IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.2138 OF 2016 (GM-RES) Between:
Sri. Santhosh Agro Industries, Flat No.153 B & 154, 2nd Phase, KIADB Industrial Area, Antharasanahalli, Tumkur-572 106. By its Partner, Sri.K.B.Shiva Prakash, Aged about 65 years. ... Petitioner (By Sri. Basavaraj T., Advocate) And:
1. The State of Karnataka, By its Secretary, Department of Agriculture, Vidhana Soudha, Bengaluru-560 001.
2. The Joint Director, District Industrial Centre, Tumkur District, Tumkur-572 101.
3. The Director, Department of Agricultural Marketing, No.1, Raj Bhavan Road, Bengaluru-560 001.
4. The Secretary, The Agricultural Produce Market Committee, Tumkur-572 101.
5. The Secretary, Agricultural Produce Market Committee, Gangavathi, Koppal District-583 227.
6. The Secretary, Agricultural Produce Market Committee, Sub-yard, Karatagi, Gangavathi Taluk, Koppal District-583 229.
7. The Secretary, Agricultural Produce Market Committee, Sindhanur, Raichur District-584 128.
8. The Secretary, Agricultural Produce Market Committee, Bellary-583 101.
9. The Secretary, Agricultural Produce Market Committee, Kampli Sub-yard, Hospet Taluk, Bellary District-583 132.
10. The Secretary, Agricultural Produce Market Committee, Davanagere-577 001.
11. The Secretary, Agricultural Produce Market Committee, Hunasigi Sub-Yard, Surapura Taluk, Yadgiri District-585 201. ... Respondents (By Sri.V.Sreenidhi, AGA for R1 to R3 Sri.Mallikarjun C. Basareddy, Advocate for R4 to R10) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct respondent No.3 to issue extended 7 years market fee exemption certificate as per the Karnataka Integrated Agri-Business Development Policy 2011 vide Annexure-B, dated 5th March 2011 and also as per the amended APMC Act 2013.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
O R D E R It is undisputed by the respondents that the writ petitions filed by the similarly situated persons in W.P No.101245/2016 and connected matters and in W.P. No.2175/2017 and other connected matters have been allowed declaring that similarly situated persons are entitled to exemption from paying the market fee because exemption from payment of market fee is granted in terms of Comprehensive Integrated Karnataka Agri-Business Development Policy, 2011, for the years 2014 to 2019, that is given effect to by the Government vide its Order dated 1.10.2014.
2. If similarly situated persons are granted exemption from the payment of market fee, there cannot be any reason for denial of the same to the petitioner in this writ petition. Therefore, this writ petition is disposed of in terms of the order passed in W.P. No.2175/2017 and connected writ petitions and the order dated 28.2.2017 passed in W.P. No.101245/2016 and connected petitions. The respondents or the authorities/agencies claiming under them are restrained from insisting for payment of market fee contrary to the Karnataka Agri-Business Development Policy, 2011.
SD/- JUDGE Cs/-
CT:RG