- 1 - NC: 2025:KHC-D:32 WP No. 104397 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104397 OF 2018 (APMC-) BETWEEN: M/S. B.D.S. GINNING & PRESSING FACTORY, R.S. NO.106/3B, APMC ROAD, GOKAK-561307, REPRESENTED BY ITS PROPRIETOR, SRI. BHIMAPPA S/O. DURAGAPPA SINGLAPUR, AGED ABOUT 71 YEARS. …PETITIONER (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. THE DIRECTOR, AGRICULTURE MARKET DEPARTMENT, II, RAJBHAVAN ROAD, BANGALORE-560001. 2. THE AGRICULTURAL PRODUCE MARKETING COMMITTEE, GOKAK-591307, BELAGAVI DISTRICT, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1; SRI. P.N. HATTI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR A DIRECTION, DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 20.04.2018 AND 29.05.2018 VIDE ANNEXURE-G AND H; ISSUE WRIT OF MANDAMUS OR A DIRECTION, DIRECTING DIRECT THE RESPONDENT NO.1 TO REFUND THE MARKET FEE OF RS.2,83,934/- AND PENALTY OF RS.38,640/- TOTAL AMOUNT OF RS.3,22,574/- TO THE PETITIONER ALONG WITH INTEREST @ 18% PER ANNUM AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:32 WP No. 104397 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: a) Issue writ of mandamus or a direction, directing the respondent No.1 to consider the representation dated 20.04.2018 and 29.05.2018 vide Annexure-G and H. b) Issue writ of mandamus or a direction, directing direct the respondent No.1 to refund the market fee of Rs.2,83,934/- and penalty of Rs.38,640/- total amount of rs.3,22,574/- to the petitioner along with interest @ 18% per annum; and c) Pass any other order/s as this Hon’ble Court deems fit to grant in the circumstances of the case. 2. It is the grievance of the petitioner that representation submitted on 20.04.2018 and 29.05.2018 vide Annexures-G and H respectively have not been considered by the respondents and as such the aforesaid reliefs have been sought for. Whenever any representation is submitted to any - 3 - NC: 2025:KHC-D:32 WP No. 104397 of 2018 authority like the respondents, it is required to consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the representation. It is needless to say that if the representation is rejected, the rejection is to be accompanied by reasons. 3. In the present matter, the representations submitted way back in the year 2018, have still not been considered and no order has been passed by the respondents. In that view of the matter, I pass the following : ORDER (i) Petition is allowed. (ii) A writ of mandamus is issued directing respondent No.1 to consider the representations dated 20.042018 and 29.05.2018 at Annexures-G & H respectively within a period of 30 days from the date of receipt of a copy of this order. - 4 - NC: 2025:KHC-D:32 WP No. 104397 of 2018 (iii) It is made clear that this Court has not expressed any opinion on the merits of the matter. Respondent No.1 would have to consider the said representations in accordance with law and pass suitable orders. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 59