IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.36241/2011(APMC) BETWEEN 1. THE BANGALORE WHOLESALE FOOD GRAINS AND PULSES MERCHANT ASSOCIATION, REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE APMC YARD, YESHWANTHPUR, BANGALORE 560 022, BY ITS PRESIDENT, SRI RAMESH CHANDRA LAHOTI.
2. THE BANGALORE GRAIN MERCHANT ASSOCIATION, HAVING ITS OFFICE AT 2ND FLOOR, 5TH MAIN ROAD, APMC YARD, YESHWANTHPUR, BANGALORE -560 022 REPRESENTED BY ITS JOINT SECRETARY, SRI C. SAI RAM PRASAD ... PETITIONERS (BY SRI S.V.GIRIDHAR, ADVOCATE) AND :
1. DIRECTOR OF AGRICULTURAL MARKETING, GOVERNMENT OF KARNATAKA, NO.16, 2ND RAJBHAVAN ROAD, BANGALORE.
2. PRINCIPAL SECRETARY, STATE OF KARNATAKA, BY ITS DEPARTMENT OF AGRICULTURAL MARKETING, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE – 560 001 3. METRO CASH & CARRY INDIA PVT. LTD., A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.26/3, INDUSTRIAL SUBURBS, ‘A’ BLOCK, SUBRAHMANYANAGAR, WARD NO.9, BANGALORE – 560 055 REPRESENTED BY ITS MANAGER LEGAL MR.JAYADEEP BALAKRISHNA ... RESPONDENTS (BY SRI Y.D.HARSHA, AGA FOR R1, SRI VENKATESH DODDERI, ADVOCATE FOR R2, SRI SHRAVANTH ARYA TONDRA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AND QUASH RULE 87B OF THE KARNATAKA AGRICULTURAL PRODUCE MARKETING [REGULATION AND DEVELOPMENT] RULE 1968 AS AMENDED VIDE ACT NO.23 OF 2007 FRAMED BY THE GOVERNMENT VIDE NOTIFICATION DATED 19.3.2008 AND PUBLISHED IN THE EXTRAORDINARY GAZETTE DATED 20.3.2008 AS AT ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed seeking quashing of Rule 87-B of the Karnataka Agricultural Produce Marketing (Regulation and Development) Rules, 1968 and other reliefs.
2. It is seen that when this matter was taken up before this Court on 2.8.2016, learned counsel for respondent No.3 has filed a memo along with copy of notification bearing No.CO 215 MRE 2013 (P1), Bengaluru, dated 17.2.2014 notifying amendment to the Karnataka Agriculture Produce Marketing (Regulation and Development)(Amendment) Rules, 2014. After filing of said memo on 02.08.2016 the matter was adjourned to 19.8.2016, on which day learned counsel for petitioners has taken time to file an application seeking amendment to the writ petition, however till to-day the same is not done.
3. Therefore in view of amendment to Rule 87B is already being notified, this writ petition filed challenging the earlier Rule 87B does not survive for consideration, accordingly this petition is dismissed as it has become infructuous.
Sd/- JUDGE nd/-