- 1 - NC: 2025:KHC-D:4715 WP No. 100688 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100688 OF 2025 (APMC) BETWEEN: JAI KISAN WHOLESALE VEGETABLE MERCHANTS’ ASSOCIATION, R.S. NO.697/2, N.H. 4, P.B. ROAD, GANDHINAGAR, BELAGAVI, DIST: BELAGAVI, REP. BY ITS SECRETARY, SRI. A.K. BAGWAN, AGED MAJOR, OCC: BUSINESS, R/O: MAHANTESH NAGAR, BELAGAVI, DIST: BELAGAVI. … PETITIONER (BY SRI.RAMACHANDRA A.MALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF AGRICULTURE MARKETING, M.S. BUILDING, BENGALURU-01. 2. THE DIRECTOR OF AGRICULTURE MARKETING NO. 16, 2ND RAJBHAVAN ROAD, P.B. NO. 5309, BENGALURU-01. 3. THE DY. DIRECTOR DEPT. OF AGRICULTURE MARKETING, BELAGAVI DISTRICT, NEAR POLICE HEADQUARTERS, SHIVAJI NAGAR, BELAGAVI. … RESPONDENTS (BY SMT.MALA B.BHUTE, AGA FOR R1-R3) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4715 WP No. 100688 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ramachandra A.Mali, counsel for the petitioner, and Smt.Mala B.Bhute, AGA for the respondents, appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs. i. Issue a Writ of Certiorari to quash the impugned order/ endorsement dated 10.01.2025 issued by the second respondent vide Annexure-E as the same being arbitrary, illegal and not sustainable in law. ii. Issue a Writ of Mandamus directing the second respondent to permit the petitioner to conduct business in green ginger and garlic in the private market of the petitioner as per the license dated 16.11.2021 issued by second respondent as per the provisions of Karnataka Agriculture Produce Marketing (Regulation and Development) Act, 1966. - 3 - NC: 2025:KHC-D:4715 WP No. 100688 of 2025 3. The short facts are these: On 11.12.2014 the Govt. of Karnataka, Urban Development Department issued a special G.O. dated 11.12.2014 allowing NA change of land use (Vegetable Market Purpose) of the agricultural properties to the extent of 10-Acs 20-Gts comprised in R.S.No.677, 678, 679/1, 686/1, 686/2, 696, 697/2, 698/1 and 698/2 of Belagavi City. On 01.01.2016, under the Special G.O. dated 11.12.2014 issued by the Government, the Deputy Commissioner, Belagavi issued NA Commercial (Vegetable Market) Conversion Orders to the petitioner in respect of the said lands. Thereafter, Belgaum Urban Development Authority issued Provisional Layout Approval along with a sanctioned layout map on 16.05.2016 and thereafter also issued the final Layout Completion Certificate to the petitioner after the completion of the work. On 12.02.2020, the Belagavi City Corporation issued building permissions along with sanctioned building plans and also issued completion certificates in respect of the buildings constructed in the private market. - 4 - NC: 2025:KHC-D:4715 WP No. 100688 of 2025 On 16.11.2021, the second respondent issued a license to the petitioner under the provisions of Karnataka Agriculture Produce Marketing (Regulation & Development) Act, 1966 and the Rules there under for establishment and operating of Private Market in notified Agriculture Produce. The petitioner is conducting wholesale business in notified agricultural produce vegetables in the private market as per the license issued by the second respondent. However, the respondent authorities illegally restrained the petitioner from conducting business in Green Ginger and Garlic which is also a notified agricultural produce. Therefore, the petitioner submitted an application on 09.09.2024 seeking permission to conduct wholesale business in Green Ginger and Garlic in the private vegetable market established by him. On 10.01.2025, the second respondent rejected the permission stating that there are various complaints regarding approval of Change of Land Use, Layout Plan, Building Permission and working of the market from various farmer associations and Merchant's Welfare Associations. Hence, the petitioner is before this Court. - 5 - NC: 2025:KHC-D:4715 WP No. 100688 of 2025 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with utmost care. 5. The facts are sufficiently stated and they do not require reiteration. The issue falls around a narrow compass. The permission to conduct wholesale business in Green Ginger and Garlic in the Private vegetable market has been declined stating that they are not vegetable stuff; some complaints have been raised. This is untenable. The reason is apparent. The Apex Court in the State of West Bengal and others v/s Washi Ahmed and others reported in 1977 AIR 1638 has held that Green Ginger should be considered as a vegetable commonly known as ‘Sabji, tarkari or sak’. Because of the Apex Court’s decision, the impugned endorsement is bad in law. There is no justification for not permitting the petitioner to do business in the notified agricultural produce. Furthermore, the license has been duly and legally issued by the second respondent under the provisions of the APMC Act 1966 and Rules. Hence, the rejection is improper. - 6 - NC: 2025:KHC-D:4715 WP No. 100688 of 2025 6. The Writ of Certiorari is ordered. The endorsement dated 10.01.2025 issued by the second respondent vide Annexure-E is quashed. 7. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE CLK LIST NO.: 2 SL NO.: 75