IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF APRIL, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.64572/2016 (APMC) BETWEEN:
1. SRI G.P. JAYARAJU S/O LATE G.V. PUTTANNA AGED ABOUT 54 YEARS 2. SRI G.P. HARSHA S/O LATE G.V. PUTTANNA AGED ABOUT 52 YEARS 3. SRI VARDHAMAN S/O LATE G.V. PUTTANNA AGED ABOUT 48 YEARS ALL ARE R/AT NO.162, ‘A’ BLOCK, APMC YARD BANDIPALYA MYSORE – 570 025. PROPRIETORS OF M/s. G.V. PUTTANNA ONION, POTATO GARLIC MERCHANTS TRADERS AND COMMISSION AGENTS NO.162, ‘A’ BLOCK, APMC, BANDIPALYA MYSORE – 570 025.
…PETITIONERS (BY SRI N. MURALI, ADV.) AND:
1. THE PRINCIPAL SECRETARY IMPROVEMENT OF AGRICULTURAL MARKETS M.S. BUILDING BANGALORE – 560 001.
2. THE SECRETARY AGIRCULTURE PRODUCE & MARKET COMMITTEE BANDIPALYA MYSORE – 570 025.
…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 DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 23.11.2015 & 03.10.2016 VIDE ANNEXURES – C AND L TO THE WRIT PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Indisputably, site No.162 situated at ‘A’ Block, APMC Yard, Bandipalya, Mysuru, was allotted on 20.09.2014 in favour of Sri G.V. Puttanna, father of the petitioners and that he constructed a shop and carried on business therein. Sri G.V. Puttanna, has died on 03.07.2015. Petitioners made a representation to the 2nd respondent on 23.11.2015 for transfer of katha of the said shop by making reference to the bequeath made in a registered Will dated 14.07.2008 of Sri G.V. Puttanna. In response to the same, 2nd respondent notified the petitioners on 09.12.2015, to produce certain documents. The petitioners without production of the documents shown in the notice as at Annexure-K and having submitted a representation vide Annexure-L, filed this writ petition asking for a mandamus against respondent No.2 to consider the representations made vide Annexures – C and L and pass order.
2. Heard the learned advocates and perused the record.
3. There is no denial of the fact that the petitioners submitted representations on 23.11.2015 and 03.10.2016 vide Annexures – C and L. Whether the reply submitted by the petitioners vide Annexure-L is satisfactory or not is a matter which is required to be considered by respondent No.2. As sufficient period has elapsed after the representation vide Annexure-C and reply vide Annexure-L were submitted, there is justification to direct the 2nd respondent to consider the grievance of the petitioners.
In the said view of the matter, without going into the merit of the claim made by the petitioners in Annexures – C and L, the respondent No.2 is directed to consider the claim made for transfer of katha of shop No.162, ‘A’ Block, APMC Yard, Bandipalya, Mysuru, within a period of eight weeks from the date a copy of this order is produced by the petitioners. The outcome of consideration be made known to the first petitioner, on behalf of all the petitioners, without any delay.
Sd/- JUDGE ca