IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.4085/2017 (APMC) BETWEEN:
THE SECRETARY AGRICULTURAL PRODUCE MARKETING COMMITTEE YASHWANATHAPURA BANGALORE-560 022 ...APPELLANT (BY DR. NANDA KISHORE, ADVOCATE) AND:
1. SRI SIVASHAKTHI TRADERS NO.29, RAITHA BHAVANA APMC YARD, YASHWANTHAPURA BANGALORE-560 022 REPRESENTED BY ITS PROPRIETOR SRI S.MUNIKRISHNA 2. THE DIRECTOR OF AGRICULTURAL MARKET NO.16, 11TH RAJBHAVAN ROAD BENGALURU-560 001 …RESPONDENTS (BY SRI B.R.SATHENAHALLI, ADVOCATE FOR R1; SRI S.S.MAHENDRA, AGA FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 24.03.2017 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.11602/2017.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
J U D G M E N T Heard Dr.Nanda Kishore, learned Advocate for the appellant, Sri B.R.Sathenahalli, learned Advocate for respondent No.1 and Sri S.S.Mahendra, learned Additional Government Advocate for respondent No.2.
2. For the sake of convenience, parties shall be referred to as per their status before the Hon’ble Single Judge.
3. The Agricultural Produce Marketing Committee (‘APMC’ for short) respondent before the Hon’ble Single Judge has preferred this appeal challenging order dated 24.03.2017 in WP.No.11602/2017 directing the APMC to consider writ petitioner’s case for allotment of a shop-cum- godown on ‘leave and licence basis’.
4. This case has a chequered history. Petitioner was allotted a site as early as in the year 1981 with certain conditions which included construction of building within two years. Admittedly, the petitioner did not construct the building. The allotment was cancelled and possession of the property was resumed.
5. So far as the issue with regard to site is concerned, the Hon’ble Single Judge has recorded that it has attained finality and that no relief could be granted with regard to the same as it is hit by the principles of res-judicata.
6. The petitioner also requested for a shop-cum-godown on ‘leave and licence basis’. The Hon’ble Single Judge by the impugned order has directed the APMC to consider his request. Hence, this appeal.
7. The Hon’ble Single Judge having directed consideration of petitioner’s request by the APMC, we see no ground to interfere in the impugned order. Accordingly, we dispose of this appeal by confirming the impugned order with a direction to the APMC to comply with the order passed by the Hon’ble Single Judge within two months from the date of receipt of a copy of this order.
8. In view of disposal of the writ appeal, IA.No.2/2018 does not survive for consideration and the same is accordingly disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB