IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 P R E S E N T THE HON'BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 40329 OF 2016 (APMC-PIL) BETWEEN:
Sri. Mattar Rathnakar Hegde, S/o. Nandyappa Hegde, Aged about 58 years, 1st Floor, Anantha Towers, Court Road, Opp. Court Compound, Udupi-576102. …PETITIONER (By Sri.Vishwajith Shetty S., Advocate) AND:
1. The Union of India, Represented by its Secretary to Government, Department of Home Affairs, New Delhi-110 001.
2. The Union of India, Represented by its Secretary to Government, Department of Agriculture, New Delhi-110 001.
3. State of Karnataka, Represented by its Chief Secretary, (Chief Representative of RKVY Projects Central Government) Vidhana Soudha, Bengaluru-560 001.
4. State of Karnataka, Represented by its Development Commissioner, (Chief Executive officer of RKVY Projects Central Government), Vidhana Soudha, Bengaluru-560 001.
5. State of Karnataka, Represented by its Principal Secretary, Department of Agriculture, Dr.Ambedkar Veedhi, M.S.Building, Bengaluru-560 001.
6. The Principal Secretary, Department of Agricultural Produce Marketing Committee, Vidhana Soudha, Bengaluru-560 001.
7. Director of Agriculture Marketing, Karnataka State Agricultural Marketing Board, No.16, II Raj Bhavan Road, Bengaluru-560 001.
8. Karnataka State Electronic Development Corporation Limited, 2nd Floor, TTMC ‘A’ Block, BMTC, Shanthinagar, K.H.Road, Bengaluru-560 027, Rep. by Managing Director.
9. National Commodity & Derivatives Exchange Limited, Akruti Corporate Park, 1st Floor, Near G.E.Garden, L.B.S.Marg, Kanjumarg (West), Mumbai-400 078, Represented by its Managing Director-400 078.
10. Rashtriya E-Market Services Private Limited, No.16, Karnataka State Agricultural Marketing Board, Raj Bhavan Road, Bengaluru-560 001, Rep. by Managing Director.
11. NCDEX ‘e’ Markets Limited, (Formerly NCDEX Spot Exchange Limited), 1st Floor, Ackruti Corporate Park, W.B.S.Mary, Kanjur Marg (W), Mumbai-400 078, Maharastra State, Rep. by Managing Director. …Respondents (By Sri.C.Shashikantha, CGC for R1 & R2; Sri.Y.H.Vijay Kumar, Prl. GA for R3-R7; Sri.A.V.Nishanth, Advocate for R8; Sri.S.K.M.Shetty, Advocate for R9; Sri.Revben Jacob, Advocate for R10; Sri.Zulfikir Kumar Shafi, Advocate for R11) ******* This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct respondent Nos.1 to 3 to take necessary steps for the purpose of referring the matter to the Central Bureau of Investigation for investigating into the alleged scam of inducting respondent Nos.9 and 11 i.e., National Commodity and Derivative Exchange Limited (NCDEX) and NCDEX ‘E’ Marketing Limited to the selected APMC maintained markets of the State for the purpose of operating Electronic Tender System for sale of commodities in the markets in the place of respondent No.8 i.e., KEONICS which is a state undertaking Company.
This Writ Petition coming up for Preliminary Hearing in ‘B’ Group, this day, P.S. Dinesh Kumar J, made the following:
ORDER Heard.
2. The petitioner herein who is stated to be the former Chairman of Agricultural Produce Marketing Committee (‘APMC’ for short) has inter alia prayed for a direction to respondents No.1 to 3 to take necessary steps and to refer the matter to Central Bureau of Investigation to inquire into the alleged scam under which respondents No.9 and 11 were inducted in place of KEONICS which was hitherto e-marketing agent for APMC.
3. Shri S. Vishwajith Shetty, learned advocate for the petitioner submits that APMC produces were being e- marketed and for that purpose, KEONICS was nominated as the agency. Subsequently, respondents No.9 and 11 have been given the said task. The farmers who have to market their produce have to pay a fee to respondents No.9 and 11. The said respondents without giving any valid reasons are charging entry fee and other charges to the farmers.
4. The sum and substance of the petitioner’s case is that the e-marketing of the produce from APMC is now entrusted to respondents No.9 and 11 and the farmers are very unhappy and suffering during e-marketing process.
5. The change in Agency or e-platform has been made by the APMC in the course of their normal business. We notice that members of APMC who may have been affected by the change have not challenged but petitioner is seeking to espouse their cause in this public interest litigation. Further, no material is placed with regard to alleged ‘scam’. In the absence of any Member of APMC who may have any grievance, we fail to see any public interest in the matter.
6. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE sac*