IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.663 OF 2018 (APMC) BETWEEN:
SRI RAMANNA RAI, S/O LATE SHRIDHAR RAI, AGED ABOUT 56 YEARS, SAPTHAGIRI HOUSE, KOLNADU VILLAGE, KULAL POST, BANTWAL TALUK – 574 219 ... APPELLANT (BY SRI RANJITH.K.S., ADV.,) AND:
1. STATE OF KARNATAKA, AGRICULTURAL MARKET DEPARTMENT, OFFICE OF AGRICULTURAL MARKET DIRECTOR, NO.16, 2ND RAJABHAVAN ROAD, PB NO.5309, BANGALORE – 560 001 REPRESENTED BY ITS DIRECTOR 2. DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALORE - 03 3. AGRICULTURE PRODUCE MARKET COMMITTEE, BANTWAL, KAIKUNJA ROAD, B.C.ROAD, POST JODUMARGA 574 219 REPRESENTED BY ITS SECRETARY 4. KOLNAD GRAMA PANCHAYATH, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT 574 219 REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER …RESPONDENTS (BY SRI. S.S.MAHENDRA, AGA FOR R1 & 2) *** THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET- ASIDE THE ORDER DATED 4/1/2018 PASSED BY THE LEARNED SINGLE JUDGE OF THIS COURT IN W.P. NO.20545/2017 AND DIRECT THE RESPONDENTS TO IMPLEMENT THE ORDER PASSED BY THE R2 AND SET ASIDE THE ORDER DATED 16/11/2015 PASSED BY R1.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Heard Mr.S.S.Mahendra, learned AGA for the State and gone through the papers made available.
2. The grievance of the appellant is with regard to construction of platforms for village ‘shandy’ at Kolnad Village, Bantwal Taluk, Dakshina Kannada District. Hon’ble Single Judge has recorded that pursuant to order passed on 16.11.2015, ‘shandy platforms’ have been already constructed by the Agricultural Produce Market Committee of Bantwal.
3. Learned AGA submits that in view of construction of ‘shandy platforms’, the instant appeal has been rendered infructuous. The said submission is placed on record.
4. Accordingly, the writ appeal is dismissed as having become infructuous.
5. In view of dismissal of the appeal, I.A.No.1/2018 does not survive for consideration and it is also dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK