IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 P R E S E N T THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE & THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.53927/2016 (APMC) PIL BETWEEN:
1. N.H.Manjunath, S/o.N.S.Halappa, Age: 48 years, Agriculturist, R/o. Bharamasagara, Chitradurga District-577 501.
2. D.S.Praveen Kumar, S/o.D.V.Sharanappa, Age: 60 years, Agriculturist, R/o. Bharamasagara, Chitradurga District-577 501. …PETITIONERS (By Sri. Mahesh R.Uppin, Adv.) AND:
1. State of Karnataka, By its Secretary, Department of Agriculture, Vidhana Soudha, Bengaluru-560 001.
2. Director, Department Agricultural Marketing, No.16, 2nd Rajabhavan Road, P.B.No.5309, Bengaluru-560 001.
3. Agricultural Produce Market Committee, Chitradurga, By its Secretary-577 501.
4. Administrator, Agricultural Produce Market Committee, Chitradurga, By its Secretary-577 501, & Deputy Commissioner, Chitradurga-577 501.
5. Deputy Director of the Social Welfare Department, Chitradurga-577 501.
6. Hon’ble Minister for Social Welfare, Government of Karnataka, Vidhana Soudha, Bengaluru-560 001.
R6 is deleted as per the order dated 21.10.2016. ...RESPONDENTS (By Sri.D.Nagaraj, AGA for R1, R2 & R4, R5; Sri.T.Swaroop, Adv., for R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the resolution dated 01.06.2016 bearing subject No.2 passed by respondent No.3 at Annex-L and the letter dated 17.06.2016 at Annex-M written by respondent No.3 and the order dated 11.08.2016 at Annex-Q passed by respondent No.1 and the letter dated 27/29-08-2016 at Annex-R written by respondent No.2, etc.
This Writ Petition coming up for Preliminary Hearing in ‘B’ Group, this day, P.S. Dinesh Kumar J., made the following:
ORDER Petitioners have filed this petition in public interest, seeking quashing of resolution dated 01.06.2016 (Annexure-L) passed by the Administrator, Agricultural Produce Market Committee, Chitradurga (for short, ‘APMC’), allotting 1 acre of land belonging to APMC for the purpose of construction of Dr.Jagajeevanram Bhavana/College, Hostel for Boys and Girls.
2. Sri Mahesh R. Uppin, learned counsel for the petitioners submits that a similar request made for allotment of land was rejected by the elected body on 30.09.2014. However, during the tenure of Administrator, the instant resolution has been passed. The said resolution runs contrary to the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004. He submits that land belonging to APMC could not have been diverted for the purpose of construction of a hostel for students. Accordingly he prays for setting aside the impugned resolution.
3. Sri D. Nagaraj, learned Additional Government Advocate supporting the impugned order, submits that when a Market Committee is superseded, by virtue of S.127(2)(ii) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, all powers, duties conferred and imposed on the Marketing Committee shall be exercised and performed by such Officer as the State Government may appoint. Hence, the Deputy Commissioner who was the Administrator at the material point of time had power and authority to carryout all the duties and functions of the APMC.
4. So far as the interest of the petitioners is concerned, Sri Nagaraj submits that admittedly, petitioners are also Members of the APMC. Therefore there is no public interest involved in this petition.
5. Adverting to the impugned Notification, Sri Nagaraj pointed out that the godowns constructed in the APMC Yard have remained unoccupied for years. As many as eight traders are carrying on their business operations outside the APMC Yard and notices have been issued to said traders. Thus, while the godowns in the Yard were vacant, the traders have been carrying on their business operations outside the APMC Yard. In substance, Sri Nagaraj contends that the APMC Yard consists of 9.25 acres of excess land and therefore the Administrator has taken a decision to allot 1 acre of land for the construction of a hostel. With these submissions, he prayed for dismissal of this writ petition.
6. Admittedly, the petitioners are also Members of APMC. Section 127(2)(ii) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, empowers the Administrator to perform all duties and functions of the APMC. We have carefully examined the reasons recorded in the impugned resolution dated 01.06.2016 and find no legal infirmity therein. Further, in view of the fact that petitioners themselves are also Members of the APMC, we find no public interest. Hence, this writ petition fails and accordingly it is dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE sac*