IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.42726/2018 (APMC) Between:
M/s. Channabasaveswara Traders, APMC Yard, Shikaripura – 577 427. Represented by its Partner -
S.G. Praveen, Aged 36 years, S/o. Ganeshappa, Residing at No.11, Kumbaragundi, Durgammana Keri, Shikaripura – 577 427. ... Petitioner (By Sri. B. Prabhudeva, Advocate) And:
1. The Director of Agricultural Marketing, No.14, 2nd Rajabhavana Road, Bengaluru – 560 001.
2. The Deputy Director of Agricultural Marketing, Shivamogga District, APMC Yard, Sagar Road, Shivamogga – 577 201.
3. Agricultural Produce Market Committee, Shikaripura – 577 427. Represented by its Secretary.
4. The Chairman, Agricultural Produce Market Committee, Shikaripur – 577 427. … Respondents (By Smt. B.P. Radha, AGA for R-1 and R-2; Sri. T. Swaroop, Advocate for R-3 and R-4) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 14.09.2018 issued by the 4th respondent a copy of which is produced at Annexure-T and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
ORDER The petitioner has been granted licence to trade in terms of Section 72(4) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1968.
2. The petitioner had been granted permission to put up construction of godown in the site that was allotted. In the meanwhile, it is stated that contrary to the sanctioned plan, the petitioner is stated to have put up construction on the second floor and noticing the same, a notice came to be issued to the petitioner to stop construction and remove the unauthorized construction.
3. It is stated that subsequently the petitioner has sought for approval of a modified plan to include within the ambit of the plan the additional construction as well. In the meanwhile, upon inspection, Technical report was submitted as per Annexure-S1 by the Assistant Executive Engineer to the Secretary, APMC, Shivamogga. Certain observations were made as regards the construction that was carried out in violation of the sanctioned plan.
4. The petitioner has filed an affidavit stating that in terms of the observations made in the Technical Report at Annexure-S1, necessary alterations have been carried out.
5. It is submitted by the learned counsel appearing on behalf of the respondent – Agricultural Produce Market Committee (APMC) that a final decision as regards grant of permission for construction on the second floor is to be made by the APMC.
6. Accordingly, taking note of the affidavit filed by the petitioner, APMC is directed to consider the request of the petitioner as per law for regularization/approval of the construction put up on the second floor.
7. In light of the said direction made above and also noticing that the prayer as regards the challenge to the order at Annexure-T dated 14.09.2018 has become infructuous, no further orders are called for.
Subject to the above observations, this writ petition is disposed of.
SJK Sd/- JUDGE