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2025 DAILYLAW 10588 (KAR)

SHRI SIDDA TOTENDRA TRADING CO v. THE DIRECTOR OF AGRICULTURAL MARKETING

WP/201065/2025 · 2025-04-21

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC-K:2399 WP No. 201065 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201065 OF 2025 (APMC) BETWEEN: 1. SHRI SIDDA TOTENDRA TRADING CO., APMC YARD YADAGIRI BY ITS PARTNER BASAVANAPPA S/O SIDDANNAGOUUDA, AGE: 40 YEARS, OCC: BUSINESS, R/O YADAGIRI – 585 201. 2. GANESH RICE INDUSTRIES AT YADAGIRI, BY ITS PARTNER RAVICHANDRA S/O SIDDALINGAPPA, AGE: 30 YEARS, R/O YADAGIRI - 585 201. …PETITIONERS (BY SRI. BASAWARAJ KAREDDY, ADVOCATE) AND: 1. THE DIRECTOR OF AGRICULTURAL MARKETING NO.16, RAJ BHAVAN ROAD, POST BOX NO.5309, BENGALURU - 560 001. 2. THE AGRICULTURAL PRODUCE MARKETING COMMITTEE, YADAGIRI – 585 201, BY ITS SECRETARY. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1; SRI. MOGHA SUDHAKAR, ADVOCATE FOR R2 - ABSENT) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2399 WP No. 201065 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES OF THE RESPONDENT NO.2 DATED 15.02.2022 IN FILE NO.KRUMAE: KRUUMASA(YA): ABHIKE:553: 2021-22, KRUMAE: KRUUMASA(YA): ABHIKE:557: 2021-22, ISSUED TO PETITIONERS NO.1 AND 2 VIDE ANNEXURE-B1 TO B2 RESPECTIVELY AND FURTHER DIRECT THE RESPONDENT NO.2 TO EXECUTE THE LEASE CUM SALE DEED TO THE PETITIONERS OF THEIR ALLOTED PLOTS AT THE RATE OF RS. 150/- SQUARE FEET AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Basavaraj Kareddy, learned counsel for the writ petitioners as well as learned Additional Government Advocate, who represents respondent No.1. No representation for respondent No.2 on call. 2. This writ petition is filed seeking the Court to quash the notices that were issued by respondent No.2 found at Annexures-B1 and B2 and further to direct respondent No.2 to execute Lease cum Sale Deed in - 3 - NC: 2025:KHC-K:2399 WP No. 201065 of 2025 favour of the petitioners regarding the plots that were allotted to them at the rate of Rs.150/- per square feet. 3. Learned counsel for the writ petitioners submits that the issue is squarely covered by the decision of this Court in Writ Petition No.202112/2022 dated 06.08.2024. Learned counsel states that allotment of plots to the petitioners is not in dispute. However, respondent No.2 is directing the petitioners to pay Rs.400/- per square feet. Learned counsel submits that as per the decision of this Court, the allotment value should be Rs.150/- per square feet and thus, respondent No.2 may be directed to receive the amount of Rs.150/- per square feet instead of Rs.400/- per square feet. 4. Learned Additional Government Advocate submits that the writ petition can be disposed of directing respondent No.2 to follow the decision of this Court, which is referred to by the learned counsel for the writ petitioners. - 4 - NC: 2025:KHC-K:2399 WP No. 201065 of 2025 5. Having considered the submissions thus made, the writ petition is disposed of with the following: ORDER i) Respondent No.2 - Agricultural Produce Marketing Committee, Yadagiri is directed to look into the issue in the light of the judgment that is rendered by this Court in Writ Petition No.202112/2022 and pass necessary orders fixing the amount that is liable to be paid by the petitioners in respect of allotment of plots. ii) The exercise be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of certified copy of this order. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE LG List No.: 1 Sl No.: 60