IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR BETWEEN REVIEW PETITION NOS.389/2018 & 198/2019 & 199-206/2019 IN W.P.NOS.16956-16965/2018 (APMC) THE AGRICULTURAL PRODUCE MARKET COMMITTEE RMC YARD,YESHWANTHPUR BENGALURU-560 022 REP. BY ITS SECRETARY ... PETITIONER (BY SRI MALLIKARJUN C BASAREDDY, ADV.) AND 1. M/S SAVITHA TRADERS POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 49, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU - 560022.
DULY REP SAMPANGIRAMAIAH, S/O. LATE.CHIKKAMUNIYAPPA, AGE 62 YEARS, BENGALURU.
2. M/S MADHU TRADING COMPANY M/S SAVITHA TRADERS POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 81, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PARTNER SIR Y SRINIVAS S/O VENKATESH, AGE 62 YEARS, BENGALURU.
3. M/S KAVERI TRADERS POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO.18, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP SRI RAMAKRISHNA REDDY, S/O. NARAYANA REDDY, BANGALORE.
4. M/S MANOHAR TRADING COMPANY POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 41, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP SRI G. MADHUMORE S/O LATE. CY GANGADHAR, BENGALURU.
5. SRI RAGHAVENERA TRADING COMPANY POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 51, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP SMT. M RAJESHWARI W/O N MUNIRAJU, BENGALURU.
6. M/S RAGHAVENDRA TRADING COMPANY POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO.75, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP SRI C M VENKATARAMANA S/O LATE. GURRAPPA, BENGALURU.
7. M/S SS SRI BALAJI TRADING COMPANY POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 46, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP SRI DEVENDRA S/O LATE GOVINDASWAMY, BENGALURU.
8. M/S SRI DHANALAXMI TRADING COMPANY POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 12, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP SRI. R. VENKATESH S/O LATE RAMDAS, BENGALURU 9. M/S SRI MANJU TRADERS COMPANY POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 59, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP SRI. G MANJUNATH S/O M GANGOJIRAO, BENGALURU.
10. M/S OMKAR TRADERS POTATO ONION MERCHANTS AND COMMISSION AGENTS, SHOP NO. 74, 1ST FLOOR, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU 560022. DULY REP. ITS PROP K R PREMKUMAR S/O K N RAMAKRISHNAPPA, BENGALURU 11. THE CHIEF SECRETARY GOVT. OF KARNATAKA, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
12. THE DIRECTOR OFFICE OF THE DIRECTOR OF AGRICULTURAL PRODUCE, NO.16, II, RAJBHAVAN ROAD, BENGALURU-560 001.
13. THE CHAIRMAN ADMINISTRATOR AGRICULTURAL PRODUCE MARKET COMMITTEE, RMC YARD, YESHWANTHPUR, BENGALURU-560 022.
... RESPONDENTS (BY SRI MALLIKARJUN B.C, ADV. FOR R1-R10, SRI M.A.SUBRAMANI, HCGP FOR R11 & R12, NOTICE TO R13 D/W.) THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 15.09.2018 PASSED IN WP NO.16956-16965, ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BANGALORE.
THESE REVIEW PETITIONS COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER The review petitions are preferred seeking for review of the order dated 15.09.2018. The said order came to be passed in the light of detailed interim order passed by this court on 03.07.2018. By the said interim order, the order of stay granted in favour of the petitioners came to be vacated and the petitioners were directed to shift their trading activities to the Dasanapura Sub Market Yard from Yeshwantpur Market Yard and four months time was granted. Following the said interim ruling the learned counsels prayed for disposal on similar terms. Accordingly, the writ petition came to be disposed off.
2. Subsequently, the review petitions are filed on account of the filing of the petitions which came to be withdrawn a short while ago complaining that the same amounts to an abuse of process of the court.
3. After hearing the learned counsels in the Review Petitions, this court as an interim measure, directed the sealing of the shops of such of those petitioners who had filed the second writ petition for a similar relief i.e. the writ petitions which came to be withdrawn. That apart on the earlier writ petition relief was granted only for a period of four months and period having lapsed, no purpose would be served in reviewing or recalling the order dated 15.09.2018. It is always open to the petitioner’s marketing committee to initiate such action as is permissible under the APMC Act.
4. Learned counsel for the petitioner submits that the traders have actively suppressed the fact of them filing an affidavits pursuant to the earlier order and have approached this court and that such act of suppression is a blatant abuse of process of the court and hence, respondents ought to be visited with exemplary cost.
Hence, the review petitions are disposed off by imposing cost of Rs.5,000/- (Rupees Five Thousand only) each on the respondents. The costs to be paid by each of the respondent to the Market Committee. The costs shall be paid within four weeks from today.
The review petitions stand disposed off accordingly.
Sd/- JUDGE Chs* CT-HR