IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.21987/2019 (APMC) BETWEEN SRI. M. BABU S/O LATE R.MUNIVERAPPA, AGED 41 YEARS, RESIDING AT:NO.42, 11TH CROSS, VIJAYABHARATHI SCHOOL ROAD, T.DASARAHALLI, BHUVANESHWARINAGAR, BENGALURU - 560 057. ... PETITIONER (BY SRI N P KALLESH GOWDA, ADV.) AND 1. STATE OF KARNATAKA THE DEPARTMENT OF AGRICULTURE MARKETING, NO.16, RAJ BHAVAN ROAD, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY.
2. HOSAKOTE TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LIMITED HOSAKOTE - 562114 BENGALURU RURAL DISTRICT REPRESENTED BY ITS SECRETARY. ... RESPONDENTS (BY SMT. B.P.RADHA, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A IMPUGNED LETTER DTD:9.5.2019 BEARING NO.13/2019-20 ISSUED BY THE R-2 ETC.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioner and learned AGA for respondent No.1.
2. Petitioner is before this Court being aggrieved by the communication issued by respondent No.2 dated 09.05.2019 bearing reference No.13/2019-20 whereby respondent No.2 has communicated its decision to allocate/allot the shops at various place after inviting applications and after giving due publicity and adopting transparent mode of auction.
3. Learned counsel for the petitioner would contend that the petitioner is the allottee and respondent No.2 has executed rental agreement vide annexure-C to the writ petition and that the petitioner vide annexures-D and E made a request to respondent No.2 to continue the agreement entered into between them as per Annexure-C and that the communication as at Annexure-A is bad and unsustainable on account of the fact that the same is issued without reference to annexures-D and E whereby the petitioner requested respondent No.2 to continue the use and occupation of the premises allotted to him previously under the agreement dated 01.02.2014.
4. Per contra, learned AGA would invite the attention of the Court to Rule 13 of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 [herein after referred to as ‘the Rules’ for short], which reads as under:
“13. Allotment of shop, shop-cum-godown or godown on leave an license basis:- (1) Not withstanding any thing contained in Rule 3, the market committee may, offer shop, shop-cum-godown or godown in a market yard for allotment on leave and license basis.
(2) Due publicity shall be given in respect of such allotment specifying the location, number of shop, shop-cum-godown, if any, last date for submission of application and such other particulars by affixing a notice to the notice board of the office of the Market Committee and specifying 15 days time for the submission of application towards such allotment shall be made by publication in not less than two Kannada news paper widely circulated in the market area.
(3) Whenever the market committee calls for an application for allotment under sub-rule (1) any licensed market functionary who is registered under Rule 6 may apply to the market committee in Form-III along with an earnest money deposit equal to two months leave and license fee or rupees five thousand which ever is more.
(4) If any applicant registered with the market committee fails to get the allotment of a shop, shop- cum-godown or godown as the case may be under this rule the registration so made shall be valid for the subsequent allotments also unless the applicant withdraws the registration by surrendering registration certificate.
(5) Subject to the general or special order of the Director of Agricultural Marketing, a market committee may after obtaining a certificate from the Assistant Executive Engineer (Market Development Project) of the department regarding license fee payable, fix the minimum license fee for allotment of shop, shop-cum-godown or godown under this rule. The Assistant Executive Engineer shall fix the license fee having regard to the capital cost of the building.
In case the rates quoted by the applicants for allotments is below the licence fee fixed under sub- rule (5) of this rule, and after getting the opinion of the market committee and taking into consideration the situation prevailing in border markets and shifting of trade, the Director of Agricultural Marketing may for the reasons to be recorded, accord approval as he deems fit.
(6) The market committee may having regard to the provisions of rules 7 and 8 allot shop, shop-cum- godown or godown to any applicant on leave and license basis.
(7) The initial allotment under this rule shall be for a period of 11 months which may be renewed by the market committee for every 11 months subject to a maximum of 55 months.
(8) In case the rates quoted by the applicants for allotment is below the licence fee fixed under sub- rule (5) of this rule, such shop, shop-cum-godown or godown shall on consideration of the eligibility allot through tender-cum-auction by following the procedure prescribed under Rule 14 and submit proposal for approval of the Director of Agricultural Marketing.
The Director of Agricultural Marketing may give approval to such proposal after recording reasons for the same.”
5. Sub Rule 7 of Rule 13 of the Rules restricts the maximum period under which the property could be allotted to 55 months. Admittedly, the said period has comes to an end. In that view of the matter and also the mandate of law, more particularly Sub Rule 2 of Rule 13 of the Rules which requires due publicity to be given in respect of such proposed allotment. Further, the public are required to be notified by effecting two publications in two Kannada Daily Newspapers having wide circulation in the market area. Sub Rule 8 of Rule 13 of the Rules also enables the respondents to follow the tender/auction procedure as prescribed under Rule 14. In the opinion of this Court, the petition is misconceived and the same is liable to be rejected.
Accordingly, the petition stands rejected.
Sd/- JUDGE VM CT:HR