Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:1804 WP No. 25585 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 25585 OF 2024 (APMC) BETWEEN:
M/S G B SHIVALINGAPPA, REPRESENTED BY ITS PROPRIETOR, SMT. G S SUMITHRA, D/O LATE G B SHIVALINGAPPA, AGED ABOUT 43 YEARS, NO. 10/A, 2ND MAIN, APMC YARD, YESHWANTHAPUR, BENGALURU - 560 022. …PETITIONER (BY SMT SHILPA RANI, ADVOCATE) AND:
1.
STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, M S BUILDINGS, BENGALURU - 560 001.
2.
THE DIRECTOR OF AGRICULTURAL MARKETING, 16/2, RAJABHAVAN ROAD, BENGALURU - 560 001.
3.
THE AGRICULTURAL PRODUCE MARKET COMMITTEE, YESHWANTHPUR, BANGALORE - 560 022, BY ITS SECRETARY. …RESPONDENTS (BY SRI K P YOGANNA, HCGP FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.02.2022 IN NO.APMC(BEM) LIVI 3866/2021-22 PASSED BY THE RESPONDENT NO.3 A COPY OF WHICH IS PRODUCED AT ANNEXURE-F AND ETC. Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:1804 WP No. 25585 of 2024
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 and the learned High Court Government Pleader appearing for the respondents.
2. The petitioner is questioning the order of APMC Yeshwanthpura, wherein, the licence granted to the petitioner is cancelled vide resolution dated 05.02.2022 said to have been passed by the Committee and the order is communicated to the petitioner by the Secretary vide order dated 23.02.2022.
3.
Learned counsel for the respondents would submit that the said order is appealable under Section 74 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (for short 'Act of 1966').
4. As can be seen from the said provision, the appeal lies before the Director of Agricultural Marketing.
5. Under these circumstances, the Writ Petition is
disposed of. Liberty is reserved to the petitioner to file an
- 3 -
NC: 2025:KHC:1804 WP No. 25585 of 2024 appeal before Appellate Authority under Section 74 of the Act of 1966.
6. The time spent in prosecuting this petition from 05.09.2024 till date has to be excluded in computing the period of limitation, if any.
7. Registry to return Annexure-F after retaining xerox copy. If an appeal and any interim application are filed, the same shall be considered as expeditiously as possible. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 79