- 1 - HC-KAR NC: 2025:KHC-D:7528 WP No. 103648 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103648 OF 2025 (APMC) BETWEEN: 1. ASIF KHANAPUR S/O. NAZEERAHMED, AGE: 37 YEARS, OCC: CATTLE BUSINESS, R/O. MOODALAGI, TQ: MOODALAGI, BELAGAVI-591312. 2. MR. MURGEPPA S/O. SHIVAPPA KARIHONA, AGE: 56 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 3. MRS. NEELAVVA TIPPESHATTI W/O. MAHALINGAPPA, AGE: 69 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 4. MR. BASAVARAJ S/O. MALLAPPA HASABI, AGE: 60 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 5. MR. BABU S/O. KALLAPPA SAVANTANAVAR, AGE: 71 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 6. MR. MAHALINGAPPA S/O. VEERUPAKSHAPPA MURGOD, AGE: 68 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7528 WP No. 103648 of 2025 7. MR. SHRIKANT S/O. MAHADEVAPPA HUNDEKAR, AGE: 56 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 8. MR. SIDDAPPA S/O. DEVENDRAPPA MANTUR, AGE: 60 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 9. MR. SUBHASH GURUNATH RAVAL, LEGAL REPRESENTATIVE OF GURUNATHA RAMAPPA RAVAL AGE: 54 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 10. MR. SHANKAR S/O. GURULINGAPPA MUNNOLI, LEGAL REPRESENTATIVE OF GURULINGAPPA RAMAPPA MUNNOLI, AGE: 54 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 11. MR. PARAWWA W/O. NAGAPPA KALAL, AGE: 70 YEARS, OCC: BUSINESS, R/O. NO. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 12. SHRI ERAYYA S/O. FAKIRAYYA MATHAPATHI, AGE: MAJOR, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. 13. MR. SHIVABASU S/O. BASAPPA BHUJANNAVAR, AGE: 40 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. - 3 - HC-KAR NC: 2025:KHC-D:7528 WP No. 103648 of 2025 14. MR. SHIVABASU S/O. NAGAPPA HUDDAR, LEGAL REPRESENTATIVE OF NAGAPPA BASAPPA HUDDAR, AGE: 49 YEARS, OCC: BUSINESS, R/O. MUDALAGI-591312, TAL: GOKAK, DISTRICT: BELGAUM. …PETITIONERS (BY SRI. SANKET S. AMBALI, ADVOCATE) AND: 1. THE PRESIDENT AGRICULTURAL PRODUCE MARKETING COMMITTEE (APMC), GOKAK, DT: BELAGAVI-591307. 2. THE SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE (APMC), GOKAK, DT: BELAGAVI-591307. 3. THE DISTRICT COMMISSIONER, D.C. COMPOUND, BELAGAVI-590001. …RESPONDENTS (BY SRI. P.N. HATTI, ADVOCATE FOR R1 & R2; SRI. M.M. KHANNUR, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS/ORDER/DIRECTION OF APPROPRIATE NATURE DIRECTING THE RESPONDENTS NO.1 AND 2 TO CONSIDER THE REPRESENTATION DATED 28.02.2025 (ANNEXURE-A), INSOFAR AS PETITIONERS ARE CONCERNED. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:7528 WP No. 103648 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. This petition is filed by the petitioners seeking writ of mandamus for a direction to the respondents No.1 and 2 to consider the representation dated 28.02.2025. 2. According to the petitioners, the ancestors of the petitioners started a Cattle Market in the open land in Mudalagi Village of Belagavi District on lease for Cattle Market in the year 1957. Thereafter, the land vested with the Agricultural Produce Marketing Committee (APMC), Gokak in the year 1991-92. In the year 1995, lease rights of 15 years were granted to petitioners' families. 3. It is the contention of learned counsel for the petitioners, that respondents have initiated eviction proceedings abruptly. It is also contended that the families of the petitioners challenged the eviction and - 5 - HC-KAR NC: 2025:KHC-D:7528 WP No. 103648 of 2025 the competence of the respondent authorities. The same was adjudicated by this Court in Writ Petition No.102210 of 2022 and connected matters. The petitions were allowed. However, the APMC was entitled to continue the proceedings in accordance with the terms of the Act against the leaseholders and all contentions were kept open. 4. It is the contention of the learned counsel for the petitioners that, they have filed a representation to the respondents to consider their plea and protect their rights in accordance with the Constitution and the terms of the lease, whereas the respondents, without providing any opportunity of hearing and without giving proper notice and adhering to principles of natural justice, have initiated eviction proceedings. Therefore, there is discrimination by the respondents as against the petitioners herein. It is also contended that, some of the other lessees of similar nature have been given opportunity of - 6 - HC-KAR NC: 2025:KHC-D:7528 WP No. 103648 of 2025 hearing which is not given to the petitioners. Therefore, the present petition is filed to consider their representations. 5. Learned counsel Sri. P. N. Hatti, representing the respondent APMC, contended that the petitioners are in possession of the properties on the basis of leave and license and their term having come to an end, they ought to have vacated the properties in terms of the agreement of leave and license, which they have not done, and in accordance with the terms of the agreement, eviction notice is issued and proceedings are initiated as per law. Nevertheless, in view of the representation filed by the petitioners, the same would be considered in accordance with law and dealt with in the manner known to law. 6. Having heard the counsel of both parties, this petition is disposed of. Accordingly I pass the following: - 7 - HC-KAR NC: 2025:KHC-D:7528 WP No. 103648 of 2025 ORDER i. This petition is allowed. ii. Writ of mandamus is issued directing respondent No.2 - Secretary to consider the representation of the petitioners dated 28.02.2025 strictly in accordance with law. iii. Needless to mention that the respondents shall provide reasonable opportunity of hearing to the petitioners, peruse the records and documents, if any produced, and pass orders in accordance with law. iv. If the petitioners are given any extension to continue in the premises, they are at liberty to produce such document before the authorities. On such production, the respondents shall consider the said document and pass order in accordance with law. Sd/- (PRADEEP SINGH YERUR) gab CT-MCK List No.: 1 Sl No.: 15