IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE G. NARENDAR WRIT PETITION No.3154 OF 2017 (APMC) BETWEEN:
M/s. Uma Traders, Site No.476, ‘B’ Block, 71/7, A Block, Bandi Palya, Mysore – 570 025.
By its Propitrix;
S. Uma, Age 37, W/o. N.S. Siddaraju, Residing at : 449/A, 4th Cross, Kesare, Mysore – 570 025. ... Petitioner (By Sri B. Prabhudeva, Advocate) AND:
1. The Director of Agricultural Marketing No.16, 11th Rajbhavan Road, Bengaluru – 560 001.
2. Agricultural Produce Market Committee Bandipalya, Nanjangud Road, Mysore – 570 025. By its Secretary …Respondents (By Sri A.C. Balaraj for R2 Smt. H.C. Kavita, HCGP and Sri A.G. Shivanna, AAG for R1) This writ petition filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 08.2016 passed by the respondent No.2 vide Annexure-C etc.
This petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
ORDER The petitioner is before this court praying to quash the proceedings of the respondent No.2 vide Annexure-C to the writ petition dated August 2016 and further prays for the relief of issuance of a writ of mandamus, directing the respondents No.1 and 2 to execute Lease- cum-Sale Agreement with retrospective effect.
2. The petitioner submits that he has been allotted a site bearing No.476, measuring 30X40, in ‘B’ Block vide Site Allotment Notice dated 03.04.2012, that the petitioner has paid the sale value of the allotted site, but the respondent No.2 by the impugned proceedings has cancelled the allotment.
3. Learned HCGP led by the learned Additional Advocate General Sri. Shivanna files into Court a memo stating that the respondent No.1 has directed the respondent No.2-Committee to execute Lease-cum-Sale deed in favour of the petitioner. Along with the memo the proceedings dated 04.10.2017 and letter dated 06.10.2017 are enclosed. By the proceedings dated 04.10.2017, the respondent No.1 has directed the respondent No.2 to execute the sale deed in respect of site bearing No.476.
4. Memo and the enclosures are taken on record.
5. In view of the memo and enclosures, the relief sought for under the writ petition is granted. Accordingly, the writ petition is disposed of in terms of the memo dated 06.10.2017.
Sd/- JUDGE