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2025 DAILYLAW 61618 (KAR)

SRI MANJUNATH INDUSTRIES v. THE JOINT DIRECTOR (PLANNING)

WP/100443/2023 · 2025-08-29

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11033 WP No. 100443 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100443 OF 2023 (APMC-) BETWEEN: SRI. MANJUNATH INDUSTRIES BASAPATTAN,A GANGAVATHI, BY ITS PARTNER, SMT. M. V. REKHA W/O. M. VEERESHAPPA, AGED ABOUT 50 YEARS, OCC. BUSINESS, R/O. WARD NO.13, ISLAMPUR, NEAR BASAVESHWARA OIL MILL, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL. …PETITIONER (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. THE JOINT DIRECTOR (PLANNING) AGRICULTURE MARKET DEPARTMENT, NO.II, RAJBHAVAN ROAD, BENGALURU-560001. 2. THE AGRICULTURAL PRODUCE MARKETING COMMITTEE (APMC), C.B.S. GUNJ GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583201 BY ITS SECRETARY. 3. THE ADMINISTRATOR THE AGRICULTURAL PRODUCE Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11033 WP No. 100443 of 2023 MARKETING COMMITTEE (APMC), C.B.S. GUNJ GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583201 …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. P.N. HATTI, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE RESOLUTION DATED 06.08.2022 BEARING SUBJECT NO. 6 VIDE ANNEXURE-C PASSED BY THE 2ND RESPONDENT COMMITTEE/ADMINISTRATOR AND ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER OF FORFEITURE DATED 17.08.2022 BEARING NO. PÀȪÀiÁE/PÀÈGªÀiÁ¸À(UÀA)/¤ªÉñÀ£À/782/2022-23 VIDE ANNEXURE-C1 ISSUED BY THE 2ND RESPONDENT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 in the nature of certiorari by quashing the resolution dated 06.08.2022 bearing Subject No. 6 vide Annexure-C passed by the 2nd respondent Committee/Administrator and b) Issue a writ in the nature of certiorari by quashing the order of forfeiture dated 17.08.2022 bearing - 3 - HC-KAR NC: 2025:KHC-D:11033 WP No. 100443 of 2023 no. PÀȪÀiÁE/PÀÈGªÀiÁ¸À(UÀA)/¤ªÉñÀ£À/782/2022-23 vide Annexure-C1 issued by the 2nd respondent. c) Issue such other appropriate writ, order or direction as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 2. A memo dated 01.08.2025 singed by the learned counsel appearing for the petitioner has been filed, which reads as under; “The petitioner most respectfully submits as under: That, during pendency of the top noted writ petition, the respondents No.2 and 3, have issued a permission letter/order dt:12/03/2024, by granting additional time of 9 months to complete the construction of the shop cum godown building in respect of the plot bearing No.B-141, which was allotted to the petitioner by the said respondents. That, as per the said permission the petitioner has completed the construction of the shop cum godown building. Hence the petitioner humbly prays this Hon’ble Court to dismiss the top noted writ petition as withdrawn, in the interest of Justice and equity.” 3. Accepting the submission of learned counsel and the memo, the petition stands dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC-D:11033 WP No. 100443 of 2023 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- List No.: 1 Sl No.: 111