IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.43096/2016 (APMC) BETWEEN :
K.DEVENDRAPPA S/O HANUMANTAPPA AGED ABOUT 53 YEARS OCC: AGRICULTURIST R/O KAKKARAGOL VILLAGE, KASABA HOBLI, TQ & DIST. DAVANAGERE – 577589 ...PETITIONER (BY SRI BASAVARAJ R. BANNUR, ADV.) AND :
1. AGRICULTURAL PRODUCE MARKET COMMITTEE, DAVANAGERE, REP. BY ITS SECRETARY AT TQ & DIST. DAVANGERE - 577003 2. THE PRESIDENT THE MARKETING COMMITTEE, AGRICULTURAL PRODUCE MARKET COMMITTEE, DAVANAGERE AT TQ & DIST. DAVANGERE - 577003 3. THE MARKETING COMMITTEE, AGRICULTURAL PRODUCE MARKET COMMITTEE, DAVANAGERE AT TQ & DIST. DAVANGERE - 577003 4. MURIGEPPA S/O RUDRAPPA, PROPRIETOR, M/S RAVI TRADERS, COMMISSION AGENTS, APMC YARD, "C" BLOCK, DAVANAGERE, DAVANAGERE TQ & DIST. - 577 003. …RESPONDENTS (BY SRI J.M.ANIL KUMAR, ADV. FOR R-1;
R-2, R-3 & R-4 ARE SERVED & UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIONL OF INDIA PRAYING TO DIRECT RESPONDENTS TO ACT ON THE COMPLAINT VIDE ANNEX-A DATED 12.08.2015 FILED BY THE PETITIONER AND TAKE A DECISION WITHIN 4 WEEKS.
THIS PETITION COMING ON FOR PRL.HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner seeking for appropriate directions to the respondents to act on the complaint dated 01.08.2015 filed by the petitioner.
2. Perused Annexure-A styled as a complaint submitted before the respondents to take appropriate action against the respondent No.4. The said representation/complaint is in the nature of criminal complaint seeking to take action under Section 3(1), (iv) and (v) of SC/ST (POA) Act, 1989 and under Sections 406, 420 of IPC. No such direction can be issued to the authorities acting under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (‘Act’ for short) to consider the complaint and take action under the provisions of SC/ST Act and IPC. The Writ Petition is unsustainable.
3. Petition stands dismissed as devoid of merits with liberty to the petitioner to submit a fresh representation before the respondents No.1 to 3 seeking for the appropriate relief/s. On such representation being filed by the petitioner, the same shall be considered by the respondents No.1 to 3 in accordance with law as expeditiously as possible.
Sd/- JUDGE ln.