Karnataka High Court
Sidramappa S/O Basavanappa vs The State Of Karnataka And Ors on 18 December, 2021
Bench: R.Devdas, Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER-2021
PRESENT
THE HON'BLE MR.JUSTICE R. DEVDAS
AND
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
WRIT APPEAL No.200222/2019 (APMC)
C/W
WRIT APPEAL No.200187/2019,
WRIT APPEAL No.200188/2019,
WRIT APPEAL Nos.200212-215/2019,
WRIT APPEAL No.200219/2019,
WRIT APPEAL No.200223/2019 &
WRIT APPEAL No.200227/2019 (APMC)
IN W.A.No.200222/2019:
BETWEEN:
Anil Kumar S/o Sridhar Rao
Aged about 61 years, Occ: Business
R/at Partapur, Tq. Basavakalyan
Dist. Bidar-585 327
... Appellant
(By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates)
AND:
1. The State Karnataka
Rep. by its Secretary
To Department of Co-Operation
M.S. Building, Bangalore-01
2
2. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajbhavan Road
P.B.No.5309
Bangalore-560 001
3. The Deputy Commissioner
Bidar District
Bidar-585 401
4. The Tashildar / Returning Officer
Basavakalyan-585327
District-Bidar
5. The Agriculture Produce Marketing Committee
Basavakalyan-585327
District Bidar
Rep. by its Administrator
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 to R4;
By Sri.Mallikarjun Basareddy, Advocate for R5)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the
order dated 12.09.2019 passed by the learned Single
Judge in W.P.No.65563/2016 and allow the writ
petition as prayed for.
IN W.A.No.200187/2019:
BETWEEN:
Sidramappa S/o Basavanappa
Aged about 59 years, Occ: Business
R/at Harkud, Tq. Basavakalyan
3
Dist. Bidar-585 437
... Appellant
(By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates)
AND:
1. The State Karnataka
Rep. by its Secretary
To Department of Co Operation
M.S.Building
Bangalore-01
2. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajbhavan Road
P.B.No.5309
Bangalore-560 001
3. The Deputy Commissioner
Bidar District
Bidar-585 401
4. The Tashildar / Returning Officer
Basavakalyan-585327
District-Bidar
5. The Agriculture Produce Marketing Committee
Basavakalyan-585327
District Bidar
Rep. by its Administrator
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 to R4;
By Sri.Mallikarjun Basareddy, Advocate for R5)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the
order dated 12.09.2019 passed by the learned Single
Judge in W.P.No.65567/2016 and allow the writ
petition as prayed for.
4
IN W.A.No.200188/2019:
BETWEEN:
Venktesh @ Girish S/o Jagannath Tambale
Aged about 42 years, Occ: Business
R/at Manthal, Tq. Basavakalyan
Dist. Bidar-585 327
... Appellant
(By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates)
AND:
1. The State Karnataka
Rep. by its Secretary
To Department of Co Operation
M.S.Building
Bangalore-01
2. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajbhavan Road
P.B.No.5309
Bangalore-560 001
3. The Deputy Commissioner
Bidar District
Bidar-585 401
4. The Tashildar / Returning Officer
Basavakalyan-585327
District-Bidar
5. The Agriculture Produce Marketing Committee
Basavakalyan-585327
District Bidar
Rep. by its Administrator
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 to R4;
5
By Sri.Mallikarjun Basareddy, Advocate for R5)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the
order dated 12.09.2019 passed by the learned Single
Judge in W.P.No.65564/2016 and allow the writ
petition as prayed for.
IN W.A.No.200212/2019:
BETWEEN:
Smt. Basalingamma W/o Basavaraj
Aged about 45 years
R/o Gogebal
Residing at Gorebal Villae, Manvi-Taluk
Raichur-District-584128
... Appellant
(By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates)
AND:
1. The State Karnataka
Rep. by its Principal Secretary
To Department of APMC
Vidhana Soudha
Bangalore-560001
2. The State of Karnataka
Rep. by its Secretary
Department of Co-Operation
M.S.Building
Bangalore-560001
3. The Director
Agricultural Produce Marketing
Committee
No.16, 11th Raj Bhavan Road
6
P.B.No.5309 Bangalore-01
4. The Deputy Commissioner
Raichur District
Raichur-584124
5. The Tahsildar / Returning Officer
Manvi-Taluk
Raichur -District-584128
6. Manvi Agricultural Produce Marketing
Committee
Represented by its Administrator
Manvi-Taluk
Raichur-District-584128
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1, R2, R4, R5;
By Sri.Mallikarjun Basareddy, Advocate for R3 & R6)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to allow this writ appeals
and set-aside the judgment dated 12.09.2019 passed in WP
No.65592/2016 by learned Single Judge of this Hon'ble
Court and consequently allow the writ petition as prayed for.
IN WA No.200213/2019:
BETWEEN:
Sri. Pompanna S/o Malleshappa Gundalli
Aged about 51 years,
R/o Shri Sharnabasaveshwar Mill Maski
Lingasugur-Taluk, Raichur-District-584128
... Appellant
(By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates)
7
AND:
1. The State of Karnataka
Department of APMC
Vidhana Soudha
Bangalore-560001
Represented by its
Principal Secretary
2. The State of Karnataka
Department of Co-Operation
M.S.Building
Bangalore-560001
Represented by its Secretary
3. The Director
Agricultural Produce Marketing
Committee,No.16, 11th Raj Bhavan Road
P.B.No.5309 Bangalore-01
4. The Deputy Commissioner
Raichur-584124
5. The Returning Officer/Tahsildar
Lingasugur-584129
6. Lingasugur Agricultural Produce Marketing
Committee, Lingasugur
Raichur-District-584128
Represented by its Administrator
(By Sri Shivakumar R.Tengli, AGA for R1, R2, R4, R5;
By Sri.Mallikarjun Basareddy, Advocate for R3 & R6)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to allow this writ appeals
and set-aside the judgment dated 12.09.2019 passed in WP
8
No.206208/2016 by learned Single Judge of this Hon'ble
Court and consequently allow the writ petition as prayed for.
IN WA Nos.200214-15/2019:
BETWEEN:
1. Sri.Veerupanna S/o Rajappa
Aged about 40 years,
Occ: Agriculture
R/o Hattigudur Village
Sindhanoor
Raichur-District-584128
2. Sri. Kumarappa S/o Amarappa
Aged about 43 years
Occ: Agriculture
R/o Udabalagi, Sindhanoor
(By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates)
AND:
1. The State of Karnataka
Department of APMC
Vidhana Soudha
Bangalore-560001
by its Principal Secretary
2. The State of Karnataka
Department of Co-Operation
M.S.Building
Bangalore-560001
Rep. by its Secretary
3. The Director
Agricultural Produce Marketing
9
Committee
No.16, 11th Raj Bhavan Road
P.B.No.5309 Bangalore-01
4. The Deputy Commissioner
Raichur-584124
5. The Tahsildar / Returning Officer
Sindhanoor-584128
6. Sindhanoor Agricultural Produce Marketing
Committee, Sindhanoor
Represented by its Administrator
Raichur-District-584128
(By Sri Shivakumar R.Tengli, AGA for R1, R2, R4, R5;
By Sri.Mallikarjun Basareddy, Advocate for R3 & R6)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to allow this writ appeals
and set-aside the judgment dated 12.09.2019 passed in WP
206338 & 206340/2016 by learned Single Judge of this
Hon'ble Court and consequently allow the writ petition as
prayed for.
IN W.A.No.200219/2019:
BETWEEN:
Sri.R.Palaxigouda S/o Late Shivanaganagouda
Aged about 51 years
R/o Gorebal village, Tq. Sindhanoor
Raichur-District-584128
... Appellant
(By Sri Shivaraj Patil and Sri.G.B.Yadav, Advocates)
10
AND:
1. The State Karnataka
Rep. by its Principal Secretary
Department of APMC
Vidhana Soudha
Bangalore-560001
2. The State of Karnataka
Department of Co-Operation
M.S.Building
Bangalore-560001
Rep. by its Secretary
3. The Director
Agricultural Produce Marketing Committee
No.16, 11th Raj Bhavan Road
P.B.No.5309 Bangalore-01
4. The Deputy Commissioner
Raichur District
Raichur-584124
5. The Tahsildar / Returning Officer
Sindhanur-Taluk
Raichur -District-584124
6. Sindhanur Agricultural Produce
Marketing Committee, Sindhanoor
Represented by its Administrator
Sindhanur-Taluk
Raichur-District-584128
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 to R5;
By Sri.Mallikarjun Basareddy, Advocate for R6)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to allow this writ appeal
11
and set-aside the judgment dated 12.09.2019 passed in WP
No.62759/2016, by learned Single Judge of this Hon'ble
Court and consequently allow the writ petition as prayed for.
IN W.A.No.200223/2019:
BETWEEN:
Madhavrao S/o Ganapath Rao
Aged about 63 years, Occ: Agriculture
R/at Togalur, Tq. Basavakalyan
Dist. Bidar-585 401
... Appellant
(By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates)
AND:
1. The State Karnataka
Co-Operation Department
M.S.Building
Bangalore-01
Rep. by its Secretary
2. The Deputy Commissioner
Bidar District
Bidar-585401
3. The Tashildar / Returning Officer
Basavakalyan-585327
District-Bidar
4. The Agriculture Produce Marketing Committee
Basavakalyan-585 327
District-Bidar
Rep. by its Administrator
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 to R3;
By Sri.Mallikarjun Basareddy, Advocate for R4)
12
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the
order dated 12.09.2019 passed by the learned Single
Judge in W.P.Nos.65375-376/2016 in respect of
appellant is concerned and allow the writ petition as
prayed for in respect of appellant is concerned.
IN W.A.No.200227/2019:
BETWEEN:
1. Mahantagouda S/o Sahebgouda
Age: 44 years, Occ: Agriculture
R/o Ulkkal, Tq. Shahapur
Dist. Yadgiri-585202
2. Sharanappa S/o Dyavappa
Age: 55 years, Occ: Agriculture
R/o Hattigudur, Tq. Shahapur
Dist. Yadgiri-585202
3. Shantamma W/o Mahantagouda
Age: 42 years, Occ: Household
R/o Vandaganoor, Tq. Shorapur
Dist. Yadgiri-585202
4. Shivashankarappa S/o Vasantappa @
Basavantappa
Age: 42 years, Occ: Agriculture
R/o Yelheri Village
Tq. & Dist. Yadgiri-585202
5. Akkamahadevi W/o Rajashekhar
Age: 48 years, Occ: Agriculture
R/o Gogi village, Tq. Shahapur
Dist. Yadgiri-585202
... Appellants
(By Sri A.S.Roja and Sri.R.J.Bhusare, Advocates)
13
AND:
1. The State of Karnataka
Department of APMC
Vidhan Soudha
Bengaluru-560 001
Represented by its Principal Secretary
2. The State of Karnataka
Department of Cooperation
M.S.Building
Bengaluru-560 001
Represented by its Secretary
3. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B.No.5309, Bangaluru-01
4. The Deputy Commissioner
Yadgiri-585201
5. The Returning Officer / Tahasildar
Yadgiri-585201
6. The Returning Officer/Tahasildar
Shahapur-585202
7. The Returning Officer/Tahasildar
Shorapur-585202
8. Yadgiri Agriculture Produce Marketing Committee
Yadgiri-585202
Represented by its Administrator
9. Shahapur Agriculture Produce Marketing
Committee, Shahapur
Dist. Yadgiri-585202
Represented by its Administrator
14
10. Shorapur Agriculture Produce Marketing
Committee, Shorapur
Dist. Yadgiri-585202
Represented by its Administrator
11. Siddappa S/o Sharanappa
Age: 62 years, Occ: Agriculture
R/o H.No.2-10-53, Kajugarwadi
Yadgir-585201
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 to R7;
By Sri.Mallikarjun Basareddy, Advocate for R8 to R10;
R11-Served)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the
order passed in writ petition No.206100/2016 dated
12.09.2019 by allowing the writ appeal.
These appeals coming on for Hearing, this day,
R. Devdas J., delivered the following:
JUDGMENT
R. DEVDAS J., (ORAL):
Since the grievance of the appellants in all these writ appeals were common, these matters were connected.
2. In all these cases notifications were issued for holding elections to the members of Managing 15 Committee from different constituencies. The notifications were issued on 13.10.2016 and calendar of events were announced and date for filing nomination was between 04.11.2016 and 11.11.2016 and last date for withdrawal of nomination was 14.11.2016 and date of election was 24.11.2016. However, the respondents/State Government withdrew the notification dated 13.10.2016 and issued fresh notification dated 16.11.2016. Being aggrieved, the appellants herein had filed several writ petitions. It is necessary to notice that similar writ petitions were filed at the Principal Bench, Dharwad Bench and before this Bench. Similar writ petitions in W.P.No.59785- 787/2016 filed before the Principal Bench was allowed and the notification dated 16.11.2016 was quashed. The State Government did not challenge the orders passed in W.P.No.59785-787/2016. However, in the writ petitions filed before the Dharwad Bench in W.P.No.109305/2016, the learned Single Judge upheld 16 the notification dated 16.11.2016 by holding that the Government had power to withdraw the election notification and issue a fresh notification. Taking note of the said decision, the writ petitions filed before this Bench were disposed of, upholding the notification dated 16.11.2016. Consequently, these writ appeals are filed.
3. The learned counsels now bring to the notice of this Court a decision of a co-ordinate bench at Dharward, in W.A.No.5378/2016 wherein the writ petitioner in W.P.No.109633/2016 had challenged the order of the learned Single Judge. The co-ordinate Bench, by order dated 28.10.2021 has upheld the order of the learned Single Judge by holding that Section 13(4) of the Agricultural Produce Marketing Committee Act invests the State Government with the power to pass direction including cancellation of calendar of events and postponement of poll. It was noticed that 17 the Returning Officer had not declared the result of the allegations and before declaration of results the State Government had withdrawn the election notification and issued a fresh notification for declaring the calendar of events. So saying, the co-ordinate Bench has distinguished the decisions of the learned Single Judges passed in W.P.Nos.59785-787/2016 and W.P.No.109633/2016. The co-ordinate Bench at Dharward has upheld the decision in W.P.No.109633/2016 upholding the notifications issued by the State Government.
4. The learned counsels have clarified that consequent to the decision of the co-ordinate Bench in W.A.No.5378/2016, the elections have been conducted to all the Committees, except the Committees in respect of the specific membership which are the subject matters of these writ appeals.
18
5. Consequently, we proceed to dismiss the writ appeals in the light of the decision of the co-ordinate Bench in W.A.No.5378/2016. We are informed that the term of the Committees would come to an end in 2-3 months and therefore elections at this stage to the membership of the respective Committees cannot be held. The elections will have to be held along with the general elections to all the Committees.
Ordered accordingly.
In view of disposal of appeals, all other pending interlocutory applications stand disposed of.
Sd/-
JUDGE Sd/-
JUDGE BL