- 1 - NC: 2025:KHC-D:3658 WP No. 101137 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101137 OF 2025 (APMC) BETWEEN: UTTAM STORES REP/BY ITS PARTNER - NARESH SUGANANI, AGE. 55 YEARS, OCC. BUSINESS, R/AT. 1/A, NEAR MISKIN BAKERY, VIJAYNAGAR, HUBBALLI, KARNATAKA-580 032. …PETITIONER (BY SRI. GOURI SHANKAR H. MOT, ADVOCATE) AND: 1. THE DIRECTOR OF AGRICULTURAL MARKETING, REPRESENTED BY ITS SECRETARY, NO. 16, II RAJ BHAVAN ROAD, BENGALURU-560 001. 2. THE SECRETARY, AGRICULTURAL PRODUCE MARKET COMMITTEE, AMARGOL TQ. HUBBALLI, DIST. DHARWAD-580 025. …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 A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 20/02/2024 I.E., ANNEXURE-F AND G AND DIRECT THE RESPONDENT NO.2 TO REFUND THE PETITIONER A SUM OF RS.65,340/- PAID TOWARDS EARNEST MONEY DEPOSIT AND THE SUM OF RS.8005/- ACCRUED IN 6-YEAR NATIONAL SAVINGS CERTIFICATE I.E., ANNEXURE-B AND C WITH INTEREST AT THE RATE OF 12 PER ANNUM, AND ETC., ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:48 +0530 - 2 - NC: 2025:KHC-D:3658 WP No. 101137 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1.Sri.P. N. Hatti, learned counsel, accepts notice for respondent No.2. 2. Petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of mandamus by directing the respondent No.2 to consider the representation dated 20/02/2024 i.e., Annexure-F & G and direct the respondent No.2 to refund the petitioner a sum of Rs.65,340/- paid towards earnest money deposit & the sum of Rs.8005/- accrued in 6-Year National Savings Certificate i.e., Annexure-B & C with interest at the rate of 12% per annum; & b) Issue such other suitable orders or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 3. 3. The grievance of the petitioner is that, the petitioner had applied for allotment of shop in the market yard to respondent No.2 by having provided National Savings Certificate and made payment of money. The allotment not having been made, the petitioner - 3 - NC: 2025:KHC-D:3658 WP No. 101137 of 2025 sought for refund of the amount, which has not been granted. 4. The undisputed fact is that, allotment has not been made in favour of the petitioner. In that view of the matter, it was for the respondents to return the monies. The same not having been done, the petitioner has been forced to approach this Court. 5. Hence, I pass the following: ORDER i. Writ Petition is allowed. ii. Mandamus is issued, directing respondent No.2 to consider the representation dated 20.02.2024 at Annexures - F and G and pass necessary orders within a period of 15 days from date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:VP LIST NO.: 1 SL NO.: 28