IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.17767/2015 (APMC) BETWEEN:
SMT. MANJULA W/O. NARASHIMA MURTHY T.V. AGED ABOUT 39 YEARS, R/AT BHAGYANAGARA, BELAGUMBA ROAD, TUMKUR TOWN.
(BY SRI M.R. RAJAGOPAL, ADV.) ... PETITIONER AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BANGALORE - 560 001.
2. THE SECRETARY AGRICULTURAL PRODUCE MARKET COMMITTEE BATAWADI, TUMKUR CITY - 572 103.
... RESPONDENTS (BY SRI M.A. SUBRAMANI, HCGP FOR R1; SRI T.SWAROOP, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMMUNICATION DATED 16.04.2015 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-H; DIRECT THE 2ND RESPONDENT MARKET COMMITTEE TO ALLOT EITHER SHOP NO.D-22 OR ANY OTHER SHOP VIZ., SHOP Nos.23 & 24 IN C- BLOCK TOWARDS THE WESTERN SIDE OR SHOP Nos.21 & 22 TOWARDS THE EASTERN SIDE IN C-BLOCK IN THE FLOWER LANE IN FAVOUR OF THE PETITIONER FORTHWITH.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner had submitted a representation dated 30.06.2010 seeking allotment of vacant shop bearing No.D-27 at Antarasanahalli APMC Yard. The same having not been considered, W.P.No.64/2010 was filed. By reason of the Order dated 06.08.2010, as at Annexure-A, petition was disposed of with an observation that the APMC Tumkur would consider the representation bearing in mind that the shop allotted to the petitioner is situated next to a public toilet and that she has problem to do business of flower vending therein.
2. During the course of arguments, learned advocate for the petitioner sought permission to withdraw this petition with liberty being reserved to the petitioner to submit a detailed representation to respondent No.2 in the matter of allotment of an alternative shop suitable for flower vending, as the shop which has now been allotted is unsuitable for flower vending, the same being squeezed in the area wherein only vegetables are being sold.
Submission of learned counsel is recorded and the petition is permitted to be withdrawn with liberty reserved to the petitioner to submit a detailed representation to respondent No.2 for consideration.
Needless to observe that the grievance of the petitioner shall be considered sympathetically and an amicable solution would found while passing order.
Ordered accordingly.
Sd/- JUDGE sac*