IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.66 OF 2017 AND WRIT APPEAL NOS.424-433 OF 2017 (APMC) BETWEEN:
1. SRI. M/S. RAJU BY ITS PROPRIETOR:RAJU S/O LATE SANNAPPA, 36 YEARS, NO.1, ‘A’ BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025, RESIDING AT:NO.1250, 1ST STAGE, 7TH C CROSS, RAJIVNAGAR, MYSORE-570 007.
2. M/S SRI. RANGANATHA TRADERS, BY ITS PROPRIETOR:GIRISH.C, S/O LATE C.CHINNANNA, 40 YEARS, BANDI PALYA, MYSORE-570 025, RESIDING AT NO.889, AGNIHAMSA LINK ROAD, E & F BLOCK, KUVEMPUNAGARA, MYSORE-570 023.
3. M/S SRI. RANGA TRADERS BY ITS PROPRIETOR:SHILPA.B.K., D/O BALAKRISHNA, 37 YEARS, NO.4, ‘A’ BLOCK, APMC YARD, BANDIPALYA, MYSORE-570 025.
R/AT NO.464, K.N. AGRAHARA, K.R. MOHALLA, MYSORE-570 023.
4. M/S R.K. TRADERS BY ITS PROPRIETOR:UMRUDIN KHAN S/O LATE RAHMAT KHAN, 33 YEARS, NO.5, ‘A’ BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025.
R/AT NO.89, MIG-2M, KALYANAGIRINAGAR, MYSORE-570 019.
5. M/S RAHIM TRADERS BY ITS PROPRIETOR:MOHAMAD SAMEEULLA S/O MAHAMAD PEER, 41 YEARS, NO.6, A BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025 R/AT NO.168, 4TH CROSS, 2ND STAGE, RAJIVNAGAR, MYSORE-570 007.
6. M/S DARSHAN TRADERS BY ITS PROPRIETOR:DARSHAN PANNALE S/O K.KUMAR, 32 YEARS, NO.8, A BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025 R/AT NO.265, 18TH MAIN, D BLOCK, J.P.NAGAR, MYSORE-570 025.
7. M/S M.M.TRADERS BY ITS PROPRIETOR:S.MAHESH S/O SHIVALINGAPPA, NO.10, NO.5, A BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025.
R/A NO.221, 17TH MAIN, E BLOCK, J.P. NAGAR, MYSORE-570 025.
8. M/S BALAJI COMMERCIALS BY ITS PROPRIETOR:RAGHU PANNALE S/O KUMAR, NO.12, A BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025.
R/AT NO.265, 18TH MAIN D BLOCK, J.P. NAGAR, MYSORE-570 025.
9. M/S A.M. TRADERS BY ITS PROPRIETOR:IMRAN PASHA S/O LATE SIRAJ PASHA, 34 YEARS, NO.13, A BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025.
R/AT NO.367/681 STAGE, RAJIVNAGAR, MYSORE-570 007.
10. B.R.S. TRADING COMPANY BY ITS PROPRIETOR G. SRINIVASA, S/O G. GOVINDA SHETTY, 35 YEARS, NO.15, A BLOCK, APMC YARD, BANDIPALYA, MYSORE-570 025.
R/AT NEW KANTHRAJ URS ROAD, 1ST STAGE, 1ST CROSS, KUVEMPUNAGAR, MYSORE-570 023.
11. M/S SRI. VEERABHADRESHWARA ENTERPRISES BY ITS PROPRIETOR:R.S.CHANDAN S/O R.M. SATISH, 38 YEARS, NO.18, A BLOCK, APMC YARD, BANDI PALYA, MYSORE-570 025 R/AT NO.HIG-1555, SRI. RAMAPURA II STAGE, MYSORE-570 007.
... APPELLANTS (BY SHRI B.PRABHUDEVA, ADVOCATE) AND:
1. THE DIRECTOR OF AGRICULTURAL MARKETING NO.16, 11TH RAJBHAVAN ROAD, BENGALURU-560 001.
2. AGRICULTURAL PRODUCE MARKET COMMITTEE NANJANAGUD ROAD, BANDIPALYA, MYSURU-570 025. BY ITS SECRETARY.
... RESPONDENTS (SRI I. THARANATH POOJARI, AGA FOR RESPONDENT NO.1 SRI A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.2) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 24.11.2016 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOS.24842-852/2016 (APMC) AND ALLWO THE WRIT PETITIONS AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel appearing for the appellants submits that on the basis of the orders passed by this Court in the writ petitions filed by the similarly placed persons, the second respondent has taken a decision which is produced along with I.A.No.1/2018.
2. The learned counsel appearing for the appellants seeks permission to withdraw the appeals with liberty to make a representation to the respondents for granting the same relief which is granted to the similarly placed persons. He states that he will be seeking relief in terms of Annexure-G and Annexure-H to I.A.No.1/2018.
3. Accordingly, the appeals are disposed of as withdrawn with liberty to the appellants to make a representation to the respondents for grant of relief which is similar to the one granted under Annexure-G and Annexure-H to I.A.No.1/2018.
4. If such a representation is made, the concerned authorities shall decide the same within a period of one month from the date on which the representation is made.
5. The pending interlocutory applications do not survive for consideration and stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB