- 1 - NC: 2025:KHC:6502 WP No. 27636 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 27636 OF 2023 (APMC) BETWEEN: MR ALTAF PASHA, AGED ABOUT 51 YEARS PROP IQBAL PAHAD TRADERS, SHOP NO D - 33, AGRICULTURAL PRODUCE SUB MARKET YARD, SINGENA AGRAHARA, BENGALURU - 560099. …PETITIONER (BY SRI B R SATENAHALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR B.R. AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE DIRECTOR OF AGRICULTURAL MARKETING NO 11, 16TH RAJ BHAVAN ROAD, BENGALURU - 560001. 3. THE SECRETARY, FRUITS AND VEGETABLES SPECIAL AGRICULTURAL PRODUCE MARKET COMMITTEE SINGENA AGRAHARA SUB-MARKET YARD, BENGALURU - 560027. 4. M/S IGBAL PAHAD TRADERS, SHOP NO.33, APMC, SINGENA AGRAHARA, BENGALURU-560099. (ADDED BY ORDER OF THE COURT) …RESPONDENTS (BY SRI K P YOGANNA, HCGP FOR R1 AND R2, SRI T SWAROOP, ADVOCATE FOR R3, V/O/DT: 30.01.2025 - PETITION AGAINST R4 IS DISMISSED AS ABATED) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6502 WP No. 27636 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS FOR ALLOTMENT OF THE SHOP- CUM-GODOWN TO THE PETITIONER AS PER THE ORDER DTD 22.11.2023 VIDE NUMBER.HAHUMATHA (VI) KRUUMAS (BEN)/ 1789/ 2023-24, ISSUED BY THE MARKET COMMITTEE, THE R-3 HEREIN. ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order dated 22.11.2023 at Annexure-B. In terms of the said order, licence issued to the petitioner by respondent No.3-APMC is cancelled. The petitioner also sought writ of mandamus to direct the respondents to allot shop-cum-godown to the petitioner. The Notification dated 02.12.2023 marked at Annexure-C is the Notification issued by respondent No.3. Now it is submitted that the said Notification is withdrawn. Accordingly, the said prayer does not survive for consideration. 2. Fourth prayer is to issue writ of mandamus to respondents No.1 and 2 to hold elections and constitute a Committee of Respondent No.3-APMC. - 3 - NC: 2025:KHC:6502 WP No. 27636 of 2023 3. Learned counsel appearing for respondent No.3 would submit that order dated 22.11.2023 cancelling the petitioner's licence is an appealable order and the petitioner filed an appeal before the Appellate Authority. The Appellate Authority did not hear the appeal on the premise that the Writ Petition is pending. Accordingly, the same is dismissed in terms of the order dated 09.02.2024 at Annexure-R3. 4. There is no dispute that the order dated 22.11.2023 is an appealable order. Hence, the Appellate Authority is directed to restore the appeal to its original file and to hear the appeal on merits. 5. As far as third prayer is concerned to issue a direction to respondents No.1 and 2 to hold election, there is no dispute over the fact that the term of the Committee is expired on 24.03.2020. It is submitted at the bar that the jurisdictional Deputy Commissioner to take necessary steps to hold the election to the Committee to respondent No.3-APMC. The Deputy Commissioner is not made a party to the proceeding. Hence, respondent No.1 is directed to instruct the jurisdictional - 4 - NC: 2025:KHC:6502 WP No. 27636 of 2023 Deputy Commissioner to take necessary steps to hold election to the Committee of respondent No.3. 6. The whole exercise shall be completed within a period of four months from today. 7. It is further made clear that nothing is expressed on the merits of the appeal which is ordered to be restored. All contentions are kept open. 8. Application seeking permission to issue fresh Notification does not survive for consideration. 9. Respondent No.3 is at liberty to take appropriate action as advised under the law. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 10