IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.25042/2018 C/W WRIT PETITION Nos.23857-23864/2018, 23865/2018, 24920/2018 (APMC) W.P.No.25042/2018:
Between:
Sri. K. Armugam, S/o Sri. Krishna Reddy, Aged about 38 years, M/s. Sri. Manjunatha Trading Company, Code No.5072, Onion & Potato Merchant & Commission Agency, Shop No.29, South Godown, 1st Floor, APMC Yard, Yeshwarnthpur, Bengaluru – 560 022. … Petitioner (By Sri. S.V.Angadi, Advocate) AND:
1. The Chief Secretary, The Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001.
2. The Director, Agricultural Marketing, No.16, II Raj Bhavan Road, Bengaluru – 560 001.
3. Agricultural Produce Market Committee, R.M.C.Yard, Yeshwanthpur, Bengaluru – 560 022, By its President.
4. Agricultural Produce Market Committee, R.M.C.Yard, Yeshwanthpur, Bengaluru – 560 022, By its Secretary.
5. The Director of Town Planning in Karnataka, Gate No.IV, M.S. Building, Bengaluru – 560 001. …Respondents (By Smt. B.P.Radha, AGA for R-1, R-2 & R- 5; Sri. T.Swaroop, for R-4) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to allow the writ petition by quashing the dated 16.08.2017 issued by the respondent No.3 Annexure-C and also to declare that the same is illegal, unconstitutional and ultra- vires, etc.
W.P. Nos.23857-23864/2018:
Between:
1. M/s. Ajjayya Trading Company, Potato Onion Merchants & Commission Agents, Shop No.55, 1st Floor, 4th Main, 7th Cross, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Prop. Sri Narasimhaiah, S/o Shivanna, Aged about 62 years, Bengaluru.
2. M/s. Thammanna Traders, Potato Onion Merchants & Commission Agents, Shop No.62, 1st Main, Garlic Complex, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Prop. Sri.K.Ramaiah, S/o.Kumbaiah Aged about 51 years, Bengaluru.
3. M/s. Narayana Traders, Potato Onion Merchants & Commission Agents, Shop No.5, 2nd Main Road, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Prop. Sri. Narayana, S/o. Late Annegowda, Aged about 49 years, Bengaluru.
4. M/s. Aloo Trading Company, Potato Onion Merchants & Commission Agents, Shop No.22, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by Shafiulla Khan, S/o. Amanulla Khan, Aged about 52 years, Bengaluru.
5. Sri. Shivaprakash Traders, Potato Onion Merchants & Commission Agents, Shop No.52/25, 1st Main, Lorry Maidana Godown Street, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Proprietor K.H.Shivanna, S/o. Huchahanumaiah, Aged about 57 years, Bengaluru.
6. M/s.Krushi Traders, Potato Onion Merchants & Commission Agents, Shop No.65, Kirana Complex, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Proprietor Sri.Virupaksha K.V. S/o. E.Veerabhadra Shetty, Aged about 49 years, Bengaluru.
7. M/s. Sapthagiri Traders, Potato Onion Merchants & Commission Agents, Shop No.52/2/7, 3rd Cross, 2nd Main Road, Hanuman Complex, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Proprietor Sri.N.Muniraju, S/o. B.M.Narayanaswamy, Age 59 years, Bengaluru.
8. M/s. Sri Hariprasad Traders Potato Onion Merchants & Commission Agents, Shop No.45, 1st Floor, Garlic Complex, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Proprietor Sri. N.H.Kumar, S/o. Late Hanumegowda, Age 47 years, Bengaluru. … Petitioners (By Sri. Mallikarjuna B.C., Advocate) AND:
1. The Chief Secretary, The Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001.
2. The Director, Office of the Director of Agricultural, No.16, II Raj Bhavan Road, Bengaluru – 560 001.
3. The Chairman Agricultural Produce Market Committee, R.M.C.Yard, Yeshwanthpur, Bengaluru – 560 022.
4. The Agricultural Produce Market Committee, R.M.C.Yard, Yeshwanthpur, Bengaluru – 560 022.
Duly represented by its Secretary. … Respondents (By Smt. B.P.Radha, AGA for R-1 & R-2; Sri. T.Swaroop, for R-4) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash the paper notification issued by the Respondent No.3 dated 16.08.2017 published in the paper dated 18.08.2017 thereby ordering the transport vehicles carrying onion and potato to get permit from the Dasanapura APMC and then proceed to the respective shops situated either at Dasanapura APMC or Yeshwanthpura APMC vide Annexure-‘A’, etc.
W.P. No.23865/2018 Between:
M/s. Sri. Mahakooteshwara Trading Company, Potato Onion Merchants & Commission Agents, Shop No.48, 2nd Main Road, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Prop. Sri. M. B. Shivaprasad, S/o. M. Basawanthappa, Aged about 48 years, Bengaluru. … Petitioner (By Sri. Mallikarjuna B.C., Advocate) And:
1. The Chief Secretary , The Government of Karnataka, Vidhana Soudha, Bengaluru - 560 001.
2. The Director, Office of the Director of Agricultural, No.16, 2nd Rajbhavan Road, Bengaluru – 560 001.
3. The Chairman, Agricultural Produce Market Committee, R.M.C. Yard, Yeshwanthpur, Bengaluru – 560 022.
4. The Agricultural Produce Market Committee, R.M.C. Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Secretary. … Respondents (By Smt. B. P. Radha, AGA for R-1 & R-2; Dr. Nanda Kishore, Advocate for R-3 & R-4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the paper notification issued by the respondent No.4 dated 16.08.2017 published in the paper dated 18.08.2017 thereby ordering the transport vehicles carrying onion and potato to get permit from the Dasanapura APMC and then proceed to the respective shops situated either at Dasanapura APMC or Yeshwanthpura APMC vide Annexure-A, etc.
W.P. No.24920/2018:
Between:
M/s.Panchami Traders, Onion & Potato Merchants & Commission Agents, Shop No.53/3, 3rd Main Road, APMC Yard, Yeshwanthpur, Bengaluru – 560 022, Duly represented by its Partner Sri. K.L.Sridhar, S/o.K.Lokesh, Aged about 33 years, Bengaluru. … Petitioner (By Sri. Mallikarjuna B.C., Advocate) AND:
1. The Chief Secretary, The Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001.
2. The Director, Office of the Director of Agricultural, No.16, II Raj Bhavan Road, Bengaluru – 560 001.
3. The Chairman, Agricultural Produce Market Committee, R.M.C.Yard, Yeshwanthpur, Bengaluru – 560 022.
4. The Agricultural Produce Market Committee, R.M.C.Yard, Yeshwanthpur, Bengaluru – 560 022.
Duly represented by its Secretary. … Respondents (By Smt. B.P.Radha, AGA for R-1 & R-2; Dr.Sri. Nanda Kishore, for R-3 & R-4) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the paper notification issued by the Respondent No.4 dated 16.08.2017 published in the paper dated 18.08.2017 thereby ordering the transport vehicles carrying onion and potato to get permit from the Dasanapura APMC and then proceed to the respective shops situated either at Dasanapura APMC or Yeshwanthpura APMC vide Annexure-‘A’, etc.
These Writ Petitions coming on for Preliminary Hearing ‘B’ Group, this day, the Court made the following:
ORDER As similar contentions have been raised and the factual matrix in all the matters are similar, the matters are disposed of by a common order.
2. The petitioners in all these petitions are traders carrying on business at the Yeshwanthapura Market Yard and the similar reliefs that have been sought for relating to:
(a) Declaration that notification dated 16.8.2017 issued by the agricultural produce market committee is illegal;
(b) Restrain the authorities to collect the processing fee;
(c) Seeking a direction that respondents would not obstruct business of petitioners at Yeshwanthapura Market Yard and would allow them to carry on their trade;
(d) To consider the representation dated 3.5.2018 wherein grievances of the petitioners were made known to the authorities for remedial measures.
The petitions were filed in the context of the decision to direct the traders to shift to the Dasanapura new sub-Market Yard.
3. The main grievance of the petitioners and traders who were hitherto carrying on business at the Yeshwanthapura Market Yard is that the Market Yard at Dasanapura is not complete in all respects and without providing all facilities at Dasanapura, the decision to direct the petitioners to shift to the Dasanapura Market Yard to carry on their marketing activities was objected to.
4. Initially, a notification came to be passed on 16.08.2017 which was published according to which gate passes for every vehicle was required to be obtained at Dasanapura Sub-market Yard as regards traders of onion, potato and garlic.
5. In the meanwhile, in pursuance of the fresh resolution on 30.12.2017 it was clarified that this restriction of obtaining gate passes at Dasanapura sub market yard would be relaxed and the traders trading at Yeshwanthpura market yard were granted the liberty to obtain gate passes at the Yeshwanthapura Market Yard itself.
6. The modification by way of resolution dated 30.12.2017 was in light of the grievances ventilated by the petitioners and traders who were carrying out trade at the Yeshwanthapura Market Yard.
7. The Agricultural Produce Market Committee (hereinafter “APMC”) and the State, state that the decision to shift trading in some of the commodities to Dasanapura was taken in light of the dearth of basic facilities at the Yeshwanthapura Market Yard due to over crowding, traffic congestion etc.
8. The petitioners’ essential grievance was as regards the notification dated 16.08.2017 which they perceived as being unduly restrictive of their right to trade.
9. In so far as the challenge to the notification dated 16.08.2017 is concerned, the learned counsel appearing for the APMC has submitted that the restriction in the notification dated 16.08.2017 to the effect that traders ought to obtain the gate passes from Dasanapura has been modified in terms of the resolution dated 30.12.2017. Hence, the petitions do not survive for consideration.
10. In addition, the petitioners state that the other grievances regarding practical difficulties being faced by the traders at the Yeshwanthapura Market Yard needs to be looked into as regards undue delay in issuing of gate passes, removal of construction debris and other grievances that have been brought to the notice of the marketing committee by way of representations dated 3.5.2018.
11. It is also submitted that the transition from Yeshwanthapura to Dasanapura is to be done in a manner such that it does not effect the business interests of the traders of the Yeshwanthapura Market Yard and must be resorted to in a phased manner. It is also pointed out that permitting trading in commodities in two parallel locations would be detrimental to the interest of the traders in so far as the buyers would be scattered in two separate market yards.
12. After having heard the counsels on both the sides, the counsel appearing for the APMC, submits that the committee is cognizant of the practical difficulties of the traders of the Yeshwanthapura Market Yard and would take appropriate steps to address the grievances in specific as regards the delay in issuance of gate passes, regulation of traffic and congestion, removal of debris, completion of the envisaged project of multilevel parking and would take other steps to ensure better facilities as may be appropriate for trading activities and for the agriculturists who bring their produce to the market.
13. The counsel for the APMC also states that they would look into the concerns of the traders to augment auction platforms available in the Dasanapura market yard to ensure a smoother transition of shifting trading activities to the new sub-market yard at Dasanapura.
14. It may be appropriate to observe that the State, i.e., the Director of Agricultural Marketing, may consider, after taking note of all the relevant factors, including the difficulties that are faced by the traders in making available, two parallel market-yards as to whether marketing of potato, garlic and onion could eventually be notified in any one market yard and de- notified in the other market yard. This observation is made only in the passing and it is left to the Director of Agricultural Marketing to take an appropriate decision taking note of administrative and other relevant considerations.
15. The counsel for the APMC states that the representation dated 03.05.2018 seeking additional facilities and raising certain grievances would be taken note of in so far as it is not inconsistent with the observations made above in accordance with the law.
16. The observations made as regards providing better facilities at the Yeshwantpura and Dasanpura market yards have been made keeping in mind the problems that has occasioned the petitioners approaching the Court and with the expectation that addressing of grievances by the petitioners as observed above would ensure that there would be no fresh round of litigation concerning the same issue. It is clarified that the observations/orders in W.P. No.45674/2018 and connected matters vide order dated 31.01.2019 would also enure to the benefit of the present petitioners as well.
17. It is also observed that the observations/directions passed herein would enure to the benefit of petitioners in W.P. No.45674 of 2018 and connected matters disposed of on 31.01.2019 on the principle of parity.
Accordingly, the petitions are disposed off subject to the above observations.
Sd/- JUDGE RS/* ct:mhp