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2025 DAILYLAW 3430 (KAR)

M/S/ S.S. INDUSTRIES v. THE STATE OF KARNATAKA

WP/103989/2018 · 2025-01-23

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:1351 WP No. 103989 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103989 OF 2018 (APMC) BETWEEN: M/S/ S.S. INDUSTRIES RS NO.406-B PLOT NO.18 ANAND ASHRAM ROAD, GADAG-582102, (A PROPRIETARY CONCERN) BY ITS PROPRIETOR SHOBA BASAVARAJ ANGADI. AGED 50 YEARS. …PETITIONER (BY SRI. GANAPATI V. BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT AGRICULTURE, VIDHANA SOUDHA, BENGAURU-560001. 2. THE JOINT DIRECTOR DISTRICT INDUSTRIAL CENTER, JILLA ADALITHA BHAVAN, HUBLI ROAD II FLOOR, GADAG-560002. 3. THE DIRECTOR AGRICULTURE MARKET DEPARTMENT, NO.16, II, RAJBHAVAN ROAD, PB NO.5309, BENGALURU-560001. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:31:28 +0530 - 2 - NC: 2025:KHC-D:1351 WP No. 103989 of 2018 4. THE AGRICULTURAL PRODUCE MARKETING COMMITTEE ANNIGERE, GADAG DISTRICT, PIN: 582102, REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. M.M. KHANNUR., AGA FOR R1-R3; SRI. M.C. BASAREDDY., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR A DIRECTION, DIRECTING THE RESPONDENT NO.3 TO ISSUE EXTENDED 7 YEARS MARKET FEE EXEMPTION CERTIFICATE AS PER THE KARNATAKA INTEGRATED AGRI BUSINESS DEVELOPMENT POLICY 2011, VIDE ANNEXURE-B ISSUED BY R1 IN NO. AHD.172.AFT.2010, BENGALURU DATED 5TH MARCH 2011 AND ALSO AS PER THE AMENDED APMC ACT, 2013, IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or a direction, directing the Respondent No.3 to issue extended 7 years market fee exemption certificate as per the Karnataka Integrated Agri Business Development Policy 2011, vide Annexure-B issued by R1 in No. AHD.172.AFT.2010, Bengaluru dated 5th March 2011 and also as per the amended APMC Act, 2013, in so far as the petitioner is concerned. - 3 - NC: 2025:KHC-D:1351 WP No. 103989 of 2018 b. Pass any other order/s as this Hon’ble Court deems fit to grant in the circumstances of the case in so far as the petitioner is concerned. 2. The lis in the present matter has been considered by this Court, in detail, vide order dated 6.01.2025 in W.P. No.104397/2018. Same would be equally applicable to the present matter. 3. Hence, I pass the following: ORDER i. The Petition is allowed. ii. The petitioner is permitted to submit a representation in respect of his grievances accompanied by necessary documents, which shall be considered by respondent No.3 within a period of 30 days from the date of receipt of such representation. iii. It is made clear that this Court has not expressed any opinion on the merits of the matter. Respondent No.3 would have to - 4 - NC: 2025:KHC-D:1351 WP No. 103989 of 2018 consider the said representation in accordance with law and pass suitable orders. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 61