Karnataka High Court
Neev Enterprises vs The State Of Karnataka on 18 July, 2025
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
1
RESERVED ON : 28.04.2025
PRONOUNCED ON : 18.07.2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.3011/2025
C/W
WRIT PETITION NO. 4124/2023,
WRIT PETITION NO. 4132/2023,
WRIT PETITION NO. 5007/2023,
WRIT PETITION NO. 173/2025,
WRIT PETITION NO. 540/2025
WRIT PETITION NO. 692/2025,
WRIT PETITION NO. 1536/2025 (APMC)
IN W.P.NO. 3011/2025
BETWEEN :
1. ATHITHI TRADING COMPANY
NO.164, B-BLOCK
APMC SUB MARKET, DASANAPURA
BENGALURU -562162
REP BY ITS PROPRIETOR,
SMT. K V BHARATHAMMA
AGED ABOUT 56 YEARS.
2
2. M/S GANGA AND CO.
NO.176. B-BLOCK, AP.M.C.
SUB MARKET DASANPURA
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI. BASAVANANJE GOWDA
AGED ABOUT 58 YEARS.
3. M/S.IMRAN SHARIEFF AND COMPANY.
NO.152, B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. IMRAN SHARIEFF.
S/O. G.S.ANWAR SHARIEFF,
AGED ABOUT 40 YEARS.
4. MEERA TRADERS.
NO.207. B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI CHANNAMADE GOWDA.
S/O. EERA MADAIAH.
AGED ABOUT 64 YEARS.
5. SOMANATH TRADING COMPANY.
NO.179, B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU-562 162
REP. BY PROPRIETOR.
DANAPPA GOWDA.
AGED ABOUT 52 YEARS
6. SANTOSH TRADERS.
NO. 146, B-BLOCK. APMC MARKET.
DASANAPURA. BENGALURU-562 162.
REP BY ITS PROPRIETOR
SRI.B.N.GOVINDAPPA,
S/O. G. NARAYANAPPA.
AGED ABOUT 59 YEARS.
3
7. B.N. AGENCIES.
NO.61. A-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PARTNER.
SRI SHARAN KUMAR.P.
S/O. B.N. PAPANNA.
AGED ABOUT 27 YEARS.
8. SRI VARALAKSHMI TRADERS.
NO.125. B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. SHIVALINGAIAH.K.
S/O. KEMPAIAH.
AGED ABOUT 59 YEARS
9. N.R.TRADING COMPANY.
NO.114, B-BLOCK,
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR. SMT.KAVITHA.
W/O. M.B.RAJANNA.
AGED ABOUT 50 YEARS.
10 . M/S.SURYA TRADERS
NO.149, B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562162
REP BY ITS PROPRIETOR
SRI.RAVICHANDRAN, M
S/0 MUNIWAMY REDDY.
AGED ABOUT 59 YEAR
11 . JAI GANESH COMPANY.
NO.132, B-BLOCK,
APMC SUB MARKET,
DASANAPURA, BENGALURU-562 162
REP. BY ITS PROPRIETOR,
SRI.N. CHAKRAVARTHI
AGED ABOUT 56 YEARS,
12 . VIGNESHWARA TRADING COMPANY.
NO.123, 3-BLOCK
AR.M.C. SUB MARKET, DASANAPURA
4
BENGALURU-562162
REP. BY ITS PREPELIETOR, SRI. GANESH.
S/O. KONNAPPA REDDY.
AGED ABOUT 57 YEARS,
13 . RENUKA ENTERPRISES
NO.80, 8-BLOCK
APMC. SUB MARKET, DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PARTNER
SRI. ROHIT NAIK. L
AGED ABOUT 53 YEARS,
14 . VINAYAK TRADING CO.,
NO.14-B, B-BLOCK
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI.P.SOUNDARRAJAN
S/O. PERUMAL
AGED ABOUT 51 YEARS,
15 . BHARANI TRADERS
NO.195, B-BLOCK
APMC SUB MARKET
DASANAPURA, BENGALURU -562 162
REP BY ITS PROPRIETOR,
SRI S S THOTAIAH
AGED ABOUT 57 YEARS.
16 . GURU KRUPA TRADERS
NO.95 B-BLOCK
APMC SUB MARKET,
DASANAPURA, BENGALURU-563 162
REP. BY ITS PROPRIETOR
SRI.T SHIVAKUMAR.
S/O. GK. THAMANNA.
AGED ABOUT 59 YEARS,
17 . BHASKAR COMMERCIALS,
NO 205, B-BLOCK AP.M.C. SUB MARKET,
DASANAPURA. BENGALURU-562 162.
REP, BY ITS PARTNER
5
SRI.N.RAMASWAMY,
S/O. LATE NATARAJAN,
AGED ABOUT 51 YEARS
18 . BHUVANESWARI TRADERS.
NO.173. B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.K.PALANI.
S/O. KANNAPPA REDDY.
AGED ABOUT 54 YEARS,
19 . CHAITANYA TRADERS,
NO.151, B-BLOCK. A.P.M.C. SUB MARKET,
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PARTNER,
SRI.P.S. MAHENDRA GUPTA,
AGED ABOUT 63 YEARS
20 . ASHWINI TRADERS,
NO.181, B-BLOCK,
APMC SUB MARKET
DASANAPURA, BENGALURU -562162
REP BY ITS PROPRIETOR
SRI S.D. JAGADISH
S/O DASAPPA
AGED ABOUT 53 YEARS
21 . DURGAMBA TRADERS
NO.209. B-BLOCK. APMC. SUB MARKET
DASANAPURA BENGALURU-562162
REP BY ITS PROPRIETOR N DELHI BABU
S/O NARAYANA REDDY
AGED ABOUT 45 YEARS
22 . M S BIJAPUR TRADING COMPANY
ONION AND POTATO MERCHANTS AND
COMMISSION AGENTS NO.126. B-BLOCK
APMC SUB MARKET. DASANPURA
BENGALURU-562162
6
REP, BY ITS PARTNER
SRI CHENNA KESHAVA
S/O. TUPPE GOWDA
AGED ABOUT 50 YEARS
23 . BYRAVESHWARA TRADING COMPANY
NO.177. B-BLOCK APMC. SUB MARKET,
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PROPRIETOR
S/O. MALAPPA.
AGED ABOUT 45 YEARS
24 . SRI BHARATHI TRADING COMPANY.
NO.105, B-BLOCK APMC SUB MARKET
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI.VINAYA MURTHY,
S/O. C.NARASIMHAN
AGED ABOUT 41 YEARS.
25 . SRI THIPPESWAMY TRADERS
NO.99, B-BLOCK, A.P.M.C. SUB MARKET,
DASANAPURA, BENGALURU 562 162.
REP. BY ITS PROPRIETOR,
SRI.K.SIDDAPPA.
S/O. KARIDAPPA,
AGED ABOUT 74 YEARS
26 . OM SHAKTI TRADERS,
NO.156, B-BLOCK.
A.P.M.C. SUB MARKET,
DASANAPURA,
BENGALURU-562 162.
REP, BY ITS PARTNER
SRI. TIRUVENKADAM.V.
AGED ABOUT 58 YEARS,
27 . ARFA MERAJ TRADING COMPANY,
NO.113, B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.JAVEED ULLA KHAN,
7
S/O. NAZEERULLA.
AGED ABOUT 58 YEARS.
28 . BHEEMAMBIKA TRADERS,
NO.111. B-BLOCK,
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PARTNER.
SRI.P.PARAMESH.
AGED ABOUT 47 YEARS.
29 . JAI HANUMAN TRADERS,
NO.122, B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA,
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR,
SRI.S.PRAVEEN KUMAR,
S/O. R.SIDDAPPA.
AGED ABOUT 45 YEARS,
30 . ADISHWAR TRADING COMPANY,
NO.182, B-BLOCK,
AP.M.C. SUB MARKET. DESANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. MUNIRAJU.
S/O. BYREGOWDA.
AGED ABOUT 48 YEARS,
31 . SRI LEEPAKSHI TRADERS,
NO.44. A-BLOCK,
A.P.M.C. SUB MARKET,
DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR.
SMT.S.B.SHYLAJA.
AGED ABOUT 49 YEARS.
32 . MUNESH AND COMPANY.
NO.128, B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PARTNER
SRI.SUBRAMANYA.B.
8
S/O. B.SESHAIAH
AGED ABOUT 58 YEARS.
33 . SUNIL TRADING COMPANY
NO.16. A-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR,
SRI. RAGHUNATHA GOWDA.R.
S/O RANE GOWDA
AGED ABOUT 48 YEARS
34 . DHARMASTHALA TRADERS,
NO.131. B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PARTNER
SRI.K.PRASAD,
S/O. LATE KEMPAIAH,
AGED ABOUT 47 YEARS
35 . RUDRESWAR TRADERS,
NO.129, B-BLOCK.
A.P.M.C. SUB MARKET
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SMT. PRAMILA, W/O. RAVIKUMAR.
AGED ABOUT 46 YEARS.
36 . MAHALAKSHMI ENTERPRISES.
NO.157. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU - 562 162.
REP. BY ITS PROPRIETOR.
SRI.ABDUL NAZIR M.P.
AGED ABOUT 52 YEARS.
37 . SRI ADITYA ENTERPRISES,
NO.203, B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU - 562 162.
REP. BY ITS PROPRIETOR
9
SRI.G.MANIKANTA,
AGED ABOUT 57 YEARS.
38 . KOTWAL TRADERS,
NO.205. B-BLOCK.
A.P.M.C. SUB MARKET. DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.S.SARAVANA.
S/O. SELVAM.
AGED ABOUT 36 YEARS.
39 . SRI BYRAVANATH TRADING COMPANY.
NO.93, B-BLOCK,
A.P.M.C. SUB MARKET.
DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PARTNER
SRI.P.SHEKAR. S/O. PADAVAT REDDY.
AGED ABOUT 59 YEARS.
40 . MAHALINGESHWARA TRADERS,
NO.210. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PARTNERS
SRI.RAJAPPA.G.
AGED ABOUT 52 YEARS.
41. MURTHY TRADERS
NO.97, B-BLOCK,
A.P.M.C. SUB MARKET
DASANAPURA
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.GUJJARAPPA L.G.
S/O. GANGADHARAPPA.
AGED ABOUT 40 YEARS.
42 . AMARESHWARA
TRADING COMPANY,
NO.169, B-BLOCK,
A.P.M.C. SUB MARKET,
10
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.SIDDAPPA K. BALAGERI,
S/O. KUDALAPPA,
AGED ABOUT 48 YEARS.
43 . NISARGA TRADERS,
NO.175, B-BLOCK.
A.P.M.C. SUB MARKET
DASANAPURA,
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR,
SRI.M.N.MALLIKAR JUNAPPA.
S/O. MALLA NANJUNDAPPA,
AGED ABOUT 64 YEARS,
44 . VINAYAK TRADERS
NO.100. B-BLOCK.
A.P.M.C. SUB MARKET
DASANAPURA,
BENGALLURU-562 162.
REP. BY ITS PROPRIETOR
SRI MOHAN V.H
S.O. LATE U.R. HANUMANTHAPPA,
AGED ABOUT 52 YEARS.
45 . LOKESH TRADING COMPANY,
NO.109, B-BLOCK,
APMC SUB MARKET,
DASANPURA
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SMT.S.M.SHYLAJA.
S/O. LOKESH,
AGED ABOUT 46 YEARS,
46 . BYLANJANEYA TRADERS,
NO.183. B-BLOCK
A.P.M.C. SUB MARKET, DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PARTNER
SRI S.H.CHANDRASHEKAR REDDY.
11
S/O LATE HANUMA REDDY.
AGED ABOUT 61 YEARS
47 . HONNA DEVI TRADERS,
NO.164, B-BLOCK
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU -562 162.
REP. BY ITS PROPRIETOR.
SRI. BALAKRISHNA. S
S/O. SANJEEVA SHETTY
AGED ABOUT 49 YEARS
48 . P.DORAISWAMY TRADERS,
NO.118. B-BLOCK.
AP.M.C. SUB MARKET.
DASANAPURA, BENGALURU -562 162.
REP. BY ITS PROPRIETOR.
SRI.P.DORAISWAMY.
S/O. PONNAN.
AGED ABOUT 59 YEARS.
49 . VIKAS TRADING COMPANY
NO.150. B-BLOCK,
A.P.M.C. SUB MARKET,
DASANAPURA,
BENGALURU-562 162.
REP BY ITS PROPRIETOR
SRI. SHEIK VIKAS AHMED
S/O MUNEER AHMED
AGED ABOUT 42 YEARS
50 . SUDHA TRADERS
NO.154, B-BLOCK,
APMC SUB MARKET,
DASANAPURA,
BENGALURU -561162
REP BY ITS PROPRIETOR
SRI B R SRINIVAS
S/O B RUDRAPPA
AGED ABOUT 55 YEARS.
12
51 . SRI SHIVAGANGA TRADERS,
NO.18. A-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SMT.REKHA,
S/O. NARENDRA BABU,
AGED ABOUT 44 YEARS.
52 . M/S. NAIK TRADERS,
NO.168. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI VEENA NAIK
S/O GURU NAIK
AGED ABOUT 50 YEARS
53 . SRI PUTTARAJU GAVAIE TRADERS
ONION POTATO MERCHANTS &
COMMISSION AGENT
NO. 204, B BLOCK
APMC SUB MARKET DASANPURA
BENGALURU - 562 162
REP BY ITS PARTNER
SRI. S. LINGARAJU
S/O LATE SHIVANNA
AGED ABOUT 70 YEARS
54 . SRI MANJUNATH TREDING COMPANY
NO.170 B-BLOCK
APMC SUB MARKET
DASANAPURA, BENGALURU -562 162
REP BY ITS PARTNER
SRI. P SHIVA PRASAD BABU,
S/O P PRAKASHAM
AGED ABOUT 38 YEARS.
...PETITIONERS
(By Sri. B R SATENAHALLI, ADVOCATE)
13
AND:
1 . THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF COOPERATION
VIKASA SOUDHA
DR B R AMBEDKAR VEEDHI,
BENGALURU -560001.
2 . THE DIRECTOR OF
AGRICULTURAL MARKETING
NO.16 II RAJ BHAVAN ROAD,
BENGALURU -560001.
3 . THE SECRETARY
APMC YARD,
YESHWANTHAPURA
INDUSTRIAL SUBURB
YESHAWANTHPURA
BENGALURU -560022.
4 . THE ADMINISTRATOR
APMC YARD
YESHWATHAPURA INDUSTRIAL
SUBURB, YESHWANTHAPUR
BENGALURU -560022.
...RESPONDENTS
(By SMT.PRATHIMA HONNAPURA, AAG A/W
MS.RASHMI RAO, HCGP FOR R1 & R2;
SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI. NANDA KISHORE AND
SRI. T. SWAROOP, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 PRAYING TO QUASH THE IMPUGNED
ENDORSEMENT DATED 24.01.2025 BEARING NOS.
KRU.U.MA.SA(BLR)/MALIGE/VIBHAGYA. 4068, 4084,
4080, 4071, 4095, 4077, 4072, 4120, 4088, 4076, 4127,
4119, 4112, 4108, 4103, 4175, 4114, 4092, 4156, 4118,
14
4197, 4132, 4184, 4121, 4166, 4192, 4181, 4090, 4129,
4146, 4123, 4147, 4125, 4184, 4160, 4164, 4187, 4211,
4170, 4172/2024-25 PRODUCED AT ANNX-A-1 TO A-40
RESPECTIVELY; DIRECT THE R-1 TO 2 TO HOLD AN
ELECTION OF THE COMMITTEE AND TO CONSTITUTE A
COMMITTEE UNDER SECTION 11 OF THE A.P.M.C ACT,
1966.
IN W.P.No. 4124/2023
BETWEEN
1. M/S C. BASAVARAJ
NO.227/1, 7TH CROSS,
APMC YARD,
YESHWANANTPUR INDUSTRIAL SUBURB,
YESWANTHPUR, BENGALURU-560 022
REP. BY S. ANAND
S/O LATE SHIVAPRAKASAN .
2. SRI DURGAMMA DEVI TRADERS
NO.17/2, 2ND MAIN ROAD,
YESHWANTHPUR,
NEW CORPORATION PID NO.10-10-21/1,
BENGALURU-560 022.
REP. BY ITS PROPRIETOR
SRIRAMULU,
S/O. LATE VENKATASWAMY,
AGED ABOUT 63 YEARS.
3. M/S. NATARAJ TRADING COMPANY
APMC YARD,
YESHWANANTPUR INDUSTRIAL SUBURB,
YESWANTHPUR,
BENGALURU-560 022.
REP.BY SRI.LOKESH,
S/O. DURGAPPA GOWDA,
AGED ABOUT 58 YEARS
4. SRI.B.S. KRISHNAMURTHY
T.C. NAGAPPA CHETTIAR,
AGED ABOUT 56 YEARS,
NO.38, 7TH CROSS,
15
APMC YARD, YESHWANANTPUR
INDUSTRIAL SUBURB,
YESWANTHPUR,
BENGALURU-560 022.
...PETITIONERS
(By Sri. B. R. SATENAHALLI, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF COOPERATION,
VIKASA SOUDHA,
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
2 . THE DIRECTOR OF
AGRICULTURAL MARKETING
NO.16,11, RAJ BHAVAN ROAD,
BENGALURU-560 001.
3 . THE SECRETARY
APMC YARD, YESHWANANTPUR
INDUSTRIAL SUBURB,
YESWANTHPUR,
BENGALURU-560 022.
4 . CAP. SRINIVASA GOWDA,K.A.S.
PERSONAL SECRETARY TO
MINISTER OF COOPERATION,
VIKASA SOUDHA,
DR.B.R.AMBEDKAR VEEDHI,
BENGALURU-560 001.
...RESPONDENTS
(By SMT. PRATHIMA HONNAPURA, AAG A/W
MS. RASHMI RAO, HCGP FOR R1, R2 & R4;
SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI. NANDA KISHORE, ADVOCATE A/W
SRI. T. SWAROOP, ADVOCATE FOR R3)
16
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASHING THE NOTIFICATION DATED 17/01/2023
BEARING NO.CO292MRE22BANG ISSUED BY THE
GOVERNMENT- R-1 VIDE ANNEXURE-F; DIRECTING
THE R-1 AND 2 TO HOLD ELECTIONS TO THE APMC
MARKET, YESHWANTHPUR, BENGALURU; DIRECTING
THAT AFTER HOLDING AND CONSTITUTING THE
COMMITTEE UNDER SECTION-11 OF THE APMC, THE
COMMITTEE IS DIRECTED TO CONSIDER THE
PROPOSALS OF CONSTITUTING THE SPECIAL MARKET
COMMITTEE, AS PROVIDED UNDER SECTION-96 OF
THE APMC ACT.
IN W.P.No. 4132/2023
BETWEEN
1. NEEV ENTERPRISES
NO 3, 2ND MAIN ROAD
APMC YARD,
YESHWANTHPUR
INDUSTRIAL SUBURB
YESHWANTHPUR
BENGALURU 560022
REP BY ITS PROPRIETOR
SMT NEETA TULSHAN
W/O VIKAS TULSAN
AGED ABOUT 46 YEARS
2. SRI PARAMESH TRADERS
NO 10/C3, 2ND MAIN ROAD
APMC YARD,
YESHWANTHPUR INDUSTRIAL SUBURB
YESHWANTHPUR
BENGALURU 560022
REP BY ITS PROPRIETOR
SRI K DEVE GOWDA
S/O KEMPAIAH
AGED ABOUT 53 YEARS.
17
3. SREE RAJESWHARI TRADING COMPANY
NO 7, POTATO COMPLEX
APMC YARD
YESHWANTHPUR INDUSTRIAL SUBURB
YESWANTHPUR
BENGALURU -560 022
REP BY ITS PARTNER
SRI M YOGANANDAM
S/O P MUNISWAMY
AGED ABOUT 63 YEARS.
4. ONION TRADING COMPANY
NO 25, 2ND MAIN RAOD
APMC YARD,
YESHWANTHPUR INDUTRIAL SUBURB
YESHWANTHPUR, BENGALURU 560022
REP BY ITS PROPRIETOR
SRI C YOGANANDAN
S/O D CHANDRAMOURISWARA
AGED ABOUT 53 YEARS
...PETITIONERS
(SRI.B.R. SATENAHALLI, ADVOCATE )
AND
1 . THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF COOPERATION
VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU 560001.
2 . THE DIRECTOR OF
AGRICULTURAL MARKEING
NO 16, II, RAJ BHAVAN ROAD
BENGALURU 560001.
3 . THE SECRETARY
APMC YARD
YESHWANTHPUR INDUSTRIAL
SUBURB
18
YESWANTHPUR
BENGALURU 560022.
4 . CAP. SRINIVASA GOWDA K A S
PEROSNAL SECRETARY TO
MINISTER OF CO OPERATION
VIKASA SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU 560001.
...RESPONDENTS
(By SMT.PRATHIMA HONNAPURA, AAG A/W
MS. RASHMI RAO, HCGP FOR R1, R2 & R4;
SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI. NANDA KISHORE, ADVOCATE A/W
SRI. T. SWAROOP, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTIUTION OF INDIA PRAYING TO-
QUASHING THE NOTIFICATION DATED 17/01/2023
BEARING NO.CO292MRE22BANG ISSUED BY THE
GOVERNMENT 1ST RESPONDENT VIDE ANNEXURE-A
AND NOTIFICATION DATED 18/01/2023 ISSUED BY
THE DIRECTOR R-2 VIDE ANNEXURE-B;
DIRECTING THE R-1 AND 2 TO HOLD ELECTIONS TO
THE APMC MARKET, YESHWANTHPUR, BENGALURU;
DIRECTING THAT AFTER HOLDING AND CONSTITUTING
THE COMMITTEE UNDER SECTION-11 OF THE APMC,
THE COMMITTEE IS DIRECTED TO CONSIDER THE
PROPOSALS OF CONSTITUTING THE SPECIAL MARKET
COMMITTEE, AS PROVIDED UNDER SECTION-96 OF
THE APMC ACT.
IN W.P.No. 5007/2023
BETWEEN
1. G ADJHIMURTHY
NO.41, 7TH CROSS, APMC YARD,
YESHWANTHPUR,
BENGALURU-560022.
REP BY ITS PROPRIETOR,
19
SRI. G.A. SRINATH,
S/O G. ADIMURTHY,
AGED ABOUT 68 YEARS
2. SREE SIDDHESHWARA TRADING CO.
NO.13/1, 5TH MAIN ROAD,
7TH CROSS, APMC YARD,
YESHWANTHPUR,
BENGALURU-560022.
REP BY ITS PARTNER,
SRI. C. UDAYA SHANKAR,
S/O LATE S. CHANNAVEERA DEVARAPPA,
AGED ABOUT 59 YEARS
3. RAVI TRADING COMPANY
NO.17/1, 2ND MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560022.
REP. BY ITS PARTNER,
SRI. B. RAVISHANKAR.R
S/O LATE S. BALAKRISHNA,
AGED ABOUT 51 YEARS
4. M/S J.T.R. TRADING COMPANY
NO.1/20, GARLIC COMPLEX,
APMC YARD, YESHWANTHPUR,
BENGALURU-560022.
REP BY ITS PROPRIETOR,
SRI. J.T. RAMESH,
S/O LATE J. THIMMAPPA,
AGED ABOUT 57 YEARS.
5. SHARATH TRADING CO.,
NO.223, 4TH MAIN,
7TH CROSS, AMPC YARD,
YESHWANTHPUR,
BENGALURU-560022.
REP BY ITS PROPRIETOR,
SRI. K.C. RUDRAMURTHY,
S/O LATE CHANNAPPA,
AGED ABOUT 61 YEARS.
20
6. SHIVARAJ TRADING CO.,
NO.221, 7TH CROSS, APMC YARD,
YESHWANTHPUR,
BENGALURU-560022.
REP. BY ITS PROPREITOR,
SRI. SURESH M.D.
S/O DESI GOWDA
AGED ABOUT 35 YEARS.
7. GANGA MEENAKSHI TRADERS
NO.19/46,ONION POTATO COMPLEX,
APMC YARD, YESHWANTHPUR,
BENGALURU-560022.
REP. BY ITS PROPRIETOR,
SRI. H. NAGABHUSHAN,
S/O LATE G. HANUMANTHAPPA,
AGED ABOUT 60 YEARS
8. SRI.VASAVI TRADING COMPANY
NO.57, 7TH CROSS, 5TH MAIN ROAD,
APMC YARD, YESHWANTHPUR,
BENGALURU-560022.
REP. BY ITS PARTNER,
SRI. T.S. SRINIVASA MURTHY,
S/O LATE T. SUBBAIAH SETTY,
AGED ABOUT 66 YEARS.
9. M. RAMAKRSIHANAIAH
NO.227, 7TH CROSS, 4TH MAIN,
APMC YARD, YESHWANTHPUR,
BENGALURU-560022.
REP. BY ITS PARTNER,
SRI. R. HEMANTH KUMAR,
S/O LATE M. RAMAKRISHNAIAH,
AGED ABOUT 54 YEARS.
10 . SRI. RUDESHWARA TRADERS
NO.23/2, 7TH CROSS, 4TH MAIN,
APMC YARD, YESHWANTHPUR,
BENGALURU-560022.
REP. BY ITS PARTNER,
SRI. A.S. PREMDEPPA,
21
S/O SHANTHAVEERA,
AGED ABOUT 57 YEARS.
11 . M/S N. SIDDAPPA
NO.95, 3RD MAIN ROAD,
4TH MAIN, APMC YARD,
YESHWANTHPUR,
BENGALURU-560022.
REP. BY ITS PARTNER,
SRI. P.S. RAGHUNANDAN,
S/O LATE P.G.S. GUPTA,
AGED ABOUT 60 YEARS.
12 . S. RAMASWAMY AND CO,
NO.94/1, 3RD MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI.S.SRINIVASAN,
SUBBARAYA REDDY,
AGED ABOUT 59 YEARS.
13 . N.N. TRADERS
NO.14/1,2ND MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI.N.V. SANDEEP,
S/O. N. VENKATACHALAPATHY,
AGED ABOUT 36 YEARS.
14 . SRI RAGHU VENKATESHWARA AND CO,
NO.41,7TH CROSS,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS AUTHORIZED SIGNATORY,
SRI.B.V. VIVEK,
S/O. LATE B.S. VENKATESH,
AGED ABOUT 37 YEARS.
22
15 . SRI LAKSHMI VENKATESHWARA TRADING CO,
NO. 238, 6TH MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI.B.N. SUDEEP,
S/O. B. NAGARAJA,
AGED ABOUT 44 YEARS.
16 . AKBAR TRADERS
NO.91/1,III MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI.RAHIL,
S/O. MUNAF BASHAIR,,
AGED ABOUT 29 YEARS.
17 . NEW JAIHIND AND CO,
NO.93,3RD MAIN ROAD,
APMC YARD, YESHWANTHPUR,
BENGALURU-560 022,
REP. BY ITS PARTNER,
SRI.NITHUL.J.SHAH,
S/O. LATE JAYANTILAL H. SHAH,
AGED ABOUT 52 YEARS.
18 . RAJDEEP AND CO
NO.87,3RD MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022,
REP. BY ITS PARTNER,
SRI.DEEPESH R. SHAH,
S/O. RAMNIKLAL H. SHAH,
AGED ABOUT 40 YEARS.
19 . KAMAL AND CO.
SHOP NO. 92, 3RD MAIN ROAD,
APMC YARD,,
23
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI.DEEPAK.J.SHAH,
S/O. LATE JAYANTILAL H. SHAH,
AGED ABOUT 53 YEARS.
20 . BIPIN AGENCIES
NO.81/2, 3RD MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI.SHAKTI B. VORA,
S/O. BIPIN M. VORA,
AGED ABOUT 41 YEARS.
21 . SREE VENKATESHWARA ENTERPRISES
NO.87, 1ST FLOOR, 3RD MAIN,
APMC YARD, YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI. RAJA.S,
S/O. R. SUNDRAM,
AGED ABOUT 48 YEARS.
22 . PRAKASH TRADING CO.
NO.51/3,2ND MAIN ROAD,
5TH CROSS, APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022,
REP. BY ITS PROPRIETOR,
SRI.PRAKASH.P,
S/O. PUTTASWAMY,
AGED ABOUT 42 YEARS.
23 . M/S. KARANIA AGENCIES
NO.8, APMC YARD,
2ND MAIN ROAD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI. MANSUKHLAL KESHVAJI,
24
S/O. LATE KESHVAJI NARSHI KARNAIA,
AGED ABOUT 67 YEARS.
24. SONA TRADING CO.
NO.6/20, GARLIC COMPLEX,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PROPRIETOR,
SRI.AMAR R. SONA,
S/O. RAMESH SONA
AGED ABOUT 44 YEARS.
25 . JAI BHAVANI TRADERS
NO.86, 3RD MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PROPRIETOR,
SRI.BHAVIN SONA,
S/O.LATE H.C. SONA,
AGED ABOUT 46 YEARS.
26 . M/S.J.P. TRADERS
NO.23/2, 2ND MAIN ROAD,
APMC YARD,
YESHWANTHPUR,
BENGALURU-560 022.
REP. BY ITS PARTNER,
SRI.P.SHIVA KUMAR,
S/O. LATE PUTTAIAH,
AGED ABOUT 71 YEARS
...PETITIONERS
(By Sri. B. R. SATENAHALLI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
25
DEPARTMENT OF COOPERATION,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE DIRECTOR OF
AGRICULTURAL MARKETING
NO.16, II, RAJ BHAVAN ROAD,
BENGALURU-560001.
3. THE SECRETARY
APMC YARD,
YESHWANTPUR INDUSTRIAL SUBURB,
YESWANTHPUR,
BENGALURU-560022.
4. CAP. SRINIVASA GOWDA, K.A.S.
PERSONAL SECRETARY TO
MINISTER OF COOPERATION,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
...RESPONDENTS
(By SMT.PRATHIMA HONNAPURA, AAG A/W
MS. RASHMI RAO, HCGP FOR R1, R2 & R4;
SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI. NANDA KISHORE, ADVOCATE A/W
SRI. T. SWAROOP, ADVOCATE FOR R3
SRI. SIDDARTH B MUCHANDI, ADVOCATE FOR
PROPOSED APPLICANT ON IA2/2023)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASHING THE NOTIFICATION DATED 17.01.2023
BEARING NO.CO292MRE22BANG ISSUED BY THE
GOVERNMENT 1ST RESPONDENT, VIDE ANNX-A,
NOTIFICATION DATED 18.01.2023 BEARING
NO.KRUMAE/NIYAVI/OTHERS/16/2022-23 ISSUED BY
THE DIRECTOR R-2 ,VIDE ANNX-B AND NOTIFICATION
PUBLISHED ON 25.02.2023 BY THE DIRECTOR IN THE
26
DAILY KANNADA NEWSPAPER VIJAYA KARNATAKA
NUMBER 16/23 DATED 24.02.23 VIDE ANNX-C;
DECLARING THAT THE PROVISIONS OF THE
KARNATAKA AGRICULTURAL PRODUCE(MARKETING
AND REGULATION) ACT 1966 ARE NOT APPPLICABLE
TO THE BENGALURU METROPOLITAN CITY OR DIRECT
THE STATE GOVERNMENT R-1 TO HOLD ELECTION TO
THE MARKET COMMITTEE FORTHWITH;
DIRECTING THAT THE NEW COMMITTEE CONSTITUTED
UNDER SECTION -11 OF THE APMC ACT, AFTER
DECLARATION BY ISSUE OF NOTIFICATION LIBERTY OF
IMPLEMENTING THE PROVISIONS IN A PROPER
PERSPECTIVE; DIRECTION THAT AFTER CONSTITUTION
OF THE NEW COMMITTEE WHICH HAVE LIBERTY TO
NOTIFY THE MARKET UNDER SECTION-96 OF THE
APMC ACT.
IN W.P.No. 173/2025
BETWEEN
1. PURUSHOTHAM TRADERS
SHOP NO.39, A BLOCK,
DASANAPURA, APMC SUB MARKET YARD,
DASANAPURA, BENALURU-562162,
BY ITS PROPRIETOR G.S.PURUSHOTHAM,
S/O G.SRINIVAS, AGED ABOUT 59 YEARS.
2. MADHU TRADING COMPANY
SHOP NO.76, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
REPRESENTED BY ITS PARTNER,
SRI.C.RADHAKRISHNAN,
S/O CHINNASWAMY,
AGED ABOUT 49 YEARS.
3. SRI.SARASWATHI TRADERS,
SHOP NO.166, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI.C.S.SADANAND,
S/O C.C.SIDDAMARIYAPPA,
27
AGED ABOUT 50 YEARS.
4. SRI.SHARANA BASAVESHWARA TRADING CO.,
SHOP NO.76, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS SMT. NAGARATHNA,
AGED ABOUT 40 YEARS.
5. SRI. MANJU TRADERS,
SHOP NO.25, A BLOCK,
DASANAPURA, APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. G. MANJUNATH,
AGED ABOUT 42 YEARS.
6. B.S.HASABI AND SONS
SHOP NO.101, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR
SRI. MAHANTESH HASABI,
S/O BASAVARAJ,
AGED ABOUT 46 YEARS.
7. SRI LAKSHMI DEVI TRADERS,
SHOP NO.167, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
BY ITS PARTNER SRI.K.SHIVAIAH,
S/O MAGADI KEMPAIAH,
AGED ABOUT 50 YEARS.
8. SRIDHAR TRADERS,
SHOP NO.53, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
BY ITS PROPRIETOR D.VENUPRASAD,
S/O K.N.KEMPEGOWDA,
AGED ABOUT 50 YEARS.
28
9. BENAKA TRADERS
SHOP NO.90, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
BY ITS PROPRIETOR D.VENUPRASAD,
S/O DASE GOWDA,
AGED ABOUT 38 YEARS.
10 . MALLESH TRADERS,
SHOP NO.104, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
BY ITS PROPRIETOR SMT. V. RANI,
W/O BALU,
AGED ABOUT 42 YEARS.
11 . SATHISH KUMAR TRADING CO.,
SHOP NO.42, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
BY ITS PROPRIETOR SATHISH KUMAR
S/O MANCHAIAH
AGED ABOUT 50 YEARS.
12 . N.R.TRADING MANDI,
SHOP NO.67, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
BY ITS PROPRIETOR SRI.GAGAN J,
S/O JAYARAM H,
AGED ABOUT 28 YEARS.
13 . DAYASHANKAR TRADERS,
SHOP NO.112, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162,
BY ITS PROPRIETOR
SRI.OMKARESHWARA B.H,
S/O B.H.BYRAMAIAH,
AGED ABOUT 52 YEARS.
14 . VISWA BHARATHI TRADING CO.,
SHOP NO.108, B BLOCK,
29
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETRIX MS.NAVEENA S,
D/O SRINIVASANA, AGED ABOUT 40 YEARS.
15 . CHAMUNDESHWARI TRADERS,
SHOP NO.87, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. M.VENKATESH,
S/O MAHADEVAIAH, AGED ABOUT 45 YEARS.
16 . BHASKAR TRADERS
SHOP NO.200, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. PUTTASWAMI,
S/O LATE DASEGOWDA,
AGED ABOUT 69 YEARS.
17 . MALLESH TRADING CO.,
SHOP NO.106, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETRIX SMT. VIJAYA,
W/O V.H.OMKARESHWARA,
AGED ABOUT 45 YEARS.
18 . ABHI TRADERS
SHOP NO.11, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETRIX SMT.A. THARESHWARI,
W/O ANILKUMAR, AGED ABOUT 45 YEARS.
19 . LAKSHMI VENKATESHWARA ENTERPRISES,
SHOP NO.117, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETRIX SMT. LALITHA P,
W/O T.VENKATACHALAIAH,
AGED ABOUT 38 YEARS.
30
20 . AKASH ENTERPRISES,
SHOP NO.50, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETRIX SMT.C.P.REKHA,
W/O K.NARAYANA,
AGED ABOUT 36 YEARS.
21 . MANIKANTA ENTERPRISES,
SHOP NO.37, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI.D.S.KARANA,
S/O PEDDANNA, AGED ABOUT 28 YEARS.
22 . SIDDESHWARA ENTERPRISES,
SHOP NO.115, B BLOCK, DASANAPURA
APMC SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162, BY ITS PROPRIETRIX
SMT. RATNAMMA,
W/O SHIVARAM, AGE 37 YEARS.
23 . SRI.SIDDARAMESHWARA TRADING CO,
SHOP NO.96, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. CHANDRASEKHAR B,
S/O BASAPPA,
AGED ABOUT 46 YEARS
24 . SRI.ANJANEYA TRADERS,
SHOP NO.34, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. MANJUNATH C,
S/O CHANDRAPPA,
AGE 40 YEARS.
25 . HARSHA TRADERS,
SHOP NO.165, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. HARSHA K.N.,
31
S/O NAGARAJU H.V,
AGED 33 YEARS.
26 . MAHAKOTESHWARA TRADING CO.,
SHOP NO.178, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI.M.B.SHIVAPRASAD,
S/O M.BASAVANTAPPA,
AGE 52 YEARS.
27 . KARTHIK TRADERS,
SHOP NO.50, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. U.G.NAGARAJU,
S/O GANGADHARAPPA, AGE 48 YEARS.
28 . SIRIDEVI PROVISION STORE,
SHOP NO.36, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETRIX SMT.GOWRAMMA,
W/O CHIKKANNA, AGE 50 YEARS.
29 . MOKAMBIKA TRADERS,
SHOP NO.29, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. MANJUNATH J,
S/O JAYARAMAIAH, AGE 33 YEARS.
30 . SRI BABA TRADING COMPANY,
SHOP NO.120, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI.K.L.SHASHIDHAR,
S/O K.LOKESH, AGE 52 YEARS.
31 . RAJAN TRADING CO.,
SHOP NO. 102, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI.N.SELVAM,
32
S/O NATESHAN M,
AGE 63 YEARS.
32 . J.K.TRADERS,
SHOP NO.8, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PARTNER SRI.K.PALANI,
S/O KANNAPPA REDDY,
AGE 53 YEARS.
33 . RENUKAMBA ENTERPRISES
SHOP NO.135, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU 562 162,
BY ITS PROPRIETOR SRI. CHIKKEGOWDA P.N.,
S/O NARAYANAPPA, AGE 32 YEARS.
34 . R.R.R. TRADERS,
SHOP NO.140, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PARTNER SMT. POOJA R,
W/O R.RAJESHGOWDA, AGE 24 YEARS.
35 . N.N.TRADING COMPANY,
SHOP NO.19, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PARTNER SMT.N.V.DEEPA,
W/O N.V.VINOD KUMAR, AGE 41 YEARS.
36 . S.J.P. TRADERS,
SHOP NO.172, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI. PRABHU S,
AGE 36 YEARS.
...PETITIONERS
(By Sri. R.S. RAVI, SENIOR ADVOCATE FOR
MS. SHILPA RANI, ADVOCATE)
33
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO OPERATION,
M.S.BUILDING, BENGALURU- 560001.
2. THE DIRECTOR OF AGRICULTURAL MARKETING,
RAJ BHAVAN ROAD,
BENGALURU-560001.
3. THE AGRICULTURAL PRODUCE
MARKET COMMITTEE
BY ITS SECRETARY,
YESHWANTHPUR MARKET YARD,
YESHWANTHPUR,
BENGALURU-560022.
...RESPONDENTS
(By SMT. PRATHIMA HONNAPURA, AAG A/W
MS. RASHMI RAO, HCGP FOR R1 & R2;
SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR
SRI. NANDA KISHORE, ADVOCATE FOR C/R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE BELOW SAID IMPUGNED NOTICES
BEARING NO. (1) KRUUUMASA/BEN/
MALIGEVIBHAGHA/3373-3374/ 2024-25 DATED.
20.12.2024 AS PER ANNX-C.
(2) KRUUUMASA/BEN/MALIGEVIBHAGHA/3377-
3378/2024-25 DATED 20.12.2024 AS PER ANNX-C1.
(3) KRUUUMASA/BEN/MALIGEVIBHAGHA/3523/2024-
25 DATED 20.12.2024 AS PER ANNX-C2.
(4) KRUUUMASA/BEN/MALIGEVIBHAGHA/3543/2024-
25 DATED 20.12.2024 AS PER ANNX-C3. AND ETC;
DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTATION OF THE P-1 TO 9, 18, 23 TO 25, 27
AND 28, 32 TO 33 AND 36 DTD. 30.12.2024,
PETITIONERS NO.10 TO 17, 19 TO 22, 26, 29 DATED
31.12.2024 P-30 TO 31, 34 AND 35 DATED 01.01.2025
34
AS PER ANNX-D, D1 TO D35 IN ACCORDANCE WITH
LAW.
IN W.P.No. 540/2025
BETWEEN :
1. ATHITHI TRADING COMPANY
NO.164, B-BLOCK, A.P.M.C. SUB MARKET,
DASANAPURA. BENGALURU - 562 162.
REP. BY ITS PROPRIETOR, SMT.
K.V.BHARATHAMMA,
AGED ABOUT 56 YEARS,
2. SRI VARALAKSHMI TRADERS,
NO.125. B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. SHIVALINGAIAH.K.
S/O. KEMPAIAH.
AGED ABOUT 59 YEARS.
3. N.R.TRADING COMPANY,
NO.114. B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR.
SMT. KAVITHA, W/O. M.B.RAJANNA.
AGED ABOUT 50 YEARS.
4. OM SHAKTI TRADERS,
NO.156, B-BLOCK,
A.P.M.C. SUB MARKET. DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PARTNER
SRI TIRUVENKADAM.V.
AGED ABOUT 58 YEARS.
5. MEERA TRADERS,
NO.207, B-BLOCK.
A.P.M.C. SUB MARKET,
DASANAPURA.
BENGALURU-562 162.
35
REP. BY ITS PROPRIETOR.
SRI.CHANNAMADE GOWDA,
S/O. EERA MADALAH,
AGED ABOUT 64 YEARS.
6. VIGNESHWARA TRADING COMPANY,
NO.123, B-BLOCK,
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI.GANESH,
S/O. KONNAPPA REDDY,
AGED ABOUT 57 YEARS.
7. NISARGA TRADERS,
NO.175, B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI.M.N.MALLIKARJUNAPPA.
S/O. MALLA NANJUNDAPPA.
AGED ABOUT 64 YEARS.
8. JAI GANESH COMPANY.
NO.132, B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI.N.CHAKRAVARTHI.
AGED ABOUT 56 YEARS,
9. SANTOSH TRADERS,
NO.146, B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.B.N.GOVINDAPPA,
S/O. G. NARAYANAPPA.
AGED ABOUT 59 YEARS.
10 . M/S.GANGA AND CO,
NO.176, B-BLOCK.
A.P.M.C. SUB MARKET.
36
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI. BASAVANANJE GOWDA
AGED ABOUT 58 YEARS.
11 . B.N. AGENCIES,
NO.61, A-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PARTNER.
SRI. SHARAN KUMAR.P.
S/O. B.N. PAPANNA.
AGED ABOUT 27 YEARS.
12 . BHASKAR COMMERCIALS,
NO.205. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PARTNER
SRI.N.RAMASWAMY.
S/O. LATE NATARAJAN.
AGED ABOUT 51 YEARS.
13 . RENUKA ENTERPRISES,
NO.80. B-BLOCK. A.P.M.C.
SUB MARKET. DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PARTNER
SRI. ROHIT NAIK.L.
AGED ABOUT 53 YEARS.
14 . DURGAMBA TRADERS,
NO.209, B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI.N.DELHI BABU.
S/O. NARAYANA REDDY.
AGED ABOUT 48 YEARS.
15 . SRI LEEPAKSHI TRADERS,
NO.44, A-BLOCK,
A.P.M.C. SUB MARKET.
37
DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR.
SMT.S.B.SHYLAJA,
AGED ABOUT 49 YEARS.
16 . VINAYAK TRADERS,
NO.14-B. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU - 562 162.
REP. BY ITS PROPRIETOR.
SRI.P.SOUNDARRAJAN.
S/O. PERUMAL.
AGED ABOUT 51 YEARS.
17 . TIPPESWAMY TRADERS,
NO.99, B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR,
SRI.K.SIDDAPPA.
S/O. KARIDAPPA.
AGED ABOUT 74 YEARS.
18 . A J.S.TRADING COMPANY,
NO.192. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI. EJAJ PASHA. S/O. SYED SALAR.
AGED ABOUT 56 YEARS.
19 . SRI BHARATHI TRADING COMPANY,
NO.105. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. VINAYA MURTHY.
S/0. C.NARASIMHAN,
AGED ABOUT 41 YEARS.
20 . AMARESHWARA TRADING COMPANY,
NO.169, B-BLOCK.
38
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI.SIDDAPPA K. BALAGERI.
S/O. KUDALAPPA.
AGED ABOUT 48 YEARS.
21 . VIKAS TRADING COMPANY
NO.150. B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI.SHEIK VIKAS AHMED,
S/O. MUNEER AHMED,
AGED ABOUT 42 YEARS,
22 . M/S. NAIK TRADERS.
NO.168, B-BLOCK,
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI. VEERA NAIK.
S/O. GURU NAIK.
AGED ABOUT 50 YEARS.
23 . SUNIL TRADING COMPANY
NO.16. A-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. RAGHUNATHA GOWDA.R.
S/O. RAME GOWDA.
AGED ABOUT 48 YEARS.
24 . MAHALAKSHMI ENTERPRISES,
NO.157. B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. ABDUL NAZIR M.P.
AGED ABOUT 52 YEARS.
25 . VINAYAK TRADERS,
NO.100. B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA,
39
BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI.MOHAN V.H. S.O.
LATE U.R. HANUMANTHAPPA,
AGED ABOUT 52 YEARS,
26 . MURTHY TRADERS,
NO.97, B-BLOCK,
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR,
SRI.GUJJARAPPA L.G.
S/O. GANGADHARAPPA,
AGED ABOUT 40 YEARS,
27 . M/S.SURYA TRADERS,
NO.149, B-BLOCK.
A.P.M.C. SUB MARKET. DASANAPURA,
BENGALURU - 562 162.
REP. BY ITS PROPRIETOR,
SRI. RAVICHANDRAN.M.
S/O. MUNISWAMY REDDY,
AGED ABOUT 59 YEARS.
28 . P.DORAISWAMY TRADERS,
NO.118, B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU - 562 162.
REP. BY ITS PROPRIETOR, SRI.P.DORAISWAMY.
S/O. PONNAN,
AGED ABOUT 59 YEARS,
29 . HONNA DEVI TRADERS,
NO.164, B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU - 562 162.
REP. BY ITS PROPRIETOR.
SRI. BALAKRISHNA.S.
S/O. SANJEEVA SHETTY
AGED ABOUT 49 YEARS.
30 . CHAITANYA TRADERS,
NO.151, B-BLOCK.
A.P.M.C. SUB MARKET.
40
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PARTNER.
SRI.P.S. MAHENDRA GUPTA.
AGED ABOUT 63 YEARS.
31 . ARFA MERAJ TRADING COMPANY,
NO.113. B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.JAVEED ULLA KHAN.
S/O. NAZEERULLA.
AGED ABOUT 58 YEARS.
32 . BHEEMAMBIKA TRADERS,
NO.111, B-BLOCK, A.P.M.C. SUB MARKET,
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PARTNER, SRI.P.PARAMESH,
AGED ABOUT 47 YEARS.
33 . MAHALINGESHWARA TRADERS,
NO.210. B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PARTNERS.
SRI.RAJAPPA.G. AGED ABOUT 52 YEARS.
34 . BHARANI TRADERS,
NO.195. B-BLOCK.
A.P.M.C. SUB MARKET. DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PROPRIETOR,
SRI.S.S. THOTAIAH.
AGED ABOUT 57 YEARS.
35 . ASHWINI TRADERS,
NO.181. B-BLOCK,
A.P.M.C. SUB MARKET.
DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.S.D. JAGADISH.
S/O. DASAPPA.
AGED ABOUT 53 YEARS.
41
36 . MUNESH AND COMPANY.
NO.128. B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA,
BENGALURU - 562 162.
REP. BY ITS PARTNER SRI.SUBRAMANYA.B.
S/O. B.SESHAIAH.
AGED ABOUT 58 YEARS.
37 . DHARMASTHALA TRADERS.
NO.131. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU-562 162.
REP. BY ITS PARTNER SRI.K.PRASAD.
S/O. LATE KEMPAIAH.
AGED ABOUT 47 YEARS,
38 . GURU KRUPA TRADERS.
NO.95. B-BLOCK.
A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.T.SHIVAKUMAR,
S/O. G.K.THAMANNA.
AGED ABOUT 59 YEARS.
39 . SUDHA TRADERS,
NO.154, B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SRI.B.R. SRINIVAS,
S/O, B.RUDRAPPA.
AGED ABOUT 55 YEARS.
40 . SRI BYRAVANATH TRADING COMPANY,
NO.93. B-BLOCK, A.P.M.C.
SUB MARKET, DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PARTNER
SRI.P.SHEKAR.
S/O. PADAVAT REDDY.
AGED ABOUT 59 YEARS,
42
41. BHUVANESWARI TRADERS,
NO.173, B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA, BENGALURU - 562 162.
REP. BY ITS PROPRIETOR SRI.K. PALANI,
S/O. KANNAPPA REDDY.
AGED ABOUT 54 YEARS,
42 . SRI ADITYA ENTERPRISES,
NO.203, B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR SRI.G.MANIKANTA
AGED ABOUT 57 YEARS.
43 . SRI SHIVAGANGA TRADERS,
NO.18. A-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SMT.REKHA. S/O. NARENDRA BABU.
AGED ABOUT 44 YEARS.
44 . RUDRESWAR TRADERS.
NO.129, B-BLOCK.
A.P.M.C. SUB MARKET. DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR
SMT.PRAMILA, W/O. RAVIKUMAR.
AGED ABOUT 46 YEARS.
45 . LOKESH TRADING COMPANY,
NO.10 B BLOCK APMC SUB MARKET,
DASANAPURA, BENGALURU 502 162
REP. BY ITS PROPRIETOR
SMT.S.M. SHYLAJA,
S/O. LOKESH, AGED ABOUT 46 YEARS.
46 . KOTWAL TRADERS,
NO.205, B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU 562 162
REP, BY ITS PROPRIETOR
SRI.S. SARAVANA. S/O. SELVAM,
43
AGED ABOUT 36 YEARS,
47 . M/S. BIJAPUR TRADING COMPANY,
ONION AND POTATO MERCHANTS AND
COMMISSION AGENTS. NO.126, B-BLOCK.
A.P.M.C. SUB MARKET. DASANAPURA.
BENGALURU 562 162.
REP. BY ITS PARTNER SRI. CHENNA KESHAVA,
S/O. TUPPE GOWDA,
AGED ABOUT 50 YEARS.
48 . SOMANATH TRADING COMPANY,
NO.179. B-BLOCK. A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU 562 162.
REP, BY ITS PROPRIETOR,
SRI. DANAPPA GOWDA.
AGED ABOUT 52 YEARS.
49 . BYRAVESHWARA TRADING COMPANY,
NO.177, B-BLOCK. A.P.M.C. SUB MARKET,
DASANAPURA, BENGALURU 562 162.
REP. BY ITS PROPRIETOR.
SRI. K.M. PARAMASHIVAIAH.
S/O. MALAPPA. AGED ABOUT 45 YEARS,
50 . SRI MANJUNATHA TRADING CO.
NO.170. B-BLOCK.
A.P.M.C. SUB MARKET. DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PARTNER
SRI. P.SHIVA PRASAD BABU,
S/O. P.PRAKASHAM,
AGED ABOUT 38 YEARS.
51 . SRI PUTTARAJU GAVAIE TRADERS,
ONION, POTATO MERCHANTS AND COMMISSION
AGENT. NO.204. B-BLOCK. A.P.M.C.
SUB MARKET. DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PARTNER SRI.S. LINGARAJU.
S/O. LATE SHIVANNA.
AGED ABOUT 70 YEARS.
44
52 . ADISHWAR TRADING COMPANY,
NO,182, B-BLOCK.
A.P.M.C. SUB MARKET. DASANAPURA,
BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI.MUNIRAJU. S/O. BYREGOWDA.
AGED ABOUT 48 YEARS.
53 . M/S.IMRAN SHARIEFF AND COMPANY,
NO.152, B-BLOCK.
A.P.M.C. SUB MARKET, DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI. IMRAN SHARIEFF.
S/O. G.S.ANWAR SHARIEFF.
AGED ABOUT 40 YEARS.
54 . JAI HANUMAN TRADERS.
NO.122, B-BLOCK, A.P.M.C. SUB MARKET.
DASANAPURA. BENGALURU-562 162.
REP. BY ITS PROPRIETOR.
SRI.S.PRAVEEN KUMAR.
S/O. R.SIDDAPPA.
AGED ABOUT 45 YEARS.
55 . AASHIRWAD TRADING COMPANY,
NO.161, B-BLOCK,
A.P.M.C. SUB MARKET. DASANAPURA.
BENGALURU-562 162.
REP. BY ITS PARTNER
SRI. SYED PASHA JOHN.
S/O. LATE SYED GUDAAN,
AGED ABOUT 64 YEARS,
56 . BYLANJANEYA TRADERS,
NO.183, B-BLOCK, A.P.M.C. SUB MARKET,
DASANAPURA.
BENGALURU - 562 162.
REP. BY ITS PARTNER
SRI.S.H.CHANDRASHEKAR REDDY.
S/O. LATE HANUMA REDDY.
AGED ABOUT 61 YEARS
45
...PETITIONERS
(By Sri. B R SATENAHALLI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF COOPERATION.
VIKASA SOUDHA.
DR.B.R.AMBEDKAR VEEDHI.
BENGALURU - 560 001.
2. THE DIRECTOR OF AGRICULTURAL
MARKETING, NO.16, II, RAJ BHAVAN ROAD,
BENGALURU - 560 001.
3. THE SECRETARY,
APMC YARD.
YESHWANANTPUR INDUSTRIAL SUBURB,
YESWANTHPUR.
BENGALURU - 560 022.
...RESPONDENTS
(By SMT. PRATHIMA HONNAPURA, AAG A/W
MS. RASHMI RAO, HCGP FOR R1 & R2;
SRI. JAYAKUMAR S PTAIL, SENIOR ADVOCATE FOR
SRI. NANDA KISHORE, ADVOCATE FOR C/R3 )
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUION OF INDIA PRAYING TO
QUASH THE IMPUGNED NOTICES DATED 20.12.2024
BEARING NO.KRU.U.MA.SA(BIR)/ MALIGE/
VIBHAGYA.3395-3396/ 2024-25, 3499/2024-25,
3393/2024-25, 3419/2024-25, 3433/2024-25,
3532/2024-25, 3497/2024-25, 3403-3404/2024-25,
3313/2024-25, 3414/2024-25, 3429/2024-25,
3379/2024-25, 3555/2024-25, 3452/2024-25
3411/2024-25, 3387/2024-25, 3544/2024-25,
3390/2024-25, 3511/2024-25, 3522/2024-25,
3443/2024-25, 3515/2024-25, 3479/2024-25,
3478/2024-25, 3510/2024-25, 3494/2024-25,
46
3521/2024-25, 3416/2024-25, 3392/2024-25,
3489/2024-25, 3556/2024-25, 3546/2024-25,
3535/2024-25, 3501/2024-25, 3503/2024-25,
3476/2024-25, 3513/2024-25, 3384/2024-25,
3530/2024-25, 3553/2024-25, 3334/2024-25,
3468/2024-25, 3502/2024-25, 3487/2024-25,
3310/2024-25, 3556/2024-25, 3476/2024-25,
3400/2024-25, 3525/2024-25, 3527/2024-25,
3554/2024-25, 3536/2024-25, 3418/2024-25,
3496/2024-25, 3518/2024-25, AND 3537/2024-25
PRODUCED AT ANNX-B1 TO B-56 RESPECTIVELY;
DIRECT THE R-2 TO 3 TO HOLD AN ELECTION OF THE
COMMITTEE AFTER DECLARATION OF SUCH
NOTIFICATION.
IN W.P.No. 692/2025
BETWEEN
1. K. R. KRISHNA AND COMPANY
POTATO, ONION COMMISSION MERCHANTS,
REPRESENTED BY ITS PROPRIETOR
NISHITA K, NO. 162
'B' BLOCK, APMC YARD,
DASANAPURA, - 562162
REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932).
2. AJJAYYA TRADING COMPANY
ONION, POTATO, GARLIC MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
SRI. K. S.NARASIMHAMURTHY
NO.52, A-BLOCK, APMC SUB-MARKET,
DASANAPURA, -562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932).
3. VNS TRADERS
ONION, POTATO, MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
47
SRI. DHANDAPANI
NO. 155, B-BLOCK,
APMC SUB-MARKET,
DASANAPURA,
BANGALORE - 562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932).
4. H. RUDRAIAH
PATATO, ONION, GINGER MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
H. RUDRAIAH
NO. 142, B-BLOCK,
APMC YARD SUB-MARKET DASANAPURA,
BANGALORE-562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932).
5. H.S.B.TRADERS
POTATO, ONION, GINGER AND GARLIC
MERCHANTS AND COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
LIAYAKATH NO.91, B-BLOCK,
APMC YARD SUB-MARKET
DASANAPURA, BANGALORE-562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932)
6. INDIA TRADING COMPANY
POTATO, ONION, GINGER AND GARLIC
MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
SHAFFI AHAMAD KHAN NO. 107,
B-BLOCK, APMC YARD SUB-MARKET,
DASANAPURA, BANGALORE-562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932).
7. SHIVASHANKAR TRADERS
POTATO, ONION, GINGER AND GARLIC
MERCHANTS AND COMMISSION AGENTS,
48
REPRESENTED BY ITS PROPRIETOR
K.J.SHANKARA
SHOP AT,
APMC YARD SUB-MARKET,
DASANAPURA
BANGALORE - 562 162.
8. SRI.JYOTHIRLINGA TRADERS
POTATO, ONION, MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
A.S.PRAKASH NO.211, B-BLOCK,
APMC YARD SUB-MARKET,
DASANAPURA,
BANGALORE - 562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932)
9. H.R.TRADERS
POTATO, ONION, MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
H.PRASANNAKUMAR
NO.98, B-BLOCK,
APMC YARD SUB-MARKET, DASANAPURA,
BANGALORE - 562162
(REGISTERED UNDER INDIAN PARTNERSHIP ACT,
1932)
10 . CHANDRU TRADERS
POTATO, ONION, MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
V.CHANDRAPPA
NO. 139, B-BLOCK,
APMC YARD SUB-MARKET,
DASANAPURA,
BANGALORE - 562162.
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932)
11 . BABU TRADERS
POTATO, ONION, MERCHANTS AND
49
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
S. DHANAPAL NO. 180, B-BLOCK,
APMC YARD SUB-MARKET, DASANAPURA,
BANGALORE-562162 (REGISTERED UNDER
INDIAN PARTNERSHIP ACT, 1932).
12 . KAVITHA AND COMPANY
POTATO, ONION, MERCHANTS AND COMMISSION
AGENTS, REPRESENTED BY ITS PROPRIETOR
V.BYREGOWDA NO.92, B-BLOCK,
APMC YARD SUB-MARKET, DASANAPURA,
BANGALORE - 562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932)
13 . JAI SAI RAM TRADERS
POTATO, ONION, MERCHANTS AND
COMMISSION AGENTS,
REPRESENTED BY ITS PROPRIETOR
K.SUDHAKAR NO. 130, B-BLOCK,
APMC YARD SUB-MARKET,
DASANAPURA, BANGALORE - 562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932).
14 . BHASAKAR TRADING COMPANY
POTATO, ONION, MERCHANTS AND COMMISSION
AGENTS, REPRESENTED BY ITS PROPRIETOR
B.N.SRINIVAS NO. 121, B-BLOCK,
APMC YARD SUB-MARKET, DASANAPURA,
BANGALORE - 562162
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932)
15 . SRI.RAGHAVENDRA TRADING COMPANY
POTATO, ONION, GARLIC MERCHANTS
COMMISSION AGENTS REPRESENTED BY
GURRAPPA NO.73, A-BLOCK, ITS PROPRIETOR
APMC YARD SUB-MARKET, DASANAPURA, 210
BANGALORE - 562 162.
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932)
50
16 . M/S.SHIVANAGA TRADERS
POTATO. ONION, MERCHANTS AND
COMMISSION AGENTS, REPRESENTED BY ITS
PROPRIETOR RAVIKUMAR.H
NO.212, B-BLOCK, APMC YARD
SUB-MARKET DASANAPURA 562162
BANGALORE - 562 162.
(REGISTERED UNDER INDIAN
PARTNERSHIP ACT, 1932).
...PETITIONERS
(By SRI. NARAYANA SWAMY V K, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF COOPERATION,
M.S.BUILDING, BENGALURU - 560001.
2. THE DIRECTOR OF AGRICULTURAL MARKETING
RAJ BHAVAN ROAD, BENGALURU - 560001.
3. THE AGRICULTURAL PRODUCE
MARKET COMMITTEE,
BY ITS SECRETARY,
YESHWANTHAPUR MARKET YARD,
BENGALURU - 560022.
...RESPONDENTS
(By Smt. PRATHIMA HONNAPURA, AAG A/W
MS. RASHMI RAO, HCGP FOR R1 & R2;
SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI. NANDA KISHORE, ADVOCATE FOR C/R3 )
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUION OF INDIA PRAYING TO DIRECT
QUASHING THE BELOW THE SAID IMPUGNED NOTICES
ISSUED BY R-3 BEARIGNG NO.
51
1. KRULUMASA/BEN/MALIGEVIBHAGA/3519/2024-25
DATED 20.12.2024 AS ANNX-C;
2. KRULUMASA/BEN/MALIGEVIBHAGA/3375-
3376/2024-25 DATED 20.12.2024 AS ANNX-C1
3. KRULUMASA/BEN/MALIGEVIBHAGA/3514/2024-25
DATED 20.12.2024 AS ANNX-C2 AND ETC;
DIRECTING THE RESPONDENTS TO CONSIDER THE
REPRESENTATIONS OF THE PETITIONERS NO. 1 TO 16
DATED 01.01.2025, 30.12.2024 AND 31.12.2024 AT
ANNX-D, D1 TO D15 IN ACCORDANCE WITH LAW.
IN W.P.No. 1536/2025
BETWEEN
1. SMP TRADERS
SHOP NO.2, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR B.SHANKAR,
S/O BALAKRISHNAN
AGED ABOUT 57 YEARS.
2. SHANKER ENTERPRISES,
SHOP NO.188, B BLOCK,
DASANAPURA, APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
A PARTNERSHIP FIRM REPRESENTED
BY ITS PARTNER, K.K.NINGE GOWDA,
S/O KARI GOWDA,
AGED ABOUT 48 YEARS
3. CHANNIGARAA SWAMY TRADERS,
SHOP NO. 124, B BLOCK, DASANAPURA APMC
SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162, BY ITS PROPRIETOR
SRI.C. RAJANNA, S/O CHIKKA CHENNAPPA,
AGED ABOUT 57 YEARS.
4. GEETHA ENTERPRISES,
SHOP NO.144, B BLOCK, DASANAPURA
52
APMC SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162,
BY ITS SMT.GETHA A.N.,
W/O OBALAIAH,
AGED ABOUT 43 YEARS.
5. USHA ANAND AND CO,
SHOP NO. 127, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI.S.ANAND,
S/O M.K.SWAMY,
AGED ABOUT 48 YEARS.
6. VANI TRADING CO., SHOP
NO.206, B BLOCK, DASANAPURA
APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562162
A PARTNERSHIP FIRM REPRESENTED
BY ITS PARTNER SRI.G. ELUMALAI,
S/O SALAI GOPAL
AGED ABOUT 49 YEARS
7. MALAGANGA TRADERS
SHOP NO. 116, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU 562 162,
A PARTNERSHIP FIRM, REPRESENTED BY ITS
PARTNER SRI.V.C. NATARAJ.
S/O V M.CHINNAPPA REDDY.
AGED ABUT 42 YEARS
8. CHOWDAPPA KUMAR SHASHI,
SHOP NO.138, B BLOCK, DASANAPURA APMC
SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162, BY ITS PROPRIETOR
SRI. SHASHI KUMAR, S/O CHOWDAPPA,
AGED ABOUT 34 YEARS
9. KATTA COMMERCIALS,
SHOP NO. 147, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU 562 162,
53
A PARTNERSHIP FIRM, REPRESENTED BY ITS
PARTNER, SRI.K T. GOVIDA RAJA SHETTY,
S/O K. THIMMAIAH SHETTY,
AGED ABOUT 56 YEARS
10 . SRI SARAVANA TRADING CO.,
SHOP NO. 21, A BLOCK,
DASANAPURAAPMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR G. MUNISWAMY,
S/O GOVINDASWAMY, AGED ABOUT 47 YEARS.
11 . NEELAKANTESHWARA TRADING CO..
SHOP NO.86, 8 BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162, BY ITS
PROPRIETOR SRI.M.S.KRSHNA MURTHY,
S/O SUBBARAYA SHASTRI,
AGED ABOUT 54 YEARS.
12 . VIRUPAKSHA TRADERS,
SHOP NO. 159, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162 ,
BY ITS PROPRIETRIX SMT BHANU
W/O J SATHISH
AGED ABOUT 40 YEAR.
13 . JAI BHAVANI TRADING CO.,
SHOP NO.63, A BLOCK, DASANAPURA APMC
SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162, A PARTNERSHIP FIRM,
REPRESENTED BY ITS PARTNER,
RAJ B SONA S/O BHAVIN H SONA,
AGED ABOUT 21 YEARS
14 . ARASU AND CO.,
SHOP NO. 199, B BLOCK,
DASANAPURA APMC
SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162,
A PARTNERSHIP FIRM,
REPRESENTED BY ITS
54
PARTNER K.ARMUGHAN,
S/O KRISHNA REDDY,
AGED ABOUT 55 YEARS.
15 . SACHIN TRADERS,
SHOP NO.94, B BLOCK,
DASANAPURA APMC
SUB MARKET YARD,
DASANAPURA,
BENGALURU-562 162,
BY ITS PROPRIETOR
SRI. G. VENKATESH,
S/O GANESH M
AGED ABOUT 53 YEARS
16 . SHREE TULAJABHAVANI TRADING CO.,
SHOP NO. 153, B BLOCK, DASANAPURA
APMC SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162, A PARTNERSHIP FIRM,
REPRESENTED BY ITS PARTNER,
SRI. S. VENKATESH RAO,
AGED ABOUT 43 YEARS.
17 . SREE DEVI AND CO.,
SHOP NO. 110, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI.S. SRINIVASAN,
S/O SUBBARAYAREDDY, AGE MAJOR
18 . SUBHA ENTERPRISES
SHOP NO.30, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETRIX SMT. GEETHA GOWDA
S/O GANGADHAR, AGE MAJOR.
19 . SRI. BYRAVESHWARA TRADERS,
SHOP NO. 171, B BLOCK,
DASANAPURA APMC
SUB MARKET YARD, DASANAPURA,
BENGALURU-562 162,
BY ITS PROPRIETOR
55
SRI. R. ANJANEYA REDDY, S/O R.
VENKATASUBBA REDDY,
20 . K.I.S. TRADERS,
SHOP NO.57, A BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR
SRI. AHMED S, S/O K.I.SATTAR, AGE MAJOR.
21 . GALAXY AGENCIES,
SHOP NO. 148, B BLOCK,
DASANAPURA APMC SUB MARKET YARD,
DASANAPURA, BENGALURU-562 162,
BY ITS PROPRIETOR SRI MOHD SOHAIL,
S/O MUSTAQ AHAMED, AGE MAJOR.
ALL FIRMS ARE UN REGISTERED FIRMS AND
UNREGISTERED PARTNERS.
...PETITIONERS
(By Sri. R. S.RAVI, SENIOR ADVOCATE FOR
MS. SHILPA RANI, ADVOCATE)
AND:
1. THE STATE OF KARNATKAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF COOPERATION,
M.S.BUILDING, BENGALURU-560 001.
2. THE DIRECTOR OF
AGRICULTURAL MARKETING,
RAJ BHAVAN ROAD,
BENGALURU-560 001
3. THE AGRICULTURAL PRODUCE
MARKET COMMITTEE
BY ITS SECRETARY
YESHWANTHPUR MARKET YARD,
YESHWANTHPUR,
BENGALURU-560 022.
RESPONDENTS
56
(By SMT. PRATHIMA HONNAPURA, AAG A/W
MS. RASHMI RAO, HCGP FOR R1 & R2;
SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI. NANDA KISHORE, ADVOCATE FOR C/R3 )
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTIN OF INDIA PRAYING TO
QUASH THE IMPUGNED NOTICE AT ANNX-C, C1 TO C20
BARING NOS. KRUUUMASA/BEN/MALIGEVIBHAGHA/
3441/2024-25 DATED 20.12.2024 ANNX-C;
KRUUUMASA/BEN/ MALIGEVIBHAGHA/3542/2024-25
DATED 20.12.2024 ANNX-C1. BARING NO.
KRUUUMASA/BEN/ MALIGEVIBHAGHA/3498/2024-25
DATED 20.12.2024 ANNX-C2. KRUUUMASA/BEN/
MALIGEVIBHAGHA/ 3507/2024-25 DATED 20.12.2024
ANNX-C3; KRUUUMASA/ BEN/
MALIGEVIBHAGHA/3500/2024-25 DATED. 20.12.2024
ANNX-C4 AND ETC
DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTATION OF THE P-1 TO 4 AS PER ANNX-D1
TO D3 DATED 30.12.2024, P-5 AND 6 DATED
31.12.2024 AS PER ANNX-D4 AND D5 P-7 DATED.
01.01.2025 AS PER ANNX-D6, AND P-8 TO 11 DATED
02.01.2025 AS PER ANNX-D7 TO D10, P-12 TO 14,
DATED. 03.01.2025, AS PER ANNX-D11 TO D13 AND P-
15 DATED 04.01.2025 AS PER ANNX-D14, P-16 AND 17
DATED 30.12.2024 AS PER ANNX-D15 AND D16, P-18
AND 19 DATED. 01.01.2025 AS PER ANNX-D17 AND
D18, PETITIONER NO. 20 DATED. 07.01.2025 AS PER
ANNX-D19, P-20 DATED. 07.01.2025 AS PER ANNX-D19,
AND P-21 DATED. 09.01.2025 AS PER ANNX-D20.
THESE WRIT PETITIONS HAVING BEEN HEARD
AND RESERVED AND COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
57
CAV ORDER
These writ petitions are by the Market
Functionaries from Yeshwanthpur Market and
Dasanapura Sub-market Yard. These petitioners are
aggrieved by the State Government's decision to
withdraw the regulation of marketing of Onion,
Garlic, Ginger and Potato from the Yeshwanthpur
Market Yard and limit it to Dasanapura Sub-market
Yard with relaxation of the restriction under Rule 7[2]
of the Karnataka Agricultural Produce Marketing
[Regulation of Allotment of Property in Market Yards]
Rules, 2004, [for short, 'the APMC Allotment Rules'] on
a Market Functionary owning more than one
shop/site/Godown in the Market and the
consequential notifications issued by the Agricultural
Produce Marketing Committee [for short, 'APMC'],
Yeshwanthpur. These petitioners have also sought
directions to the State Government to hold elections
to the Market Committee contending that it has been
over five years since the end of the tenure of the
earlier Market Committee.
58
2. The present set of writ petitions are after
multiple earlier proceedings emanating from the State
Government's decision to confine the transaction in
Onion, Garlic, Potato and Ginger to Dasanapura Sub-
market Yard. Therefore, this Court must refer to the
notifications issued and the details of the earlier
proceedings before adverting to the rival contentions
and the questions that will have to be decided.
The details of the Notifications/ Orders under the
APMC Act1 and the subsequent judicial
proceedings.
3. The State Government, in exercise of its
powers under the APMC Act, has declared an extent
measuring 38 acres 9 guntas in Yeshwanthpura -
Tumakuru Road, Bengaluru as 'the Yeshwanthpura
Market', and thereafter, the State Government has
issued several Notifications for regulating the trading
1 The Karnataka Agricultural Produce Marketing [Regulation
and Development] Act, 1966, and this Act for short is
referred to as 'the APMC Act'].
59
of several agricultural produce, including Onion,
Garlic, Potato and Ginger, within this Market.
3.1 The State Government has issued
the Notification declaring an area measuring 67.25
acres in Vaderahalli Village as Dasanapura Sub-
market for regulating transaction in Potato and
Garlic, and later, the State Government has issued
other Notifications for regulating transaction in
Potato, Garlic, Onion and Ginger and other
agricultural produce both in Yeshwanthpur Market
Yard and Dasanapura Sub-market Yard.
Subsequently, the APMC has issued Notifications
inviting applications for allotment of shops on a
leave and license basis in the Dasanapura Sub-
market Yard.
3.2 The Notifications declaring the
Dasanapura Sub-market Yard is called in question
in the writ petitions in WP Nos.35251-35379/2013,
and the Notification inviting applications for
allotment of shops on Leave and License in the
60
Dasanapura Sub-market Yard is called in question
in the writ petitions in WP Nos. 7389-7658/2013.
This Court has disposed of the writ petitions in WP
Nos. 7389-7658/2013 on 27.02.2013 opining that
there is no reason for interference with the
Notification issued inviting applications for
allotment of shops on a Leave and License contract
in the Dasanapura Sub-market Yard.
3.3 However, this Court, considering the
grievance that the market functionaries in the
Dasanapura Sub-market Yard would be put to
hardship because the amenities are not yet
developed and that no decision is taken on the
pending representations, has directed the APMC to
call a meeting of the Office Bearers of the
Association of the Market functionaries to discuss
their problems and to address the same while
observing that the APMC cannot compel such
petitioners to shift their business from the
61
Yeshwanthpur Market Yard to the Dasanapura Sub-
market Yard.
3.4 This Court, by this order dated
27.02.2013, has also granted further time to the
Market Functionaries to apply for allotment of
Godowns/Shops in the Dasanapura Sub-market
Yard. On 16.09.2013, this Court has disposed of the
other writ petitions in WP Nos. 35251-35379/2013
[which is filed calling in question the declaration of
Dasanapura Sub-market Yard] in view of the
decision in the writ petitions in W.P. Nos.7389-
7658/2013.
3.5 The APMC, in the year 2017 [vide
the Notification dated 16.08.2017], has directed the
Market Functionaries who had been allotted shops
at Dasanapura Sub-market yard to trade only in
Onion and Garlic in this Sub-market yard while also
stipulating that they must ensure that these
produces are taken only to this Market. This
Notification dated 16.08.2017 is called in question
62
in the writ petitions in WP Nos. 25290 of 2018 and
connected matters. This Court has disposed of these
petitions on 15.09.2018, but on 03.07.2018 had
granted interim order in the initial days observing
that the direction by the APMC was just and proper
and allowing some time to such functionaries to
shift their trading from Yeshwanthpur Market to
Dasanapura Sub-market yard.
3.6 In other writ petitions in WP Nos.
25042/2018 and connected petitions, which are
also filed impugning the Notification dated
16.08.2017 and disposed of on 05.02.2019, this
Court has observed that the Director, APMC must
consider the difficulties that the Traders/Market
Functionaries may have in conducting transactions
at two Markets and whether Potato, Garlic and
Onion could eventually be confined to one Market.
3.7 The State Government, in the light
of these different proceedings and the Court's
observation as aforesaid, has issued Order dated
63
17.01.2023 granting [i] permission for the shifting of
regulated marketing of Onion, Potato, Garlic and
Ginger completely from the Yeshwanthpura Market
Yard to the Dasanapura Sub-market Yard, and [ii]
prior permission to the APMC, relaxing the
restriction under Rule 7[2] of the APMC Allotment
Rules, to allot shops in Dasanapura Sub-market
Yard to every Market Functionary who possess a
shop at Yeshwanthpura Market and who transact in
these produces.
3.8 The Director, APMC has
consequently published the Notification dated
18.01.2023 inviting objections to the proposal to
declare Dasanapura Sub-market yard as the
regulated market area for Onion, Potato, Garlic and
Ginger. The Director, APMC, upon consideration of
the objections received, has issued the Notification
dated 24.02.2023 under Section 6[3] of the APMC
Act notifying Block A, B, C and D in Dasanapura
Sub-market yard to be the Market Area for
64
Regulated Marketing of Onion, Potato, Garlic and
Ginger.
3.9 In the meantime, the Government
Order dated 17.01.2023 is called in question in the
writ petitions in WP Nos. 5455/2023 and
5452/2023. The Market Functionaries, who have
impugned this Government Order dated 17.01.2023,
have also sought for certain relief/s in these
petitions. This Court, by the Order dated
23.11.2024, has dismissed the petitions in WP No.
5455/2023 and 5452/2023 opining that there is no
merit in the contentions raised as against the
challenge to the order dated 17.01.2023 but issuing
certain directions. This Court's directions are about
accommodating the market functionaries from
Yeshwanthpur Market in Dasanapura Sub- market.
3.10 This Court's directions are in the
light of the Memo placed on record by the APMC
with certain details, and these details are:
65
"[a] There are 219 Market Functionaries
in Yeshwanthpura Market who
transact in Onion, Garlic, Ginger and
Potato and possess premises, and
they will be relocated with allotment
of premises in Dasanapura Sub-
market yard Yard. There are 265
shops of different dimensions.
[b] The 64 of these Market Functionaries
[who transact in the subject 4
produces] possess premises
measuring over 1,000 square feet.
There are 132 shops measuring
between 1,000 square feet and
1,500 square feet in the Dasanapura
Sub-market yard Yard. These 64 of
these Market Functionaries can be
allotted from out of these 132 shops.
[c] The 44 of the Market Functionaries
in Yeshwanthpura Market [who
transaction in the subject 4
produces] possess premises
measuring between 1500 Sq Ft and
2,000 square feet. However, the
Dasanapura Sub-market yard Yard
66
does not have shops of these
measurements. These 44 Market
Functionaries can be allotted shops
out of the remaining 132 shops
measuring between 1000 and 1500
square feet.
[d] The 21 of these Market Functionaries
possess premises measuring over
2,000 square feet. There are 23
shops Dasanapura Sub-market Yard
measuring over 2000 square feet.
The 21 of the Market Functionaries
can be allotted from out of these 23
shops.
[e] If 129 Market Functionaries from
Yeshwanthpura Market could be
thus accommodated in Dasanapura
Sub-market yard, the remaining 90
Market Functionaries could also be
accommodated in the Sub-market
yard because 43 of the Market
Functionaries transacting from this
Sub-market yard in other produce
will be moved to Yeshwanthpura
Market and 55 Market functionaries
in Dasanapura Sub-market yard will
67
have to yield possession because
their leave and license contracts
have expired."
The APMC has also placed on record that it has a
certain extent of Open Auction Platform [measuring
1,56,510 sq. mts.] and that the Market
Functionaries/Traders in Onion, Garlic, Ginger and
Potato could also be accommodated in this open
platform.
3.11 This Court, in the light of the Memo
filed in terms above, has directed the APMC to
ensure that "the existing Market Functionaries who
are required to shift to the Dasanapura Sub-market
Yard are accommodated in the 420 shops indicted in
the memo in the manner stated above, and that "the
APMC shall ensure that the market functionaries are
allotted shops in the Dasanapura Sub-market yard
commensurate or in proportion to the extent of space
that they already possess in Yeshwanthpur yard".
68
The details of the present writ petitions in WP
No.4124/2023 and WP No.4132/2023
4. These Petitions are by eight [8] market
functionaries [the Traders] from Yeshwanthpura
Market, and they have called in question the State
Government's Order dated 17.01.2023 and the
consequential Notification dated 18.01.2023 inviting
objections to the proposal in terms of the Government
Order. The petitioners have also sought for directions
to conduct elections to the Market Committee and
thereafter constitute a Special Market Committee as
per the APMC Act.
The details of the present writ petition in WP
No.5007/2023
4.1 This Petition is by twenty-six [26]
market functionaries [the Traders] from the
Yeshwanthpura Market calling in question the
Notification dated 17.01.2023 and the Notifications
69
dated 18.01.2023 and 24.02.2023 and for direction2
to conduct elections to the Yeshwanthpura Market
Committee and thereafter to constitute a New
Committee under Section 11 of the APMC Act.
The details of the present writ petition in WP No.
173/2025
4.2 This writ petition is filed by thirty-
six [36] market functionaries [the Traders] from
Dasanapura Sub-market yard calling in question the
different but similar Notices dated 20.12.2024 issued
by the Secretary A.P.M.C. The Secretary has issued
these Notices dated 20.12.2024 [Annexures - A1 to
A41] informing the petitioners that they must
handover the vacant possession of the respective
shops to the APMC because [a] they have not used
the premises for the purposes for which it is allotted
to them and [b] the maximum 55 months period of
leave and license has expired.
2 The petitioners have also sought for declaration that the
APMC Act would not apply to the Bangalore Metropolitan
area
70
The details of the present writ petition in WP No.
540/2025
4.3 These fifty-six [56] petitioners are
also Market Functionaries from Dasanapura Sub-
market yard and they have been issued with Notices
dated 20.12.2024 [Annexures B1-B56] to vacate and
handover possession of the premises in their
possession because [a] they have not used the
premises for the purposes for which it is allotted to
them and [b] the maximum 55 months period of leave
and license has expired.
The details of the present writ petition in WP No.
3011/2025
4.4 These are the petitioners in WP No.
540/20253. If these petitioners have filed the petition
in WP No. 540/2025 impugning the Show cause
Notices dated 20.12.2024, but with the Secretary
APMC Yeshwanthpur issuing the Endorsements
dated 24.01.2025 rejecting their response/request
3 The two of the petitioners in WP 540/2025 have not joined
these petitioners, and ostensibly because they have not
caused any reply and therefore the Secretary, APMC has not
issued them with the Endorsement.
71
upon considering their replies to such show-cause
notices, these petitioners have called in question
such Endorsements. The petitioners had filed their
response/reply requesting for change of their Leave
and License contracts to lease -cum-sale contracts.
The details of the present writ petition in WP No.
692/2025
4.5 This petition is by sixteen [16]
market functionaries from the Dasanapura Sub-
market, and these petitioners have also been issued
with Show Cause Notices dated 20.12.2024 calling
upon them to vacate and handover the vacant
possession of the premises stating that [a] they have
not transacted in the produce for which leave and
license is granted, [b] they have not used the
premises continuously, [c] the maximum period of 55
months of leave and license has expired and [d] they
are in arrears of leave and license fee. The
petitioners, who have been issued separate notices,
are also informed about the specific license fee, which
according to the APMC, they have let in arrears.
72
The details of the present writ petition in WP No.
1536/2025:
4.6 These 21 Market Functionaries are
from the Dasanapura Sub-market yard, and they
have been issued with Show Cause notices dated
20.12.2024 [Annexures C-C20] alleging that [a] they
have not transacted in the produce for which leave
and license is granted, [b] they have not used the
premises continuously, [c] the maximum period of 55
months of leave and license has expired and [d] they
are in arrears of leave and license fee. The petitioners
are informed about the license fee, which according
to the APMC, they have let in arrears.
The reason for the show-cause notices and the
endorsements impugned in the aforesaid
petition:
5. The petitioners have been allotted the
respective shops on Leave and Licence contracts
based on the applications filed by them in response
to a notification, the seniority inter-se amongst the
applicants and the different parameters that are
73
contemplated under the Rule 13 of the APMC Rules.
After this Court's order dated 23.11.2024 in WP Nos.
5455/2023 and 5452/2023 supra, the Secretary,
APMC, Yeshwanthpura has issued notice [in
December 2024] to the petitioners, who are allotted
shops in the Dasanapura Sub-market yard, to vacate
and handover the possession of such premises.
5.1 The Secretary, APMC,
Yeshwanthpur, has issued notices to these
petitioners stating inter alia that they have not used
the premises for the purpose for which it is allotted,
they have not used the premises continuously, the
leave and license period has expired, and they are in
arrears of license fee. If some petitioners have
challenged the very jurisdiction and cause for issuing
the show cause notice, the petitioners in WP No.
540/2025 have filed representation/s apart from
calling in question such notices on the same
grounds.
74
5.2 These petitioners4 have challenged
the show-cause notices contending that the notices
are not as envisaged under the leave and license
contracts and that these notices are issued by a
person who has no jurisdiction. They have also stated
that, after receipt of the notices, they have submitted
their representations between 30.12.2024 and
09.01.2025 and the Secretary, APMC, Yeshwanthpur
has not considered these representations. The
petitioners' representations are for conversion of the
leave and licence contracts to lease-cum-sale
contracts or for the extension of the leave and license.
5.3 The petitioners have challenged the
jurisdiction to issue show cause notices on the
following grounds.
[i] An Administrator can only take day-to-day
decisions and the decision to vacate them
is without jurisdiction.
4 The petitioners contest the allegation that they have let any
Leave And License in arrears.
75
[ii] An Administrator can be in office only for
one year, and an extended period of
another six months as contemplated under
section 130 of the APMC Act, but the
elections to the Marketing Committee is
not held for over five years and an
Administrator is in charge of the affairs.
[iii] This Court in WP Nos. 5455/2023 and
5452/2023 supra has not directed
eviction and there cannot be a direction
against them in their absence [they are not
party to the proceedings in WP Nos.
5455/2023 and 5452/2023 supra.
[iv] The leave and license contracts have been
renewed because they have continued
their businesses.
5.4 This Court on 09.01.2025 in WP No.
173/20255 has granted the interim order directing
the APMC not to take any action to evict the
petitioners from the respective premises but
observing that this order shall not impede the APMC
5 This Court has granted similar orders in the other writ
petitions as well.
76
passing orders on the petitioners' pending
representation. This Court has also observed that
Rule 12 of the APMC Allotment Rules enables a
licensee to request for conversion of Leave and
License Contracts to Lease-cum-Sale Contracts.
5.5 The APMC, in its meeting on
23.01.2025, has decided to refuse the petitioners'
request for change of the Leave and License Contract
observing that:
[a] Rule12 [2] of the APMC Allotment Rules does
not provide for compulsory change from Leave
And License Contract to Lease-Cum-Sale
Contract.
[b] the decision to permit a change from a leave
and license contract to a lease-cum-sale
contract will only be in the APMC's discretion
[c] this Court in WP No. 5452/2023 and
5455/2023 has directed:
• the shifting of the transaction in Onion,
Garlic, Ginger and Potato to the
Dasanapura Sub-market yard, and
• to accommodate the Market
Functionaries in Yeshwanthpur Sub-
77
market yard transacting in these
agricultural produces in the Dasanapura
Sub-market yard Yard.
5.6 The APMC, consistent with the
opinion that the Rule 12[2] of the APMC Allotment
Rules does not mandate a change from Leave and
License Contract to Lease-cum-Sale Contract and
such change can be only in its discretion and that
the petitioners must vacate because the regulation of
the marketing of Onion, Garlic, Ginger and Potato
must be in the Dasanapura Sub-market yard, has
issued the impugned Endorsements informing that
the request for change to Lease-cum-Sale Contract is
rejected.
The details of the Affidavits 06.03.2025 and the
Additional Affidavit filed by the APMC6.
6. The Secretary, APMC, Yeshwanthpur has
filed this affidavit stating that there are 157 shops
6. The APMC has file its Statement of Objections, but it has
also filed these Affidavit/ Additional affidavit for a
sympathetic consideration of the petitioners' request to be
accommodated in Dasanapura Sub-market yard.
78
with different dimensions [either measuring around
600 sq. ft or below the same] and the following about
nine petitioners who deal in Rice and Pulses.
[a] The four petitioners in WP. No.173/2025
[the petitioner No.24, 28, 32 and 35], the
three petitioners in No.540/2025 [the
petitioner Nos. 16,11, and 43] and two
petitioners in No.1536/2025 [the
petitioner Nos.13 and 18] will not be
entitled to be accommodated in
Dasanapura Sub-market yard because
they are traders in rice and pulses and
with this court's order in W.P.
No.542/2023 and 5455/2023 these will
have to move to Yeshwanthpur Market
yard.
[b] These nine petitioners, who will not be
entitled to continue in Dasanapura Sub-
market yard, will be allotted shops in the
Yeshwanthpur Market so long as they get
No objection Certificate from the
Secretary, APMC Dasanapura Sub-
market.
The Secretary has further stated that other
petitioners will be allotted shops identified by
79
temporary numbers and carved out of Closed Auction
Platforms on a monthly rental of Rs.5,000/- per
month though the Assistant Executive Engineer has
evaluated the monthly rent based on the
measurement of the premises.
6.1 This Court, upon a preliminary opinion
that the allotment of temporary premises as identified
in the Closed Auction Platform could not serve the
purpose unless there is demarcation with proper
construction, has called upon the APMC to re-
examine and take a stand. The Secretary has filed an
additional affidavit stating thus.
"[a] The Eviction notices are issued to 195
market functionaries, and 44 out of these
195 functionaries trade in rice and pulses,
but only nine of these 44 market
functionaries have joined the other
petitioners. All these 44 functionaries will be
accommodated in Yeshwanthpur Market
yard.
[b] The remaining 151 market functionaries
comprise of:
80
• 35 allottees of corner shops under Rule
9 of the APMC Allotment Rules, and
• 116 functionaries who are allotted
shops on leave and licence under Rule
13 of the APMC Allotment Rules.
[c] The APMC has resolved to make available to
all the 151 market functionaries, on
temporary allotment, temporary shops in the
Closed Auction platform or the existing
shops in the Sub-market yard and these
functionaries can continue in premises until
the completion of fresh allotment in this Sub-
market yard.
[d] If these functionaries choose temporary
shops in the Closed Auction Platform, they
will have to Rs.5,000/- per month, and if
they choose existing shops, they will have to
pay market rent as fixed by the
APMC/Assistant Executive Engineer.
[e] The 35 market functionaries who have been
allotted corner shops under Rule 9 of the
allotment rules can continue in such shops
until the completion of the fresh allotment
process, but they must pay rent as fixed by
the APMC/the Assistant Executive
Engineer."
81
The Secretary has also stated that these 195
functionaries cannot continue in the possession of
the shops currently held by them because the
functionaries from the Yeshwanthpur Market Yard
will have to be accommodated in compliance with this
Court's direction.
A Brief Statement of the State Government's
Statement of Objections
7. The State Government has filed its
Statement of Objections, contending that the traders
in Dasanapura Sub-market Yard are classified into
four categories with further subcategories. The 51
traders in this Sub-market Yard have paid leave and
license fee with some of them [20] continuously doing
business and paying User Fee while others [31] have
not continuously done their business for the three
years. The next 86 traders have not at all paid the
Leave and License fee, but some [14] have done
business for three years continuously paying User
Fee while others [10] have not at all done any
82
business in the last three years with some others [62]
doing business for some part of the three years.
7.1 The State Government has next referred
to those traders [12] who are engaged in trading in
Rice and Pulses, who are allotted shops in public
auction under Rule 13 of the APMC Allotment Rules
and Traders [46] have not applied for conversion to
Lease-cum-sale arrangement. The State Government
has lastly referred to Traders [28] who have been
allotted premises in a public auction under Rule 9-B
of the APMC Allotment Rules.
7.2 In elaboration of the reasons assigned by
the Secretary APMC to reject the applications for
conversion, the State Government asserts that the
request of those 51 Traders who have paid Leave and
License fee and have done business continuously for
three years or for some part of three years and have
paid User Fee accordingly, is rejected in exercise of
the discretion vested under Rule 12[2] of the APMC
Allotment Rules. The 86 Traders, who have
83
committed default in paying Leave and License Fee,
though some of them have done business
continuously for three years with others not even
doing any business, the request for conversion is
rejected because it is within the APMC's rights to take
action to recover the license fee and also possession
for the default committed by them in not paying the
leave and license fee.
7.3 The common ground for both the State
Government and APMC is that the request of 12
Traders in rice and pulses is rejected because the
notification for making Dasanapura Sub-market Yard
only for the benefit of those engaged in onion and
potato is upheld. It is also common ground that the
request for conversion by the Traders who have got
the allotment in public auction is rejected because
the allotment to them is not under Rule 12 which
contemplates conversion, but it is under Rule 13 of
the APMC Allotment Rules.
84
7.4 The State Government, apart from
questioning the petitioner's locus to contend that an
Administrator has continued in all these years
without elections to the Market Committee, has also
stated that some petitioners have sought for
additional time, but there is no provision under the
APMC Allotment Rules to grant additional time and
that it is duty bound to hold elections to the Market
Committee.
The submissions on behalf of the Petitioners.
8. Mr. R S Ravi, the learned senior counsel,
Mr. B R Sathenahalli, Mr. Narayana Swamy and Ms.
Shilparani, the learned counsels on record for the
petitioners, first contend that this Court must not be
persuaded by the arrangement of temporary
allotment proposed by the Secretary, APMC because
it violates the inviolable rule of seniority in the matter
of allotments as emphasized by a Coordinate Bench
of this Court in Mohammed Shah Nawaz v. State
85
of Karnataka7. The learned senior counsel and the
learned counsels argue that even temporary
allotments must be based on the rule of seniority as
decided under the APMC Allotment Rules.
8.1 The learned senior counsel and the
learned counsel argued that this Court must hold
that the Secretary, APMC, Yeshwanthpur does not
have jurisdiction to issue either the impugned Show
cause notices or the Endorsements. Their common
canvas in this regard is as follows:
8.1.1 The Secretary, APMC
Yeshwanthpur, has caused the impugned Show-
cause notices and the Endorsements in exercise of
powers under Rule 12[2] of the APMC Allotment
Rules. The Rule stipulates that the request for
conversion from Leave and License Contract into
Lease-cum-Sale Contract must be considered with
the prior approval of the Director of Agricultural
Marketing [the Director], but as is obvious from the
7 ILR 2019 KAR 2317
86
impugned Show cause notices/Endorsements the
prior approval of the Director is not taken, and
therefore, the petitioner's request for conversion from
leave and license into lease-cum-sale contract is not
duly considered and until there is due consideration,
the petitioners cannot be called upon to vacate.
8.1.2 This Court in the writ petitions in
W.P. Nos.204908-926/2015 and connected matters
which are decided upon 28.08.2019 has opined that
the requirement of the prior approval of the Director
is not an empty formality and the Director must
apply mind to the facts and circumstances of the
case vis-à-vis statutory provisions and that the
Director cannot take a decision on granting prior
approval by making general observations.
8.1.3 The petitioners, who are in
possession of the premises in terms of allotment
under Leave and License Contract as contemplated
under Rule 13 of the APMC Allotment Rules, are thus
entitled for due consideration by the competent
87
under the APMC Allotment Rules. If there is any
infraction of this requirement, this Court must
intervene. As the infraction is established in these
cases, this Court must quash both the impugned
Show-cause notices and also the Endorsement.
8.2 Mr. B R Sathenahalli also canvasses the
following in support of the petitioners' case that the
decision to refuse permission for conversion from a
Leave and License Contract to Lease-cum-sale
contract is without authority, and the submissions
are thus.
8.2.1 The authority to decide, with the
prior approval of the Director, under Rule 12[2] of the
APMC Allotment Rules is vested in the Marketing
Committee. The tenure of the Market Committee duly
constituted after the elections has expired over five
years back, and the State Government has continued
the Administration of the Committee by an
Administrator. It is settled that the appointment of an
Administrator is a temporary measure to attend to
88
day-to-day affairs and that the Governments cannot
resort to oblique or circuitous methods to supersede
the rights of administration permanently. The
reference is to the decision of the Apex Court in
Subramanian Swamy v. the State of Tamil Nadu8.
8.2.2 The State Government, acting under
Section 130 of the APMC Act, can issue a notification
to enable an officer to perform all or any powers and
duties of the Market Committee, but it cannot be for
a period exceeding one year. Indisputably, the Officer,
appointed for the first time over five years back, is
continued beyond the stipulated one year subject to
change in the Officers based on administrative
exigencies. It is settled that if power is conferred
under the Statute to be exercised for a certain time,
such power cannot be repeatedly exercised to
continue the arrangement brought about by such
exercise beyond the stipulated period. The reliance is
8 [2014] 5 SCC 75
89
on the decision of the Apex Court in DC Wadhwa v
State of Bihar9.
8.3 Mr. R S Ravi, without adopting this
argument, contends that on the expiry of the term of
the Market Committee, the concerned Tahsildar is
empowered under Section 42[2] of the APMC Act to
exercise the powers and functions of the Market
Committee until the Committee is reconstituted, and
his elaboration is thus.
8.4 Upon the expiry of the term of the
Market Committee, the State Government has issued
notifications empowering the concerned to discharge
the functions of the Market Committee, but it is
mostly officers other than the jurisdictional
Tahsildar10. The concerned so empowered can only
take day-to-day decisions and cannot take policy
9 [1987] 1 SCC 378
10 It is brought on record that the recent notifications under
section 42[2] of the APMC Act is on 05.07.2024 when the
Chief Auditor is empowered and on 24.0.20 25 when the
Additional Director [Admin] with the Department of
Agriculture Marketing Central Officer is enabled.
90
decisions. The present decision to issue the
impugned Show -cause Notices and follow-up the
same with the decision to refuse permission for
conversion from Leave and License to Lease-cum-Sale
contract is not a day-to-day decision and therefore
both the impugned Show-cause Notices and the
Endorsements are without jurisdiction. The reliance
is upon the decision of this Court in WP No.
7197/2020, which is decided on 29.06.2020.
The submissions on behalf of the APMC.
9. Sri Jaikumar S. Patil, the learned Senior
Counsel leads for Dr. Nanda Kishore and Sri T
Swaroop who are on record for the APMC. The
learned Senior Counsel refutes the argument that the
Director's prior approval was mandatory and that the
Administrator does not have the jurisdiction to issue
show cause notices or the endorsements or to start
proceedings for the petitioners' eviction. The learned
Senior Counsel's elaboration and other submissions
are as follows.
91
9.1 The petitioners cannot succeed because
the decision to refuse conversion from Leave and
Licence to Lease-cum-sale contract is without the
prior approval of the Director because it is obvious
even on a plain reading of Rule 12 of the APMC
Allotment Rules that such prior approval is required
when the Market Committee is of the view that the
permission for conversion as aforementioned must be
permitted. If the Marketing Committee itself is of the
opinion that the conversion need not be granted in its
discretion, then the prior approval of the Director will
not be necessary.
9.2 When there is allotment on Leave and
License basis, there is no transfer of any interest in
the concerned property, but when a licensee is
permitted to continue on lease-cum-sale arrangement
there is a transfer, and only when there is a transfer
of interest, the prior approval of the Director is
mandated. If the decision is not to alter the Leave and
92
License arrangement, then it is within the discretion
of the Market Committee.
9.3 The jurisdiction in the State Government
to appoint an Administrator under Section 130 of the
APMC Act is when it becomes imperative because of a
decision/order of a court; that the contingency will be
when there is a decision by a competent court that
the Market Committee is not validly constituted or
that it is disabled from functioning or a few number
of seats are required to be filled under Section 39[2]
of the APMC Act. The petitioners cannot even dispute
that the appointment of the Administrator in the
present case is not because of the aforesaid
circumstances, but because of the COVID-19
restrictions and that during this period even elections
to local bodies and cooperative societies were not
conducted.
9.4 When the Administrator is appointed In
exercise of the powers conferred under Section 42[2]
of the APMC Act, unlike with appointment under
93
Section 130, there is no restriction on the powers of
the Administrator or on the tenure. The State
Government, in exercise of the powers that is
available under Section 42 [2] and Section 154A [2] of
the APMC Act, has Issued notifications appointing
officers not below the rank of Tahsildar to be the
administrators of the Market Committee, and when
an Administrator is appointed in exercise of this
power, there cannot be any restriction on the
authority or the tenure and every such authority as is
in the Market Committee will be available to the
Administrator.
9.5 The decision to regulate the transaction in
these four agricultural products from Dasanapura
Sub-market Yard is to decongest the traffic in and
around the Yeshwanthpur Sub-market Yard and to
ease the bane that has prevailed. The APMC's offer to
make alternative but temporary allotment is only a
concession, and to ensure that the decision to
regulate the transaction in Onion, Potato, Garlic and
94
Ginger is from Dasanapura Sub-market Yard is
implemented expeditiously as required by this
Court's order in WP No. 5455/2023 and 5452/2023.
9.6 The Market Committee/APMC, because it
is keen on giving effect to this decision in compliance
with the directions of this Court, has offered the
temporary arrangement not only the petitioners and
the other market functionaries operating from
Dasanapura Sub-market Yard but also those market
functionaries who trade in these four agricultural
produces in the Yeshwanthpur Market Yard
The submissions on behalf of the State
Government.
10. Smt. Prathima Honnapura, a
learned Additional Advocate General, while adopting
the arguments by Sri. Jaikumar S. Patel, canvasses
that the petitioners who have been given leave and
licence to occupy the corresponding premises only
have a personal right to use such premises and that
they do not have any interest in the property; and
95
that if petitioners do not have any interest in the
property, they cannot assert any locus, especially
when the decision is taken for the combined reasons
of they being in default and the policy decision, as
upheld by this Court, to restrict the transaction in
Onion, Potato, Garlic and Ginger to the Dasanapura
Sub-market Yard.
10.1 Smt. Prathima Honnapura
canvasses that the decision to restrict the transaction
in Onion, Potato, Garlic and Ginger to the
Dasanapura Sub-market Yard is in exercise of the
powers conferred under Section 6[3] of the APMC Act
and that this decision is not in any way related to
holding elections to the Market Committee. This
Court has also opined in the Writ Petition No.
25042/2008 [and connected matters] that it would be
better if these agricultural products are traded in one
yard instead of in two yards [Yeshwanthpur Market
Yard and Dasanapura Submarket Yard].
96
10.2 Smt. Prathima Honnapura invites
the Court's attention to the State Government's
specific case that the conduct of election process is
an ongoing exercise and will be conducted, and
submits that the delay in holding elections, apart
from the COVID-19 restrictions, is because of the
measures taken to verify whether reservation, as
required in terms of the Apex Court's decision in WP
No. 857/2015, will apply to the APMC Act and the
amendments to the APMC Act in the years 2024.
Further, with this Court permitting, the State
Government has placed on record the time schedule
required for the commencement and conclusion of
the elections.
10.3 Smt. Prathima Honnapura submits
that the Deputy Commissioner [or the authorized
officer] will need a minimum of 147 days to complete
the election process once it is begun under Part - II of
the Karnataka Agricultural Produce Marketing
[Regulation and Development] Rules, 1968. The
97
learned Additional Advocate General also submits
that the State Government has constituted a
committee to suggest changes for election of
representatives to the Market Committee from the
Bangalore Metropolitan Area and the amendment
that would be necessary because the Bangalore
Metropolitan Area is now an urban conglomeration
with minimum agricultural activities and the persons
elected from this urban conglomeration do not
represent the farmers who grow these agricultural
products/ produce and that much of the agricultural
produce is sourced outside this urban
conglomeration.
The questions for consideration.
11. Indeed, the petitioners in WP
No.4124/2023 and WP No.4132/2023, who are
market functionaries from the Yeshwanthpur Market
Yard, have indeed called in question the State
Government's order dated 17.01.2023 and the
consequential notifications published and gazetted by
98
the APMC on 18.01.2023. These petitioners have also
sought for directions to the State Government to hold
elections to the Market Committee. This Court must
observe that it is admitted that with the decision of
this Court in WP No. WP No. 5455/2023 and
5452/2023, the petitioners' grievance with the State
Government's order and the APMC notifications, have
become infructuous and this Court need not examine
such grievance. As such, the questions for
consideration in view of this turn of events and the
subsequent events resulting in the other petitions,
and the rival submissions as aforementioned are:
[a] Whether this Court must interfere, on the
ground of jurisdiction or any other
infraction, with the decision to end the
leave and license contracts refusing the
request for conversion of these contracts
to Lease-cum-sale contracts and evict the
petitioners.
[b] If the court's answer to aforgoing
question is in the negative, the terms
99
upon which the petitions must be
disposed of because of the temporary
arrangement offered to the petitioners by
the APMC.
[c] Whether the State Government must be
directed to conduct elections to the
Market Committee within a certain time
frame.
Reg. Question No. 1:
12. The petitioners challenge the
APMC's decision to take vacant possession of the
premises in their possession turning down the
request for conversion of the Leave and License
contract to Lease-cum-sale contract. The petitioners
challenge this decision, notwithstanding the earlier
proceedings culminating in favour of the decision to
permit transaction in Onion, Potato, Ginger and
Garlic only from Dasanapura Sub-market yard, on
the ground of lack of jurisdiction and non-compliance
with Rule 12 [2] of the APMC Allotment Rules. On the
question of jurisdiction, the petitioners pivot their
100
case on the assertion that the Market Committee is
not constituted for the APMC, Yeshwanthpur and
that its affairs are being administered by an
Administrator for over four - five years.
12.1 If some petitioners [the first set] assert
that the Administrator is appointed in exercise of the
powers under Section 130 of the APMC Act, the other
petitioners [the second set] assert that the
appointment is in exercise of the powers under
Section 42[2] of the APMC Act. The second set of
petitioners assert that the Administrator so appointed
will only have to be the jurisdictional Tahsildar but
other officers are appointed and that even the duly
appointed administrator can only take day-to-day
decisions and not policy decisions such as whether
the licensees who are in possession of the premises in
the Dasanapura Sub-market Yard must be permitted
to continue in possession of such premises under
Lease-cum-sale contract.
101
12.2 The State Government and the APMC does
not join any debate with the assertion that the
appointment of the Administrator can only be under
Section 42[2] of the APMC Act, but contends that
because such appointment is under Section 42 [2]
read with Section 154-A of the Act, any officer who is
in the rank of a Tahsildar can be appointed as an
Administrator disputing the assertion that the
Administrator so appointed can only attend to day-to-
day affairs.
12.3 The controversy in this regard must
necessarily be examined on the light of the provisions
of Section 42, Section 130 and Section 154-A of the
APMC Act and each of these provisions provide for
appointment of an Administrator. These provisions
read as under:
"42. Term of office of Chairman and Vice-
Chairman-11 Save as otherwise provided in
this Act, the Chairman and Vice-Chairman
shall continue in office for a term of 20 months
11 The heading prior to amendment by Act 16 of 1990 read
"and the tahsildar to be in charge on expiry of such term".
102
or for the term of the Market Committee
whichever is earlier.
(2) Notwithstanding anything contained in
this Act, on the expiry of the term of office of
the Chairman and Vice-Chairman and of the
market committee, the Tahsildar of the Taluk
in which the yard is situated shall exercise the
powers and perform the functions of the
market committee and its Chairman until the
market committee is reconstituted and its
Chairman is elected:
Provided that the Director of Agricultural
Marketing may, at any time thereafter appoint
any other officer to exercise the powers and
perform the functions of the market committee
and its Chairman12.
130. Administrator to exercise powers
and perform duties of market committees
not validly constituted or in the working
of which a deadlock is created.- (1)
Notwithstanding anything contained in this
Act, or the Rules, if at any time it shall appear
to the State Government, that on account of a
decision or order of a competent court, a
market committee has not been validly
12 The proviso is inserted by Act 17 of 1980
103
constituted under this Act, or that it is disabled
from functioning or that the number of seats
required to be filled by election under sub-
section (2) of section 39 is not filled, the
Government may by notification, cause all or
any powers and duties of the market
committee and its Chairman to be exercised
and performed by such officer in such manner
[for a period not exceeding one year] and
subject to such conditions as it may, by
notification, direct.
(2) All the powers and the duties of the
market committee exercised and performed
bona fide till the date of the notification
referred to in sub- section (1), by the persons
who constituted such market committee shall
be deemed to have been validly exercised and
performed by the said persons; and no acts
done by the said persons shall be deemed to
be invalid or called in question on the ground
merely that they were not members of a validly
constituted market committee.
154-A Transitory provisions.-
(1) Not withstanding anything contained in this
Act or any of the enactments repealed by sub-
section (1) of section 154 or any other law,-
104
(a) on the 19th day of July 1969, the term
of office of the members of every market
committee and of the Chairman and
Vice-Chairman thereof continuing to
function under clause (c) of the proviso to
sub-section (1) of section 154 shall
expire, and with effect from the said
date, the powers conferred and the
duties imposed on the market committee
the chairman, Vice-Chairman and any
subcommittee or other body constituted
by the market committee shall be
exercised and performed by the
Administrator referred to in the
Explanation to this sub-section;
(b) within a period of one year from the
19th day of July 1969 the market
committees shall be constituted in
accordance with the provisions of
section 11;
(c) the Administrator shall hold office until
the date immediately preceding the date
of the first meeting of the market
committee constituted under section 11.
Explanation.- For the purposes of this sub-
section, "the Administrator" means,-
(i) the Deputy Commissioner, in respect of
a market committee of a market area,
105
the market yard of which is situated in
the head quarters of the district;
(ii) the Assistant Commissioner of the
revenue sub-division, in respect of a
market committee of a market area, the
market yard of which is situated in the
headquarters of the revenue sub-
division other than the headquarters of
the district;
(iii) the Tahsildar of the taluk, in respect of a
market committee of a market area, the
market yard of which is situated in any
place in such taluk, other than the
headquarters of the district or the
headquarters of the revenue sub-
division.
(2) Notwithstanding anything contained in
sub-section (1), the State Government may, at
any time after the 19th day of July, 1969, by
notification, appoint, from time to time13 any
officer not below the rank of a Tahsildar, to be
the Administrator for any market committee
and the said officer shall be deemed to be the
Administrator of the said market committee for
purposes of this section."
13 The underlining is by this Court to signify that the
relevance of these expressions are considered later in the
order.
106
12.4 The Section 154-A are transitory
provisions, and in fact, the heading also reads
accordingly. The Section 154-A[1] stipulates, amongst
others, that with effect from 19.07.1969 the term of
every market committee and the chairman/vice
chairman continuing under Section 154[C][1] shall
expire and the powers and duties shall be exercised
and performed by an Administrator. The Explanation
appended to Section 154-A[1] lists who the
Administrator will be, and this will depend on the
place of the headquarters of the concerned market
yard. The Section 154-A [2] says, notwithstanding the
provisions of Section 154-A[1], the State Government
may appoint any officer not below the rank of a
Tahsildar to be the administrator for any Market
Committee and such officer shall be deemed to be the
administrator for the transitory purposes.
12.5 The Section 130 of the APMC Act
provides for appointment of an Administrator when
such appointment becomes necessary because of the
107
orders of a competent Court. If a competent Court
holds that a Market Committee is not validly
constituted or that it is disabled from functioning or
that a few seats are to be filled by elections under
Section 39[2], the State Government is vested with
the power to issue notification enabling an Officer to
exercise and perform the powers and duties of the
Market Committee. The Section also stipulates that
the powers exercised [and the duties performed] by
the concerned Market Committee until the
declaration by a competent Court as aforesaid shall
be deemed to be validly exercised.
12.6 The APMC Act next provides for the
appointment of an Administrator when the term of a
Market Committee [the term of the office of the
Chairman/Vice-Chairman] has expired. This power is
in Section 42[2] of the APMC Act. This provision
reads that, notwithstanding anything in this Act, the
Tahsildar of the Taluk in which the subject yard is
situated shall exercise the powers and functions of
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the Market Committee [in the case of Chairman/Vice-
Chairman, the powers and functions assigned to these
Offices] on the expiry of the term. In this scenario,
the Tahsildar must step in when the term of a
Managing Committee has expired and must exercise
and perform the powers and functions vested in it.
The proviso to this subsection reads that after the
Tahsildar so steps in, the Director may appoint any
other Officer to exercise and perform the powers and
functions of the Market Committee or its Chairman.
12.7 In the transition contemplated under
Section 154-A of the APMC Act, the concerned
Deputy Commissioner or the Assistant Commissioner
or the Tahsildar [depending on the place of
headquarters of the Market Yard] must exercise and
perform the powers and duties of the Market
Committee, and notwithstanding the same, the State
Government may notify appointing any Officer not
below the rank of a Tahsildar to be the Administrator.
The expressions "may" and "from time to time" as
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found in Section 154-A[2], apart from the fact that
this will be a transitory arrangement, show that the
Legislature intended a wider jurisdiction in the State
Government. As such, there is no restriction on the
timeline as in Section 130 of the APMC Act.
12.8 As against this transitory scheme, when
the Courts declare that a Market Committee is not
duly constituted or is disabled [or a few seats had to
be filled], the State Government, in exercise of powers
under Section 130 of the APMC Act, may cause all
powers and duties of the Market
Committee/Chairman to be exercised by an Officer.
The Section 130 of the APMC Act does not impose
any embargo on who could be so appointed but
stipulates that such Officer cannot exercise the
powers or perform the functions of the Market
Committee for a period beyond one year. The
Legislature, because of the circumstance in which a
vacuum is created, provides for appointment of an
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Officer as an Administrator in the State Government's
discretion but subject to the limit of one year.
12.9 The Market Committee functions for a
definite tenure, and elections must be held for the
constitution of a new Market Committee, but affairs
of the Market Committee must be administered in the
interregnum. This is provided under Section 42[2] of
the APMC Act in stipulating that the Tahsildar of the
Taluk in which the Yard is situated shall exercise the
powers and perform the functions of the Market
Committee during such period. The first and
immediate stage is akin to what happens in the
transitory process. This section, while providing for
the term of the Chairman/ Vice Chairman, provides
for the Tahsildar to step in and later the appointment
of an administrator.
12.10 In the transitory process, depending
on the location of the Headquarters of the Yard,
either the Deputy Commissioner or the Assistant
Commissioner or the Tahsildar steps in, and under
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Section 42, the Tahsildar steps in. Further, in the
transitory process, the State Government may
appoint any Officer of the rank of Tahsildar to
function as the Administrator, but where a Tahsildar
steps in because of the expiry of the term of the
Market Committee, the Director is invested with the
jurisdiction to appoint "any other Officer" to exercise
the powers and perform the functions of the Market
Committee. This Court must observe that if the State
Government can only appoint, in the transitory
process, an Officer of the rank of Tahsildar, it
behoves that the Director must also appoint an
Officer who is in the rank of the Tahsildar. The
Director cannot have unfettered power to choose any
Officer irrespective of the rank.
12.11 This Court, on a careful
consideration of the scheme in which an
administrator/s steps in or is appointed [depending
on the circumstances], is of the definite view that the
power to appoint Administrators must be exercised
112
under the specific provisions and subject to such
provisions. In the present cases it is undisputed that
the Administrator is appointed after the expiry of the
Managing Committee's term and that the present
Administrator, and the Administrators in the past
after the expiry of the Managing Committee's term,
are appointed under Section 42 of the APMC Act from
amongst those Officers who are in the rank of
Tahsildars. As such, this Court must conclude that
an Administrator is appointed without jurisdiction, or
that an Administrator appointed under Section 42 of
the APMC Act can only attend to day-to-day affairs.
13. The petitioners contend that their
request for conversion of their Leave and Licence
Contracts to Lease-cum-Sale contracts could not
have been rejected without the prior approval of the
Director as contemplated under Rule 12[2] of the
APMC Allotment Rules. The Rule 12[2] read as under:
"Rule 12: Restriction on transfer -
(1) Where any allottee of a godown or shop-
cum-godown after it was conveyed to
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him under Rule 10 or a transferee of
such allottee or an allottee of a site after
it was conveyed to him under Rule 10 on
which godown or shop or shop-cum-
godown is built, is unable to carry on the
marketing activity for any reason, he
may, if the period of ten years specified
in clause [vi] of sub-rule [1] of Rule 10
has expired, make an application to the
market committee along with a transfer
fee specified in the Annexure and the
Market Committee after ascertaining
whether the applicant owes any dues to
the market committee, sellers and other
licensed market functionaries may, with
the prior approval of the Director of
Agricultural Marketing, permit transfer
of such godown, shop or shop-cum-
godown in whole or in part only in
favour of a licensed market functionary,
who does not own a site, godown or
shop or shop-cum-godown:
Provided that where any application
seeking permission for such transfer
made prior to the commencement of the
Karnataka Agricultural Produce
Marketing [Regulation or Allotment of
Property in Market Yards] Rules, 2004 is
pending such application shall be
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deemed to be an application made under
this sub-rule and shall be disposed the
office is directed to re-list this petition on
in accordance with this sub-rule.
(2) Where any market functionary who has
been allotted a shop or godown, shop-
cum-godown or other building on lease
and licence basis under Rule 13 is
continued in occupation of the same for
a minimum period of 55 months and
requests to convert the said leave and
licence into lease-cum-sale basis may be
considered with prior approval of the
Director of Agricultural Marketing and
the value of the site, shop, godown or
shop-cum-godown shall be determined
by taking into consideration the
following factors namely.-
(i) site value at 40% of the guidance value
determined under the Karnataka Stamp
Act, 1957, and rules made thereby
under or the value of the site approved
by the Director of Agricultural Marketing
under Rule 5, whichever is higher;
(ii) The building value to be fixed by the
Engineering Cell of the Department after
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considering the depreciation of the
building;
(iii) Any other expenditure incurred by the
market committee on the site or
building."
13.1 The power to consider the request
for conversion from a Leave and License Contract to a
Lease-cum-Sale Contract is part of the restriction on
transfer as contemplated under Rule 12[1] APMC
Allotment Rules. This sub-section reads that in the
cases where there is an allotment of premises on
Lease-cum-Sale under Rule 10 thereof, and the
allottee [or the transferee from the allotment] cannot
carry on the marketing activity for any reason, the
allottee/transferee can apply for transferring the
allotment. The Market Committee, in exercise of the
power under Rule 12[2] of the APMC Allotment Rules,
can permit transfer only in favour of the licensed
Market functionary if such Market functionary does
not own premises but with the prior approval of the
Director.
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13.2 The Rule provides consideration of
the request to convert Leave and License allotments
under Rule 13 thereof into Lease-cum-sale contracts,
but not making it compulsory for every request to be
favoured. This flows from the expression "may be
considered" by the Market Committee. The power
vested in the Market Committee to permit conversion
from Leave and License Contracts to Lease-cum-Sale
Contracts must be examined in the context of the
indisputable position in law that Leave and License
Contracts only confer a license to the personal use of
the property and not any interest in the property14.
13.3 If the Managing Committee permits
conversion from a Leave and License Contract to a
Lease-cum-Sale Contract, there would be a transfer
creating an interest in the property. Therefore, the
prior approval of the Director [as in the case of
permission for transfer of allotment to another Market
14 [2011] 5 SCC 270 - 'Pradeep Oil Corporation v.
Municipal Corporation of Delhi and Another'
117
functionary] would be necessary. However, if the
Managing Committee refuses the request, only the
license arrangement [without a transfer] is continued.
If the Market Committee in its just exercise of
discretion, is of the opinion that the request for
conversion from Leave and License Contracts to
Lease-cum-Sale contracts cannot be permitted, as
canvassed on behalf of the APMC, it would not be
necessary to seek the prior approval of the Director.
As such, this Court is of the opinion that there is no
infraction of Rule 12[2] of the APMC Allotment Rules
in deciding to refuse conversion from Leave and
License Contracts to Lease-cum-Sale contracts
without prior approval of the Director.
Reg. Question No.2:
14. This Court's order in the writ
petitions in WP Nos.5455/2023 and 5452/2023 has
attained finality. The APMC, in compliance with such
direction, will have to accommodate the Market
functionaries in Yeshwanthpur Market Yard who are
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engaged in trading Onion, Potato, Garlic and Ginger
in Dasanapura Sub-Market Yard and they must be
accommodated by allotting premises which compare
well with the premises currently in their possession.
The petitioners in W.P. Nos.3011/2025, 173/2025,
540/225, 692/2025, 1536/2025 are in possession of
the respective premises in Dasanapura Sub-Market
Yard.
14.1 As per the details filed, only about
twenty petitioners have paid both the leave and
license fees and user fee continuing the business for
the purpose for which the allotment is made in their
favour. The other petitioners are in default either
because they have not paid the leave and license
fee/User fee or because they have not continuously
conducted the business in the premises allotted to
them. However, all the petitioners have completed
fifty-five months of the leave and License period. The
Rule 13[7] of the APMC Allotment Rules stipulates
that the initial allotment will be only for eleven
119
months, which may be renewed further by eleven
months but subject to a maximum of fifty-five
months. The petitioners, as observed above, have
been conferred only with a right to use the premises,
and they have not been granted any interest in the
premises.
14.2 They are bound to vacate the
premises on the expiry of the maximum period, and
in the present case, there are also complaints about
defaults in payment of both leave and license
fee/User fee and in continuous use of the premises
for the purpose for which it is allotted. The APMC,
therefore, is justified in calling upon the petitioners to
vacate and handover their respective premises, but it
will have to have recourse to the Karnataka Public
Premises [Eviction of Unauthorized Occupants] Act,
1974. If in the alternative, the APMC is offering a
temporary allotment on terms but without in any
manner prejudicing its obligation to ensure allotment
only under the APMC Allotment Rules and in strict
120
compliance with the rule of seniority, it must be held
to such offer.
14.3 The APMC must reasonably cause
individual notices to the petitioners and the other
concerned Market functionaries in Dasanapura Sub-
Market Yard informing them of the choice of either a
temporary premises in the Closed Auction Platform or
a shop subject to paying, respectively, Rs.5,000/- per
month or the rate fixed by the APMC/Assistant
Executive Engineer. If the petitioners/Market
functionaries exercise this option within a reasonable
period from receipt of the notice, the appropriate
agreement will have to be drawn, but if the
petitioners do not exercise the option, the APMC will
have to recover possession under law. The Question
No.2 is answered accordingly.
Reg: Question No.3:
15. The establishment of a Market Committee
and its incorporation are under Chapter III of the
APMC Act. There has to be a first Market Committee
121
for every Market Area in terms of Section 10 of the
APMC Act, and the second and subsequent Market
Committees must be constituted under Section 11 of
the APMC Act. The Section 12 of the APMC Act
stipulates that the Members of a Market Committee
shall be elected in the manner prescribed by the
APMC Allotment Rules. The subsequent provisions,
beginning from Section 13, provide for, amongst
others, constituencies for election of Members to a
Market Committee, disqualification from
membership, determination of the validity of
elections, grounds for challenge and the appeal
against the order of the competent Court.
15.1 The Section 38 of the APMC Act
stipulates that the Members of a Market Committee
shall hold office for a term of five years and further
crucially, that before the expiry of this term, elections
shall be held to a Market Committee. The
commencement of the term is under Section 39 of the
APMC Act. This section reads as under:
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"38. Term of office of members -
(1) The members of the market committee shall
save as otherwise provided in this Act hold
office for a term of [five years] before the
expiry of which election shall be held to a
market committee.
(2) Notwithstanding anything contained in sub-
section (1) a person who is a member of the
market committee by virtue of being a
representative of a Co-operative Marketing
Society or an Agricultural Co-operative
Processing Society as the case may be shall
cease to be such member on his ceasing to
be a member of the Managing Committee of
the Society concerned by efflux of his term
of office or otherwise."
15.2 This provision must be read with
Section 42[2] of the APMC Act, which as discussed
earlier, provides that the concerned Tahsildar must
exercise the powers and perform the functions of the
Market Committee on the expiry of the term of the
Market Committee with the jurisdiction in the
Director thereafter to appoint any other Officer to
perform functions and exercise such powers. This
123
Chapter does not stipulate that the Tahsildar who
can exercise powers and perform the functions under
Section 42[2] of the APMC Act or the Officer
appointed by the Director will hold office for any
particular period, but the indisputable underlying
feature is that the affairs of a Market Yard must be
administered by Market Committee in the manner
contemplated under Section 5 of the APMC Act and
this cannot be disrupted without holding elections at
all.
15.3 The State Government has filed its
Statement of Objections explaining the circumstances
for not holding the elections. It is stated that the
elections to the Market Committee were not held in
the initial years, because of the Covid-19 restrictions
and a policy decision to put off elections to the
elected Bodies in view of the difficulties wrought by
Covid-19 restrictions. It is next stated that the
elections could not be conducted because of the
clarification required on the applicability of the
124
reservation to APMC in terms of a decision of the
Apex Court.
15.4 It is now placed on record that
because of the change in the demography of the
Bengaluru Urban agglomeration with few engaged in
agricultural operations, the State Government has
constituted a Committee to examine the
circumstances and propose amendments to the
APMC Act. This Court must observe that adapting to
evolving circumstances is an ongoing process, and
the elections cannot be put off indefinitely when the
mandate under the Statute is that the affairs of a
Market Area must be administered by the Market
Committee.
15.5 The administration through a
democratically elected body cannot be put into a
hiatus without end. This Court must refer to the
decision of the Apex Court in Dr. Subramaniam
125
Swamy v. State of Tamil Nadu15 wherein it is held
as follows:
"66. Supersession of rights of administration
cannot be of a permanent enduring nature. Its
life has to be reasonably fixed so as to be co-
terminus with the removal of the consequences
of maladministration. The reason is that the
objective to take over the management and
administration is not the removal and
replacement of the existing administration but
to rectify and stump out the consequences of
maladministration. Power to regulate does not
mean power to supersede the administration
for an indefinite period."
This Court finds that the petitioners' cause for
directions to the respondents to hold elections is
therefore well founded and there must be directions
in this regard with the observation that the State
Government can always consider the
recommendations of the Committee constituted and
bring in an amendment. Hence, the following:
15 [2014] 5 SCC 75
126
ORDER
[a] The writ petitions in W.P. Nos.4124/2023, 4132/2023 and 5007/2023 are allowed in part and the State Government is directed to initiate proceedings as contemplated under Part - II of the Karnataka Agricultural Produce Marketing [Regulation and Development] Rules, 1968 within three [3] months from today to conduct elections to the Yeshwanthpur Market Yard. [b] The writ petitions in W.P. Nos. 540/2025 and 3011/2025 are allowed in part in terms of the afore direction insofar as the petitioners' request for directions to the State Government to hold elections to the Market Committee. [c] The writ petitions in W.P. Nos.540/2025, 3011/2025 along with writ petitions in W.P. Nos.173/2025, 692/2025 and 1536/2025 are disposed of directing the Secretary, APMC, Yeshwanthpura to:
127
[i] cause notice to the petitioners individually indicating that they will have the choice of choosing a temporary premises in the Closed Auction Platform or shop premises, and that if they choose the temporary premises in the closed auction platform, they shall pay rent of Rs.5,000/- per month and that if they choose the shop premises, they will have to pay the rent as fixed by the Assistant Executive Engineer, APMC, Yeshwanthpur.
[ii] The arrangement as aforesaid shall be entirely temporary and subject to the allotment of the shops and other premises under the Karnataka Agricultural Produce Marketing [Regulation of Allotment of Property in Market Yards] Rules, 2004.128
[iii] The Secretary, APMC, Yeshwanthpur, shall send notices as aforesaid within two [2] weeks from the date of receipt of a certified copy of this order, and the Secretary shall also cause due publication of notice in English and Kannada Dailies - Bengaluru Edition. [iv] If the petitioners exercise this option within fifteen [15] days from the date of the notices sent individually and in any event within fifteen [15] days from the date of the publication of the notice, the Secretary, APMC, Yeshwanthpur shall ensure that the letters are issued in this regard subject to the petitioners complying with all the other conditions except payment of Leave and License fee and outstanding User fee.
[v] In the event the petitioners do not exercise this option, the Secretary, 129 APMC, Yeshwanthpur shall be at liberty to initiate proceedings to take possession of the corresponding shops/premises. [d] No costs.
Sd/-
(B M SHYAM PRASAD) JUDGE AN/-*