IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY W.P.No.32342/2017 (APMC) BETWEEN:
M/S. AMBIKA TRADERS REP. BY ITS PROPRIETOR, SRI. K.S. SRINIVAS GUPTA, AGE 70 YEARS, OCC: BUSINESS, R/O. SHOP NO.8/9, 6TH MAIN, APMC YARD, YESHWANTHPUR, BANGALORE – 560 022. ... PETITIONER (BY SRI: S.R. SHINDE, ADVOCATE) AND:
1. THE AGRICULTURAL PRODUCED MARKET COMMITTEE REP. BY ITS SECRETARY, APMC YARD, YESHWANTHPUR, BANGALORE – 560 022.
2. THE AGRICULTURAL PRODUCED MARKET COMMITTEE REP. BY ITS CHAIRMAN, APMC YARD, YESHWANTHPUR, BANGALORE – 560 022.
3. THE DIRECTOR OF AGRICULTURAL MARKETING NO.16, 11TH RAJ BHAVAN ROAD, BANGALORE – 560 001. ... RESPONDENTS (BY SRI: T. SWAROP, ADVOCATE FOR R-1 & R-2; SMT. KAVITHA .H.C, HCGP FOR R-3) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DELIVER THE VACANT POSSESSION OF THE SHOP CUM GODOWN, BEARING NO.754 (MORE FULLY DESCRIBEDIN SCHEDULE) TO THE PETITIONER AND EXECUTE THE REIGSTERED SALE DEED IN RESPECT OF SHOP CUM GODOWN BEARING NO.754 IN FAVOUR OF PETITIONER BEFORE CONCERNED SUB-REGISTRAR.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, COURT MADE THE FOLLOWING:-
O R D E R Sri T.Swaroop, learned counsel is directed to take notice for respondent Nos.1 and 2 and Smt.Kavitha H.C., learned H.C.G.P. is directed to take notice for respondent No.3.
2. This petition is filed by the petitioner praying to direct the respondents to deliver the vacant possession of the shop-cum-godown, bearing No.754 and to execute the registered sale deed in respect the said shop in his favour.
3. It is the case of the petitioner that as per the terms of the allotment, he has paid the entire amount to the respondents, but they have not delivered the vacant possession of the said shop. It is submitted that the petitioner has already deposited the entire amount as demanded by the Secretary, APMC and he has requested to consider the application for renewal of licence from the year 2000 onwards.
4. It is submitted by the learned counsel for respondent Nos.1 and 2 – APMC, that petitioner has not produced the original receipt for having deposited the entire amount. In light of this submission, petitioner is directed to produce the original receipt for having deposited the entire amount. On such production of the receipt, respondents are directed to consider the case of the petitioner within a period of four weeks thereafter. Respondents are directed to execute the sale deed if the petitioner satisfies the requirements of the respondents and in accordance with law.
5. With the aforesaid observations, the petition stands disposed of.
Sd/- JUDGE *mvs