- 1 - NC: 2025:KHC-D:4272 WP No. 103179 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103179 OF 2024 (APMC) BETWEEN: NABISAB FRUIT CENTER, OPP. CBS MATHA, GANGAVATHI, GANGAVATHI, BY ITS PROPRIETOR, SRI. NABISAB S/O HONNURSAB, AGED ABOUT 53 YEARS, OCC: BUSINESS, R/O: WARD NO.15, NEAR CHURCH, SANTE BAZAR, GADWAL CAMP, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL. … PETITIONER (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. THE DIRECTOR AGRICULTURE MARKETING DEPARTMENT, NO.16, NO.2, RAJBHAVAN ROAD, BENGALURU-560 001. 2. THE ADMINISTRATOR, AGRICULTURE PRODUCE MARKETING COMMITTEE (APMC), C.B.S. GUNJ, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583 201. 3. THE AGRICULTURE PRODUCE MARKETING COMMITTEE (APMC), C.B.S. GUNJ, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583 201, BY ITS SECRETARY. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SRI. RAJASHEKHAR B. HALLI, ADVOCATE FOR R2-R3) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4272 WP No. 103179 of 2024 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.B.Sharanabasawa., counsel for the petitioner, Smt.Mala.B.Bhute., AGA for respondent No.1 and Sri.Rajashekar.B.Halli., counsel for respondent No.2 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: a) Issue a writ in the nature of certiorari by quashing the impugned resolution, dated: 13.09.2023, in subject No.13 passed by the respondent No.2 and 3, vide Annexure-B. b) Issue a writ in the nature of certiorari by quashing the impugned order, dated: 16.03.2024, bearing No. passed by the respondent No.1, vide Annexure-C in so far as petitioner is concerned. c) Issue a writ in the nature of certiorari by quashing the impugned order, dated: 15.04.2024, bearing , passed by respondent No.3, vide Annexure-D, in so far as petitioner is concerned. - 3 - NC: 2025:KHC-D:4272 WP No. 103179 of 2024 d) Issue a writ in the nature of mandamus directing the respondents to grant some more reasonable time to deposit the balance auction sale amount of Rs.9,90,000/- in respect of the plot bearing No.V-19, situated at APMC Market Yard, Gangavathi, vide Annexure- B allotted to the petitioner and to execute the registered lease cum sale agreement in favour of the petitioner.” 3. Counsel for the respective parties urged several contentions. Counsel Sri.B.Sharanabasawa., in presenting his arguments strenuously urged that in addition to reiterating the various contentions urged in the petition and submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, the petitioner was not in a position to deposit the balance of open plot value of Rs.9,90,000/- as required in the allotment letter within a period of 90 days from the date of allotment which has resulted in the third respondent canceling the allotment by passing the impugned orders, which are assailed in the present petition. Counsel Sri.Rajashekar.B.Halli., in presenting his arguments submits that a detailed statement of objections is filed and the same may be taken note of. He argued by saying - 4 - NC: 2025:KHC-D:4272 WP No. 103179 of 2024 that the petitioner has not adhere to mandatory clause 10(i)(ii) and 20(1) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 and allotment of property in market yards, Rules 2004. 4. Heard the arguments and perused the Writ papers with care. 5. Though several contentions have been urged both the sides in support of their respective claims, having regard to the facts and circumstances of the case and in particular taking note of the fact that the shop that was allotted to the petitioner has not been allotted in favour of any one else as of today and pursuant to the cancellation, in the interest of justice and by making it clear that the present order shall not be treated as a precedent and shall not carry presidential value, in the peculiar facts and circumstances of the case. Hence, this Court deems it proper to set aside the cancellation order and permit the petitioner to pay the balance open plot value of Rs.9,90,000/- together with interest at 12% per annum from the date of allotment till the date of deposit which shall be made within a period of two months form today. It is made clear that in the event the petitioner does not deposit/ pay the aforesaid sum of - 5 - NC: 2025:KHC-D:4272 WP No. 103179 of 2024 Rs.9,90,000/- together with interest within a period of two months from today as stated supra, the original cancellation order would revive without further reference to the Bench and without further orders from the Court. It is further directed that in the event, the petitioner pays the balance open plot value together with interest as stated supra, the respondent would execute necessary documents in favour of the petitioner confirming the allotment of the subject site in its favor. 6. With aforesaid directions, petition stands disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP LIST NO.: 1 SL NO.: 67