IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.34849 OF 2015 (GM-RES) Between:
M/s. Jaimatha Rice Industries, Plot No.92, 93 & 94, 95, 2nd Phase, Antharasanahalli Industrial Area, Tumkur-572 106, By its Proprietor, Sri.Nagesh Babu, Aged about 48 years. ... Petitioner (By Sri. Basavaraj T., Advocate) And:
1. The State of Karnataka, By its Secretary, Department of Agriculture, Vidhana Soudha, Bengaluru-560 001.
2. The Joint Director, District Industrial Centre, Tumkur District, Tumkur-572 101.
3. The Director, Department of Agricultural Marketing, No.1, Raj Bhavan Road, Bengaluru-560 001.
4. The Agricultural Produce Market Committee, By its Secretary, Tumkur-572 101.
5. The Agricultural Produce Market Committee, By its Secretary, Davanagere-577 001.
6. The Agricultural Produce Market Committee, By its Secretary, Gangavathi, Koppal District-583 227.
7. The Agricultural Produce Market Committee, By its Secretary, Bellary-583 101.
8. The Agricultural Produce Market Committee, By its Secretary, SPL APMC Sub-Yard, Karatagi, Gangavathi Taluk, Koppal District-583 227.
9. The Agricultural Produce Market Committee, By its Secretary, Surapura, Yadagiri District-585 201.
10. The Agricultural Produce Market Committee, By its Secretary, Sindhanuru, Raichur District.-584 128. ... Respondents (By Sri. V. Sreenidhi, AGA for R1 to R3 Sri.Mallikarjun C. Basareddy, Advocate for R4 to R9) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct respondent No.3 to issue extended 7 years market fee exemption certificate as per the integrated Karnataka Agri-Business Development Policy 2011 vide Annexure-B in No.AHD 172 AFT 2010, Bengaluru dated 05.03.2011 and also as per the amended APMC Act, 2013.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
O R D E R It is undisputed by the respondents that the writ petitions filed by the similarly situated persons in W.P No.101245/2016 and connected matters and in W.P. No.2175/2017 and other connected matters have been allowed declaring that similarly situated persons are entitled to exemption from paying the market fee because exemption from payment of market fee is granted in terms of Comprehensive Integrated Karnataka Agri-Business Development Policy, 2011, for the years 2014 to 2019, that is given effect to by the Government vide its Order dated 1.10.2014.
2. If similarly situated persons are granted exemption from the payment of market fee, there cannot be any reason for denial of the same to the petitioner in this writ petition. Therefore, this writ petition is disposed of in terms of the order passed in W.P. No.2175/2017 and connected writ petitions and the order dated 28.2.2017 passed in W.P. No.101245/2016 and connected petitions. The respondents or the authorities/agencies claiming under them are restrained from insisting for payment of market fee contrary to the Karnataka Agri-Business Development Policy, 2011.
SD/- JUDGE CS/-
CT:RG