeholders in the marketing chain.

14. It was initiated as an immediate measure, simplifying the licencing procedures with a single unified licence applicable for participants.

15. Conditions for restrict participation would be removed to increase competition in the auction of the agricultural produce.

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16. Administrative processes with regard to licence would be simplified and automated for improved efficiency.

17. With these objects the policy was made to implement the policy amongst others, amendment bill No.11/2013 was introduced. The main objects and the reasons in the amendment bill is to the effect that the Government considers it necessary to carry out certain reforms in the Agricultural Marketing Sector with a view to provide expanded market access to the farmers and provide for improved marketing processes for greater transparency and avoiding delay in payment to farmers. Thereafter, the Amendment Act was given effect to.

18. Learned counsel contended that the 3rd Respondent is only a service provider to all the markets and is not a participant in the market. The policy of the Government is to increase competition and provide for equitable returns to all stakeholders in the marketing system. The policy aims at increasing transparency in the 120 operations of the market for the benefit of all. It is an electronic platform for the farmers and the stakeholders to carry on the e-market trade.

19. According to the learned counsel, Government vide order dated 06.11.2013 decided to set up a Special Purpose Vehicle in partnership with NSPOT, namely, NCDEX Spot Exchange Limited. The said Government order provided for an Empowered Committee to finalise a shareholder agreement to be concluded between Government and NSPOT on 23.12.2013.

20. For the incorporation of the Special Purpose Vehicle, Government vide order dated 06.01.2014 approved the name Rashtriya e-Market Services Private Limited as the name of the Special Purpose Vehicle and also approved other requirements for incorporation of a Company. Accordingly, the company was incorporated in Karnataka on 20.01.2014 and the Registrar of Companies in Karnataka has issued a certificate of incorporation for the 121 Company. Government of Karnataka and NSPOT have both contributed equally (50% each) towards share capital of the Company. The Chief Secretary to the Government of Karnataka is the Chairman of the Company. The Company is enjoined to support existing markets, operate with cutting edge technology and be constantly adapting itself to international practices, blending public interest with the initiative of a private enterprise.

21. Further, it was contended that the constitutional validity of a provision can be challenged only on two grounds, namely (1) lack of legislative competency and (2) violation of any of the Fundamental Rights guarantied in part-3 of the Constitution or of any other constitutional provisions, to substantiate the same, the learned counsel placed reliance on the Judgment of the Hon'ble Apex Court in the case of Greater Bombay Co- operative Bank Ltd Vs. United Yarn Tex (P) Ltd and Others - (2007) 6 SCC 236. In the absence of these 122 essential factors, challenge made to the Amendment Act is perse illegal.

22. Sri R.V.Nadagouda, Additional Advocate General further submitted that the challenge made to the Amendment Act deserves to be negated in the light of the order of this Court in Writ Petition Nos.38452-454/2014 (D.D.23.11.2016) wherein, the amendment challenged herein is held to be intra-vires, negating the arguments canvassed by the petitioners therein.

23. Accordingly, the subject matter involved in this writ petition being squarely covered by the Judgment of this Court, no further adjudication is required.

24. The learned counsel submitted that the amendment brought to Section 72 of the Act would necessarily assist the farmers or stakeholders to participate in the trade in a more efficient manner removing the barrier of market yards. It was argued that the Amendment Act 123 would simplify the trade procedure in a market area, no requirement of furnishing the documents is applicable to a licencee carrying on trade at the time of the commencement of the Amendment Act. What is required is to get a fresh licence. To enable the licencee to trade in a larger area, online market provided under the Act brings transparency and facilitates the stakeholders/farmers to trade with better competition, no monopoly is created against Respondent No.3-Company to trade in the agricultural produces. It is only the platform created by the Respondent No.1 to facilitate the traders/farmers to carry on trade with a better opportunities and facilities. No Fundamental Rights of the citizen more particularly the traders-licencees are violated.

25. Respondent No.2-Committee has filed the statement of objections denying the contention of the petitioner inasmuch as petitioners/traders are ousted from carrying on their trading activity in terms of the licence 124 granted to them. It is stated that by amendment to Section 72 of Act, the power of granting of license to trader has now been given to the Director of Agricultural Marketing or an Officer as authorised by him. The Amendment to Section 72 of the Act simplifies the licencing procedure and existing licencee were instructed to obtain a fresh trade licence, within a period of six months from the date of amendment. While delegating the power of issuing unified licence to Assistant/Deputy Directors in the District, instructions were issued to the APMCs to refund the licence fee to traders for the remaining period of licence granted earlier, the procedure by which the traders may obtain a unified licence by submitting an application in the prescribed form along with documents prescribed therein. The Secretary of every APMC has been instructed to prepare statement of trader licences so converted along with the details of remaining period of validity of the licence and deposit a cheque/DD for the remaining period of licence with the concerned Assistant/Deputy Director of the District for 125 necessary action. By these instructions, the requirement for an existing licencee to submit the other documents required under the Rules were dispensed with as the credentials of the licencee had already been vetted by the concerned APMC while granting the original licence.

26. Learned counsel Sri Amresh S. Roja appearing for Respondent No.3 - Company submitted that no relief is sought against the said respondent, except making vague allegations. Hence, all the Writ Petitions are not maintainable against the said respondent. Inviting the attention of the Court to Chapter 11 of the Agricultural Marketing Reforms Committee Report 2013, contended that summary of recommendations indicate interim arrangements for amending Section 72 of the Act to issue a licence to be a market participant without insisting upon having a local address and issue a licence based on bank guarantee and issuing single licence to trade across the State, amending Section 65 of the Act for rationalizing the market fee in line with these recommendations. 126

27. Learned counsel Sri Amresh S. Roja appearing for respondent No.3 filing the statement of objections denied the allegations made in the writ petition inasmuch as creating monopoly against this respondent excluding the farmers/traders. Similar submissions are made by the learned counsel, as that of the arguments submitted by the learned counsel for respondent Nos.1 and 2. It was submitted that the 3rd respondent has set up electronic plat form in different parts of the state and implemented the Karnataka Agricultural Marketing Policy 2013 and received good response and succeeded in bringing transparency in the market.

28. APMCs Tiptur, Arasikere and Tumkur were initially notified under Rule 91-O for Copra and APMC Chamarajanagara for turmeric. The services provided to this respondent to markets, including providing the electronic platform for price discovery has yielded good 127 results and has been opted by many APMCs in the State without any murmur.

29. It is to achieve the objects set out in the Karnataka Agricultural Marketing Policy 2013, a special purpose vehicle in partnership with NSPOT, namely, NCDEX Spot Exchange Limited was set up. The Empowered Committee approved the shareholder agreement, which was concluded between Government and NSPOT on 23.12.2013. After other arrangement were completed for the incorporation of a Special Purpose Vehicle, the name Rashtriya e-Market Services Private Limited as the name of the Special Purpose Vehicle was finalised and also approved. Accordingly, the company was incorporated in Karnataka on 20.01.2014 and registered with the Registrar of Companies in Karnataka. Government of Karnataka and NSPOT have both contributed equally (50% each) towards share capital of the Company. Thus, it 128 is submitted that the petitioners have not made out any grounds for the relief sought in the writ petition.

30. Adverting to the arguments advanced by the learned counsel appearing for the parties, the question that arise for consideration is, Whether the amendment to Sections 72(1), 72(3) and the insertion of sub-section (4) to Section 72 of the Act and the insertion of Rule 76-A of the Rules are ultra-vires the Constitution of India?

31. It is pertinent to refer to the relevant provisions of the Act.

32. Section 2(48) of the Act defines Trader as under:

"(48) "Trader" means a person who buys notified agricultural produce either for himself or as agent of one or more persons for the purpose of selling, processing, manufacturing or for any other purpose, except for the purpose of domestic consumption."

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33. Section 72 of the Act deals with grant of licences. In Sections 72(1), 72(2) and 72(3), the word "trader" was omitted by Act No.5 of 2014 with effect from 4- 1-2014. Sub-section (4) was inserted by Act No.5 of 2014 with effect from 4-1-2014 which reads thus:

"(4) The Director of Agricultural Marketing or the Officer authorised by him may grant a trader license in such manner and in such form as may be prescribed to operate as trader in any of Agricultural Produce Marketing Committee yards/private markets in the State. The existing licensee shall obtain a fresh trader licence within a period of six months from the date of commencement of the Karnataka Agricultural Produce Marketing (Regulation and Development( (Second Amendment) Act, 2013."

34. Insertion of this Sub-section (4) to Section 72 of the Act was challenged in Writ Petition Nos.38452- 454/2014 and this Court, by an order dated 23.11.2016, upheld the constitutional validity of the said provision. In the light of the said judgment, it can be held that insertion 130 of Sub-section (4) to Section 72 of the Act is intra-vires the Constitution. However, in the present set of petitions, in addition to the insertion of Sub-section (4) to Section 72 of the Act, the petitioners have challenged the amendment effected to Sections 72(1) and 72(3) of the Act in omitting the word 'trader' coupled with the introduction of Rule 76-A of the Rules vide notification dated 17.02.2014 issued by the Government of Karnataka - respondent No.1.

35. The main grounds of challenge are that monopoly created in favour of a private partner-respondent No.3, parting the pre-existing rights of the traders, re-writing the contract, which is wholly unconstitutional and secondly the licences issued to the traders/petitioners being valid as on date; existing licence not been cancelled; insisting for fresh licence by inserting Sub-section (4) to Section 72 of the Act is unjustifiable. The fulcrum of dispute mainly revolves on these points.

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36. To analyze whether there is any parting of pre- existing rights of the traders to a private partner, it is essential to examine the rights and powers of the private partner-respondent No.3, a company floated to implement the agricultural marketing policy. The Government order dated 06.01.2014 indicates that a committee was constituted to suggest reforms in the agricultural marketing sector and identification of necessary interventions by harnessing the advances made in the field of information technology to establish networked markets. It appears, Government considered the report of the committee and vide order dated 4.9.2013 had adopted a policy for agricultural marketing in the state to create a market structure that amongst others, is transparent and equitable, distinguishes quality and variety, disseminates relevant market information to all market participants, fosters competition in buying for efficient determination of price, links markets in the state to national markets, adopts and leverages technology at all levels for efficient 132 operations and provides access to institutional finance to all market participants.

37. It is in order to implement the Agricultural Marketing Policy and bring into effect the reform measures outlined, the Government vide order dated 06.11.2013 has set up a Special Purpose Vehicle, with the NCDEX Spot Exchange Limited (NSPOT) as the private partner with an authorised and paid up capital of Rs.10 crores (Rupees Ten crores only). Government and NCDEX Spot Exchange Limited (NSPOT), the private partner shall hold 50% each of the paid up capital of the Special Purpose Vehicle. Government shall subscribe to Rs.5 crores (Rupees Five crores only) as its share in the paid up capital of the private company to be incorporated for the said purpose. Government and NCDEX Spot Exchange Limited have concluded a Shareholder Agreement on 23.12.2013 outlining the roles and obligations of the partners, their responsibilities and all related matters for the successful 133 implementation of reforms in the sector and for the management of the Special Purpose Vehicle.

38. To incorporate the Special Purpose Vehicle as a private limited company under the Companies Act, 2013 officers were authorised to undertake all activities necessary for that purpose in terms of the Government order dated 06.01.2014. As per the said Government order, the name of the private limited company to be incorporated shall be "Rashtriya e-Market Services Private Limited" or such other name as the Registrar of Companies in Karnataka may approve. The officers were authorised to be the first directors of the Special Purpose Vehicle to be incorporated. It is clear that a special purpose vehicle was created to fulfill narrow, specific or temporary objectives. Special Purpose Vehicles are typically used by companies/Government to isolate them from financial risk.

39. In terms of Articles of Association of Rashtriya E-Market Services Private Limited, nominees of 134 Government are normally, the Chief Secretary to the Government, the Secretary to Government in charge of the department of Cooperation (which shall include the Principal Secretary or the Additional Chief Secretary to Government in charge of the department of Cooperation) and the Director of Agricultural Marketing shall be the nominees of the Government on the Board of the Company. For any reason if it is unable to nominate the above officers as Directors, the Government may nominate any of its other officers as a director on the Board in their place by informing the Company in writing.

40. Specific powers given to Board of Directors are enumerated as per sub-clauses (A) to (V) of clause 80 of Memorandum of Association and Articles of Association. Sub-clause (O) and (P) of clause 80 reads thus:

"O) To distribute by way of bonus amongst the staff of the Company a share in the profits of the Company, and to give to any officer or other person employed by the Company a commission on the profits of any particular 135 business or transaction and to charge such bonus or commission as part of the expenses of the Company.

P) To provide for the welfare of employees and working Board of Directors of the Company and their dependants by grant of money, pensions, allowances, bonus, ex-gratia or other payments or by creating and from time to time subscribing or contributing to provident fund gratuity, superannuation fund and by providing or subscribing or contributing towards education, recreation, hospitals and dispensaries, medical and other facilities and attendances."

41. Placing much emphasis on these two clauses, the learned counsel appearing for the petitioners submitted that the Government of Karnataka has executed the Service Level Agreement with the Company Rashtriya E-Market Services Private Limited in order to benefit a private partner, which is against the interest of the traders. The said arguments cannot be countenanced for the reason that in clause 80 of the Articles of Association, where 136 specific powers are given to Board of Directors, clause (A to V) provides different powers. It is a joint venture between the Government of Karnataka and the Company Rashtriya E-Market Services Private Limited.

42. The object and purpose of the Company is,

1. To establish, operate, manage and provide for specialised, advanced and electronic trading platform facilitating trading in all kinds of commodities, goods and services especially agricultural, floricultural, horticultural, forest, dairy, poultry, marine and other agro based produces and products in spot markets and to undertake, provide for, facilitate, assist, regulate and manage dealings in commodities thereof including bidding, broking, spot trading, hedging, auctions, clearing and settlement thereof.

2. To establish, operate, manage and provide for all commodities trading related facilities and services like, quality control, assaying, grading, testing, certification, weighing securing accreditation, processing, storage, cold storage, warehousing, transport, bulk handling of commodities and to provide consultancy and advisory services thereof 137 to various stakeholders including, Governments, APMCs, growers produces, dealers, trades, importers, and exporters in commodities.

3. To establish and develop secondary markets for trading in commodities and facilitate transparent price discovery mechanism for various commodities with an object of ensuring better price to growers, producers and consumers.

43. In addition to the main objects of the Company, incidental or ancillary objects to the attainment of the main objects are provided under clause III(b) of the Memorandum of Association. In order to achieve the objects aforesaid, if any incentive is given to the staff of the Company out of the profits of the Company and a welfare measure is taken to provide for the welfare of employees and working Board of Directors of the Company and their dependants by grant of money, pensions, allowances, bonus, ex-gratis etc., it cannot be construed that it is the monopoly created to a private partner, more particularly when the share of the NCDEX Spot Exchange Limited (NSPOT) and the 138 Government of Karnataka is 50% each. It cannot be said that entire benefit of Respondent No.3 does not enure to the benefit of the State. As monopoly is not created in favour of Respondent No.3, violation of Article 19(6) of the Constitution does not arise.

44. The Karnataka Agricultural Marketing Policy, 2013 indicates regulatory and legislative environment providing for reviewal of the Act to facilitate the aforesaid policy objectives and initiatives and to create a distinct, level playing regulatory environment for the transparent and efficient functioning of agricultural markets in the state. It is in order to achieve this object, the amendment was effected to Section 72 of the Act.

45. In the case of Rashbihari Panda, supra, the Hon'ble Apex Court while considering the powers exercised by the State of Orissa under Section 10 of Orissa Kendu (Control of Trade) Act, 1961 decided the question whether the machinery devised by the Government for sale of Kendu 139 leaves in which they had acquired a monopoly to trade was violative of fundamental rights guaranteed under Articles 14 and 19 of the Constitution.

46. It was held that the scheme evolved by the Government was violative of fundamental rights under Article 14 & 19(1) (g) because the schemes gave rise to a monopoly in the trade in Kendu leaves to certain traders and singled out other traders and new entrants for discriminatory treatment.

47. It was a case where there was no reasonable exclusions of traders of Kendu leaves from carrying on business. By Section 3 of the Act no person other than (a) the Government; (b) an Officer of Government authorised in that behalf; (c) an agent in respect of the unit in which the leaves have grown, shall purchase or transport Kendu leaves.

Section 10 provided that:

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"Kendu leaves purchased by Government or by their Officers or agents under this Act shall be sold or otherwise disposed of in such manner as Government may direct."

Government invited offers for advance purchasers from persons who had purchased Kendu leaves from individual units during the year 1967 and had not committed default in payment of the dues. This method adopted by the State Government was challenged.

The scheme of selling Kendu leaves to selected purchasers or of accepting tenders only from a specific class of purchasers or of accepting tenders only from a specified class of purchasers was not "integrally and essentially" connected with the creation of monopoly was held not protected by Article 19(6)(ii) of the Constitution. It was observed that Section 10 of Orissa Kendu Leaves (Control of Trade) Act, 1961 leaves the method of sale or disposal of Kendu to the Government as they think fit. But, it is not given to the Government thereby to create a monopoly in favour of 3rd parties from their monopoly. 141

48. Similarly, in the case of Association of Registration Plates supra, in the context of entrusting of manufacture and supply of high security vehicle registration plates (HSVRP) in a State to a single licence plates manufacturer, it was held that the procedure adopted by the State Governments in selecting a single manufacturer is a monopoly created in his favour and all owners of vehicles would be compelled to purchase HSVRPs from him or his dealers. Therefore, the procedure adopted by the State Governments in selecting a single manufacturer was held to be violative of Article 19(1)(g) and so accordingly, the order was struck down.

49. In the circumstances aforesaid, it was held that the State is free to create a monopoly in favour of itself. However, the entire benefit arising therefrom must enure for the benefit of the State and it should not be used as a cloak for conferring private benefit upon a limited class of persons, but in the present case no such monopoly is 142 created in favour of the private party-NSPOT/Respondent No.3. No traders are prohibited from continuing trading activity in the market yard/market area.

50. Respondent No.3 has set up an electronic platform in different parts of the State to implement the Karnataka Agricultural Marketing Policy 2013 in order to bring the transparency in the market. Respondent No.3 private party provided services to market in order to provide services to markets, including providing the electronic platform for price discovery; creating an enabling environment and facilitate the farmers to avail pledge loans to avoid distress sale; effective dissemination of market price information enabling the farmer to know the prevailing price of the products, before he decides to sell; simplified processes and online timely payment to the farmers account; to provide alternate and safe storage options through accreditation of warehouses and encourage wearhouses based sales enabling farmers to sell from 143 accredited wearhouses; enabling the farmers to decide when to sell the produce and what price, with a right to reject the price offered.

51. The 3rd respondent is in no way engaged in the trading activity. To facilitate the farmers/traders to conduct the trading activity in a better manner, Government of Karnataka has floated the company with private partner and entered into an agreement with a company. 50% share capital of the company remains with the Government of Karnataka. It is to achieve the object of the policy of 2013, the scheme is floated. Hence, the Judgment referred to above by the learned counsel for the petitioners are not applicable to the facts of the present case.

52. These are purely policy decisions taken by the State Government and, while so, it has examined the benefits the projects would bring into the State and to the farmers of the State. It is well settled that non-floating of 144 tenders or absence of public auction of invitation alone is not a sufficient reason to characterise the action of a public authority as either arbitrary or unreasonable. The Courts have always held that it is open to the State and the authorities to take economic and management decision depending upon the exigencies of a situation guided by appropriate financial policy notified in public interest. [Vide Pathan Mohammed Sukman Rehmatkhan Vs State of Gujarath & others in SLP.No.32507/2013 (D.D.22.11.2013).]

53. In P.M.Ashwathanarayana Setty and others

-Vs- State of Karnataka and others, reported in 1989 Supp (1) SCC 696, the Hon'ble Apex Court has held as under:

"...the State enjoys the widest latitude where measures of economic regulation are, concerned. These measures for fiscal and economic regulation involve an evaluation of diverse and quite often conflicting economic criteria and adjustment and balancing of various conflicting social and economic 145 values and interests. It is for the State to decide what economic and social policy it should pursue and what discriminations advance those social and economic policies. In view of the inherent complexity of these fiscal adjustments, courts give a larger discretion to the Legislature in the matter of its preferences of economic and social policies and effectuate the chosen system in all possible and reasonable ways. [187G-H; 188A-B] East India Tobacoo Co. v. State of Andhra Pradesh, [1963] 1 SCR 411; The State of Gujarat & Anr. v. Shri Ambica Mills Ltd. Ahmedabad, [1974] 3 SCR 764 referred to. (7) The lack of perfection in a legislative measure does not necessarily imply its unconstitutionality. It is rightly said that no economic measure has yet been devised which is free from all discriminatory impact and that is such a complex arena in which no perfect alternatives exist, the court does well not to impose too rigorous a standard of criticism. under the equal protection clause. reviewing fiscal services.."

In R. S. Joshi, Sales Tax Officer, Gujarath and others -Vs- Ajit Mills Limited and another, (1977) 4 SCC 146 Hon'ble Justice V. R. Krishna Iyer, speaking for the Bench held:

"the true key to constitutional construction is to view the equity of the statute and sense the social mission of the law, language permitting, against the triune facets of justice high-lighted in the Preamble to the Paramount Parchment, read with a spacious signification of the listed entries concerned. If then we feed this programme into the judicial cerebration with the presumption of constitutionality superadded, the result tells us whether the measure is ultra vires or not. The doctrine of ancillary and incidental powers is also embraced within this scheme of interpretation."

Benjamin N. Cardozo in his Lecture II - the Methods of History, Tradition and Sociology observed thus:-

"I do not mean of course, that Judges are commissioned to set aside existing rules at pleasure in favour of any other set of rules which they may hold to be expedient or wise. I mean that when they are called upon to say how far existing rules are to be extended or restricted, they must let the welfare of society fix the path, its direction and its distance"

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54. In (2003) 11 SCC 146 in the case of Saurabh Chaudri (Dr) and others -Vs- Union of India and others it is held as under:-

"64. The sole question, therefore, is as to whether reservation by way of institutional preference is ultra-vires Artilce 14 of the Consitution of India. We think not. Article 14, it will bear repetition to state, forbids class legislation but does not forbid reasonable classification, which means: (1) must be based on reasonable and intelligible differentia; and (2) such differentia must be on rational basis.

65. Hence, we may also notice the argument, whether institutional a reservation fulfils the aforementioned criteria or not must be judged on the following:

1. There is presumption of constitutionality.

2. The burden of proof is upon the writ petitioners as they have questioned the constitutionality of the provisions.

3. There is a presumption as regards the State's power on the extent of its legislative competence.

4. Hardship of a few cannot be the basis for determining the validity of any statute."

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55. It is well settled legal principle that the Constitutional validity of an Act can be challenged only on two grounds viz., (i) lack of legislative competence; and (ii) violation of any of the fundamental rights guaranteed in Part III of the Constitution or any other constitutional provisions. In State of AP Vs McDowell & Co (1996) 3 SCC 709, the Hon'ble Apex Court has held that except the above two grounds, there is no third ground on the basis of which the law made by the competent legislature can be invalidated. This view was reiterated by the Hon'ble Apex Court in GREATER BOMBAY COOP. BANK LTD., Vs UNITED YARN TEX (P) LTD AND OTHERS (2007) 6 SCC

236.

56. In CST Vs Radhakrishnan (1979) 2 SCC 249, it is held that while considering the validity of a statute the presumption is always in favour of the constitutionality and the burden is upon the person who attacks it to show that there has been transgression of constitutional principles. It 149 is always to be presumed that the legislature understands and correctly appreciates the need of its own people and that discrimination, if any, is based on adequate grounds and considerations. The burden of proof lies on the shoulders of the incumbent who challenges it.

57. The petitioners herein have failed to establish the two grounds; (i) of lack of legislative competency and (ii) violation of any of the fundamental rights or any other constitutional provisions in effecting the amendments challenged herein, except the monopoly aspect. In the light of the Judgments referred to above, it can be held that neither any monopoly is created in favour of respondent No.3 much less a private partner to carry on trading activities discriminating the petitioners/traders, nor the pre-existing rights of the petitioners/traders to carry on the trading activities is violated affecting their fundamental rights guaranteed under the Constitution. The competency of the legislature to amend the Act cannot be disputed. 150

58. As could be seen, prior to amendment of Section 72, Marketing Committees were vested with the powers of granting a licence to the Commission agents, traders, importers, exporters, processors, ginners, pressers, stockists, crushers etc, to operate within the respective market yards. Being licence granted by the APMC, the licence was authorised to operate within the jurisdictional area of that Market Committee. In case if a lincencee wish to operate in an area falling within the jurisdiction of another APMC, it was required to obtain further licence. Thus, it was mandatory to take as many licences as number of markets, where one wanted to carry on business. In order to eliminate these type of barriers, a unified licence scheme was necessary to facilitate traders in different market yards of the State. Hence, sub-section (4) of Section 72 of the Act was inserted to provide for a simplified single unified licence for all participants as contemplated under the Policy.

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59. The said sub-section (4) of Section 72 of the Act has enabled the Director of Agricultural Marketing or an Officer authorised by him to grant a trader licence to operate as a trade in any of the Agricultural Produce Marketing Committee yards in the State. Thus, amendment to Section 72 simplifies the licencing procedure and existing licencee are now instructed to obtain a fresh trade licence, within a period of six months from the date of amendment.

60. It is to be noted that as set out in the statement of objections filed by the Committee, while delegating the power of issuing unified licence to Assistant/Deputy Directors in the District, instructions were issued to the APMCs to refund the licence fee to the traders for the remaining period of licence granted earlier, the procedure by which the traders may obtain a unified licence by submitting an application in the prescribed form along with documents prescribed therein. The Secretary of every APMC 152 has been instructed to prepare statement of trader licences so converted along with the details of remaining period of validity of the licence and deposit a cheque/DD for the remaining period of licence with the concerned Assistant/Deputy Director of the District for necessary action.

61. By these instructions, it appears the requirements for an existing licencee to submit the documents required under the Rule was dispensed with, as the credentials of the licencee had already been vetted by the concerned APMC while granting the original licence. Thus, all licences that were in existence as on the date of commencement of the amendment stand converted as a unified licence under the Act.

62. Thus, the submission of the learned counsel appearing for the petitioners that during the existence of the licences, the petitioners are compelled to apply for fresh licence with additional documents, etc which would cause 153 hardship and inconvenience to the traders is wholly misconceived. There is no termination of contract as such by the amendment brought into Section 72, but it converts the existing licences into unified licences. The arguments of the petitioners that the existing licencees/traders are wiped out from the business is wholly misconceived. Even assuming any hardship is caused to the petitioners which is not uncommon in the transitional period, that itself would not be a ground to invalidate the law. It is not the basis for determining the validity of a statute.

63. Rule 76-A of the Rules provides for grant of a unified traders licence, which allows a trader to carry on business in any market in the State. In view of the licence granted under Rule 76-A of the Rules, any licencee can purchase or sell a notified agricultural produce in any market in the State and the same is in confirmity with Section 8(2) of the Act. The unified licence enables a licencee to carry on business be it a purchaser, seller, stockist, etc in any market yard in the State. 154

64. Thus, it can be held that the amendment to Section 72(1) & (3) of omitting the phrase 'trader' and inserting sub-section (4) to Section 72 and Rules 76A of Rules is in order to facilitate the farmers and traders with an electronic platform bringing more transparency and immediate payment. Neither any fundamental rights of the petitioners are violated nor any discrimination is caused to the petitioners in amending the provisions.

For the reasons aforesaid, writ petitions fail. Accordingly, stand dismissed.

Sd/-

JUDGE MK/LG/RR

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