Karnataka High Court
Nishat Traders Lingasugur And Ors vs The State Of Karnataka And Ors on 15 December, 2014
Author: Ashok B Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2014
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION Nos.207186-197/2014 (APMC)
BETWEEN:
1. NISHAT TRADERS LINGASUGUR
BY ITS PROP. JUBEDA BEGUM
W/O MD. HANIPASAB
AGE : 45 YEARS, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584122.
2. BASAVARAJAPPA SAJJAN & SONS LINGASUGUR
BY ITS PROP. SHARANBASAVA
S/O BASAVARAJAPPA
AGE: 41 YEARS, OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584122.
3. RAVI TRADERS LINGASUGUR
BY ITS PROP. PARANGOUDA
S/O BASANAGOUDA
AGE: 49 YEARS, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584122.
4. SHANKAR TRADING COMPANY LINGASUGUR
BY ITS PROP. MAHESH
S/O SHANKARGOUD AMARAVATI
AGE: 27 YEARS, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584122.
2
5. AMARAVATI TRADING COMPANY LINGASUGUR
BY ITS PROP: K.BASAVARAJ S/O RUDRAPPA
AGE: 26 YEARS, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584122.
6. AMARESHWAR TRADING COMPANY LINGASUGUR
BY ITS PROP: K. AMARESH S/O SHANKREPPA
AGE: 27 YEARS, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584122.
7. SURESH TRADING COMPANY LINGASUGUR
BY ITS PROP SURESH S/O SHANKARGOUDA
AGE: 25 YEARS, OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584122.
8. KANTHI BASAVESHWAR
TRADING COMPANY LINGASUGUR
BY ITS PROP VEERABHADRAPPA
S/O AMARESH HEREHASOR
AGE: 45 YEARS, OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584122.
9. VEERESHWAR TRADERS LINGASUGUR
BY ITS PROP CHANDRASHEKAR
S/O MALLANAGOUDA OLE
AGE: 32 YEARS, OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584122.
10. SHARANABASAVESHWAR
TRADING COMPANY LINGASUGUR
BY ITS PROP: SHARANAPPA
S/O MALLAPPA POOLABHAVI
AGE: 38 YEARS, OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584122.
11. BASAVESHWAR TRADERS HUTTI
BY ITS PROP: MALLAYA GALAGA
AGE: 45 YEARS, OCC: BUSINESS
3
R/O APMC YARD, LINGASUGUR
DIST: RAICHUR - 584122.
12. SOUBHAGAYA ENTERPRISES LINGASUGUR
BY ITS PROP: RAJASHEKAR ANEHOSUR
AGE: 32 YEARS OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584122.
...PETITIONERS
(BY SRI. SUDHIRSINGH R. VIJAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF AGRICULTURE
MARKETING BANGALORE - 56 001.
2. THE DEPUTY DIRECTOR
DEPARTMENT OF AGRICULTURAL
MARKETING, APMC YARD
RAICHUR DIST.RAICHUR - 584 101.
3. THE SECRETARY
AGRICULTURAL PRODUCE
MARKET COMMITTE
LINGASUGUR TQ.LINGASUGUR
DIST.RAICHUR - 584122.
4. CHIJOTI ENTERPRISES LINGASUGUR
BY ITS PROP:SHARABHANNA
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584122.
5. SRI VENKATALAXMI ANESOR LINGASUGUR
BY ITS PROP:VENKATESH
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122
4
6. SRI SAMAPREETI ENTERPRISES LINGASUGUR
BY ITS PROP SHIVARAJ
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122
7. SRI MALLIKARJUN ENTERPRISES LINGASUGUR
BY ITS PROP: SHARANAPPA GOUDAR
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122
8. SRI NAGARESHWAR TRADERS LINGASUGUR
BY ITS PROP PRATAPA
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122
9. SRI MUKKANNESHWAR TRADING
COMPANY LINGASUGUR
BY ITS PROP: SRIKANTA BANNIGOLAKAR
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122
10. SRI VINAYA ENTERPRISES LINGASUGUR
BY ITS PROP:SHIVAKUMAR
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122
11. SRI SOGURESHWAR ENTERPRISES LINGASUGUR
BY ITS PROP SHARANABASAVA D
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
12. SRI SHIVALINGESHA TRADERS LINGASUGUR
BY ITS PROP BASAVESH
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584 122.
5
13. SRI PORASOMESHWAR ENTERPRISES LINGASUGUR
BY ITS PROP. VIJAY MAHANTESH
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST.RAICHUR - 584 122.
14. AYAN ENTERPRISES LINGASUGUR
BY ITS PROP SMT. GEETA
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
15. NEGILAYOGI AGRO CENTER LINGASUGUR
BY ITS PROP SMT. UMADEVI
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
16. SRI AMARESHWAR TRADING
COMPANY LINGASUGUR
BY ITS PROP: K. AMARESH
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
17. SRI MALLIKARJUN AND
COMPANY LINGASUGUR
BY ITS PROP RAVI PATIL
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
18. M/S PAVAN TRADERS LINGASUGUR
BY ITS PROP VENKATESH
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
19. M/S MAHANANDI TRADING
COMPANY LINGASUGUR
BY ITS PROP MANJUNATHA
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
6
DIST.RAICHUR - 584 122.
20. SRI VEERAMARUTESHWAR
TRADERS LINGASUGUR
BY ITS PROP ASHOK
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
21. VEENOD TRADERS LINGASUGUR
BY ITS PROP SMT.LAXMI
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
22. GURUVEEBHADRESHWAR TRADING COMPANY
LINGASUGUR, BY ITS PROP SMT.LALITHA
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
23. BASAVAJOYTI TRADERS LINGASUGUR
BY ITS PROP SHARANAPPA NILOGALL
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
24. AKASYA TRADERS LINGASUGUR
BY ITS PROP KALAKAPPA
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
25. SRI HONNALLI BASAVESHWAR
TRADERS LINGASUGUR
BY ITS PROP HOLAGAPPA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
26. SRI SIDDARAMESHWAR AGENCY LINGASUGUR
BY ITS PROP VEERANAGOUDA
AGE: MAJOR OCC: BUSINESS
7
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
27. CHITTARGI CHIJYOTI TRADERS LINGASUGUR
BY ITS PROP CHANDRASHEKAR
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
28. SRI KALKALESHWAR TRADERS LINGASUGUR
BY ITS PROP MALLIKARJUN KALLOR
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
29. SRI GURULENGESHWAR TRADERS LINGASUGUR
BY ITS PROP: SHIVANAND REDDY
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
30. SRI AMARESHWAR GUNNY MERCHANTS &
TRADING LINGASUGUR
BY ITS PROP RAMESH NAIK
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
31. SRI GURUGAJADANDESHAWAR
TRADING COMPANY LINGASUGUR
BY ITS PROP MANJUNATHA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
32. SRI DEEPA TRADERS KHAIRWADAGI
BY ITS PROP SMT.LAKKAMMA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
8
DIST RAICHUR - 584 122.
33. SRI JANNMA TRADERS LINGASUGUR
BY ITS PROP DODDANAGOUDA
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
34. SRI RACHUTI VEERABHADRESHAWAR
TRADING COMPANY LINGASUGUR
BY ITS PROP AMARESH
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
35. SRI YADIYOUR SIDDALINGESWAR
TRADERS LINGASUGUR
BY ITS PROP KARIVEERAYYA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
36. SRI VEERALINGESHWARA TRADERS
LINGASUGUR BY ITS PROP ADAPPA
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
37. SRI SHARANU TRADERS MUDAGAL
BY ITS PROP SMT.SHRUTI W/O CHANNAPPA
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
38. AMARA TRADING COMPANY LINGASUGUR
BY ITS PROP K AMARESH
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
39. SRI HULEGEMMADEVI TRADERS LINGASUGUR
BY ITS PROP SUKUMUNIYAPPA
9
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
40. HALEEKOTI VEERABHADRESHWAR
TRADERS TURADAGI LINGASUGUR
BY ITS PROP NAGANGOUDA TURADAGI
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
41. RAKESH TRADERS HONUR LINGASUGUR
BY ITS PROP HANUMESH
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
42. SRI GANESH TRADING
COMPANY LINGASUGUR
BY ITS PROP KUBERAPPA SAJJAN
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
43. PRATISKAYA TRADERS
NAGALAPUR LINGASUGUR
BY ITS PROP MALLAPPA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
44. SRI RAMANAGOUDA
ENTERPRISES LINGASUGUR
BY ITS PROP BASAVARAJ
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
10
45. SRI SAJJALASRI TRADING
COMPANY YARIGONTI CROSS
LINGASUGUR BY ITS PROP SMT.KALAMMA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
46. SRI AMARESHWAR TRADERS LINGASUGUR
BY ITS PROP DEVAREDDY
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
47. NISHATA TRADERS LINGASUGUR
BY ITS PROP SMT.JUBEDABEGUM
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
48. KHUSHI ENTERPRISES LINGASUGUR
BY ITS PROP TIPPANNA R NAIK
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
49. SRI ISHAWAR TRADERS LINGASUGUR
BY ITS PROP AMAREGOUDA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
50. SRI MALLIKARJUN TRADERS MUDAGAL
BY ITS PROP MALITESHGOUDA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
11
51. SRI CHANNAVEERESHWAR
TRADING COMPANY LINGASUGUR
BY ITS PROP SMT. RACHAMMA
W/O MAHANTESH AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
52. SRI KHANTI BASAVESHWAR
TRADERS LINGASUGUR
BY ITS PROP VEERBHADRAPPA
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
53. SHANKAR TRADING COMPANY LINGASUGUR
BY ITS PROP MAHESH PATIL
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
54. BALAJI ENTERPRISES LINGASUGUR
BY ITS PROP R AMARESH
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
55. SRI CHATRANJAYA TRADERS LINGASUGUR
BY ITS PROP SMT. PUSHPA
W/O PAMAYYA
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
56. SHIVA TRADERS LINGASUGUR
BY ITS PROP PRASANNKUMAR
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
57. SRI MURUGODI VASAVESHWAR
TRADERS LINGASUGUR
BY ITS PROP SHAMBHOLINGAPPA
PHOLABHAVI AGE: MAJOR
12
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
58. SRI AMARESHWAR AND COMPANY LINGASUGUR
BY ITS PROP. BASAPPA S/O AMARAPPA METI
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
59. BANDENVAJ TRADERS RODALABANDA CAMP
BY ITS PROP BANDEVAJ
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
60. MAILARLINGESHAWAR TRADING
COMPANY LINGASUGUR
BY ITS PORP SANGAMESH
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST.RAICHUR - 584 122.
61. KAMAL ENTERPRISES LINGASUGUR
BY ITS PROP SHARANABASAV
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
62. CHANNABASAVESHWAR ENTERPRISES AMADIHAL
BY ITS PROP:VISHWANATH HANAGI
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
63. SRINIVAS ENTERPRISES MUDGAL
BY ITS PROP: SMT.SUJATHA KAMPLI
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
64. SRI KANNIKA TRADERS MUDAGAL
BY ITS PORP SATISHA T
13
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
65. SRI VEERABHADRESHWAR ENTERPRISES MUDAGAL
BY ITS PROP:BHADARINARAYAN
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
66. BASAVASRI TRADERS MUDAGAL
BY ITS PROP SHAMBOLINGAPPA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
67. SAJJALSRI TRADING COMPANY MUDAGAL
BY ITS PROP NAVIN G.D.
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD, LINGASUGUR
DIST RAICHUR
68. SHARANABASAVESHWAR TRADERS MUDAGAL
BY ITS PROP SHARANABASAVARAJ
AGE: MAJO, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
69. SRI BASAVARAJ SAJJAN
AND SONS LINGASUGUR
BY ITS PROP BASAVARAJAPPA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
70. PRAKASH TRADERS MUDAGAL
BY ITS PROP NAVANITA
AGE: MAJOR, OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
14
71. JAIN ENTERPRISES MUDAGAL
BY ITS PROP SMT. SHANTAKUMARI
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
72. ROHIT ENTERPRISES MUDAGAL
BY ITS PROP NIKHITA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
73. SRI LAXMI VENKATESHWAR
FOOD PRODUCTS MASKI
BY ITS PROP KRISHANA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
74. PORNIMA ENTERPRISES MASKI
BY ITS PROP SMT. ANURADHA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
75. KANAKACHAL ENTERPRISES LINGASUGUR
BY ITS PROP PRAKASH PANAGANTI
AGE: MAJOR OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
76. MURTHONJAYA MARKETING MASKI
BY ITS PROP BASAVARAJ SALIMATHA
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
77. B.B.M KIRANI MASKI
BY ITS PROP MALLIKARJUN
15
AGE: MAJOR
OCC: BUSINESS
R/O APMC YARD LINGASUGUR
DIST RAICHUR - 584 122.
...RESPONDENTS
(BY SRI SHIVAKUMAR TENGLI AGA FOR R1 & R2,
SRI MALLIKARJUN C. BASAREDDY ADVOCATE FOR R3,
NOTICE TO R4 TO R 77 IS DISPENSED WITH
V/O DATED 15.12.2014)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR
DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE
CHART-II LIST DATED 25.09.2014 ISSUED BY THE SECRETARY APMC
LINGASUGUR RESPONDENT NO.3 VIDE ANNEXURE -'E' TO THE WRIT
PETITION.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Shivakumar Tengli, the learned Additional Government Advocate is directed to take notice for the respondent Nos.1 and 2. Sri Mallikarjun C. Basareddy, the learned counsel is directed to take notice for the respondent No.3. Notice to respondent Nos.4 to 77 is dispensed with. 16
2. Sri Sudhirsingh R. Vijapur, the learned counsel for the petitioners submits that the 3rd respondent has prepared Chart-I for allotment of sites on lease-cum-sale basis. He submits that the petitioners' names figure in the said list. However, the Agricultural Produce Market Committee has revised Chart-I by preparing the Chart-II. He submits that in Chart-II the petitioners' names are missing. He submits that the petitioners' names do not figure in the Chart-II. He prays for a direction to the 2nd respondent - Deputy Director of Agricultural Marketing to reject Chart-II and accept Chart-I.
3. Sri Mallikarjun C. Basareddy, the learned counsel for the 3rd respondent submits that this petition is premature. The sites cannot be allotted without prior permission of the Director of Agricultural Marketing Committee, as per the proviso to Section 9(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966. He 17 submits that the said Director has not yet passed any order on Chart-II.
4. Sri Shivakumar Tengli, the learned Additional Government Advocate submits that the Director would consider the list submitted to him strictly in accordance with law.
5. As of now no firm cause of action has accrued to the petitioners. The sites cannot be allotted to the respondent Nos.4 to 77 whose names figure in Chart-II without the permission of the Director. If, as and when the Director gives his approval to Chart-II or Chart-I or any other list, it is then that the petitioners get the cause of action to approach this Court. This petition is premature.
6. At this juncture, Sri Sudhirsingh R. Vijapur, submits that the petitioners have already submitted their representations to the 2nd respondent - Director, Agricultural Marketing for his approval to Chart-I. This petition is 18 disposed of as premature. Chart-II is in the nature of recommendations for the consideration of the 2nd respondent/Director, Agricultural Marketing. It cannot be presumed that the 2nd respondent/Director would give the permission or approval without following the procedures and parameters prescribed by law.
7. If the petitioners or the persons whose names figure in Chart-I or Chart-II give any representation to the second respondent/Director, he shall consider the same in accordance with law.
8. With these observations, these petitions are disposed of. No order as to costs.
Sd/-
JUDGE Sdu