- 1 - NC: 2025:KHC:3052 WP No. 22777 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 22777 OF 2021 (APMC) BETWEEN: THE AGRICULTURISTS' PROCESSING INDUSTRIAL AND COMMERCIAL, CO-OP SOCIETY LTD., NEAR KSRTC BUS STAND, P.B. ROAD, DAVANAGERE-577 003. REPRESENTED BY ITS SECRETARY, K.B. MAHESHA SON OF LATE N. BASAVARAJAPPA AGED ABOUT 58 YEARS, RESIDENT OF DOOR NO.374, 3RD MAIN, 3RD CROSS, DCM TOWNSHIP, DAVANAGERE-577003. …PETITIONER (BY SRI. ROHIT P. MUNJOJI, ADVOCATE FOR SRI. M.R.HIREMATHAD, ADVOCATE [PH]) AND: 1. THE AGRICULTURE PRODUCE MARKET COMMITTEE DAVANAGERE - 577001 REPRESENTED BY ITS SECRETARY 2. THE SECRETARY / COMPETENT AUTHORITY THE AGRICULTURE PRODUCE MARKET COMMITTEE DAVANAGERE - 577001 3. THE PRINCIPAL SECRETARY STATE OF KARNATAKA VIDHANSOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001 …RESPONDENTS Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:3052 WP No. 22777 of 2021 (BY SRI. CHETAN RAMESH, ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE FOR RESPONDENTS NO.1 AND 2 [PH]; SRI. K.P.YOGANNA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 21.09.2021/23.09.2021 ISSUED BY THE 2ND RESPONDENT COMMITTEE / COMPETENT AUTHORITY BEARING NO. KRU.MA.I/KRU.U.MAA.SA./(DA)/ORDER/1169/2020-21 PRODUCED AT ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner. 2. In the petition, the petitioner is questioning the notice dated 21/23.09.2021 marked at Annexure 'K'. It can be noticed from the said notice that the respondents have initiated proceedings under sub-section (1) of Section 4 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (for short, 'the Act of 1974'). Since the petitioner has the opportunity to contest the proceeding initiated under the said Act pursuant to the notice at Annexure 'K', the writ petition questioning - 3 - NC: 2025:KHC:3052 WP No. 22777 of 2021 Annexure 'K', is not maintainable. Accordingly, the Writ Petition is dismissed. 3. This Court has not expressed any opinion on the merits of the claim of the petitioner. The respondents shall provide adequate opportunity to the petitioner as contemplated under the Act of 1974 and thereafter, has to pass appropriate order. All contentions are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE SMA List No.: 1 Sl No.: 51