- 1 - HC-KAR NC: 2025:KHC-D:10838 WP No. 106830 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106830 OF 2023 (APMC) BETWEEN: M/S. MUDGAL TRADERS, REP. BY ITS SOLE PROPRIETOR, SRI. SHIVABASAPPA S/O. KARIBASAPPA MUDAGAL, AGE. 70 YEARS, OCC. BUSINESS, R/O. AKKIPET VILLAGE, TQ. & DIST. HAVERI – 581 110. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD. BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, M.S. BUILDING, BANGALORE – 560 001. 2. THE DIRECTOR OF AGRICULTURAL MARKETING DEPARTMENT, NO. 16, 11TH RAJ BHAVAN ROAD, BANGALORE – 560 001. 3. THE DEPUTY DIRECTOR, APMC LEGAL CELL NORTH DIVISION, HUBBALLI – 580 020. 4. THE SECRETARY, AGRICULTURAL PRODUCT MARKETING COMMITTEE, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10838 WP No. 106830 of 2023 SHINDAGI, TAL. SHINDAGI, DIST. BIJAPUR – 586 128. 5. THE SECRETARY, AGRICULTURAL PRODUCT MARKETING COMMITTEE, HOSADURGA, TAL. HOSADURGA, DIST. CHITRADURGA – 577 527. 6. THE SECRETARY, AGRICULTURAL PRODUCT MARKETING COMMITTEE, ARSIKERE, TAL. ARSIKERE, DIST. CHITRADURGA-573103. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R3; SRI. P.N. HATTI, ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE ADJUDICATE THE APPEAL FILED BY THE PETITIONER U/SEC.137A OF THE APMC ACT, VIDE ANNEXURE-N, DATED 20.01.2023, WITHIN THE PERIOD OF 04 WEEKS & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10838 WP No. 106830 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for Respondent Nos. 1 to 3. Sri.P.N.Hatti, learned counsel accepts notice for Respondent Nos. 4 to 6. 2. The petitioner is before this Court seeking for the following reliefs: 1. Issue a Writ of Mandamus directing the Respondent No.4 to consider the adjudicate the appeal filed by the petitioner U/Sec.137A of the APMC Act, vide Annexure-N, dated 20.01.2023, within the period of 04 weeks and 2. Issue/Pass any other Order or Orders as deems fit by this Hon’ble Court to meet the ends of Justice and Equity. 3. The short grievance of the petitioner is that the appeal filed by the petitioner under Section 137A of the Agricultural Produce Marketing (Regulation and Development) Act, 1966 (for short APMC Act), on - 4 - HC-KAR NC: 2025:KHC-D:10838 WP No. 106830 of 2023 21.01.2023, has still not been decided by Respondent No. 4. 4. It is clear from the perusal of the facts that the appeal was filed on 21.01.2023, and thereafter the matter has not even been considered by Respondent No. 4 till date. ORDER i) Writ Petition allowed. ii) Respondent No. 4 is directed to consider the appeal filed by the petitioner under Section 137A of the APMC Act and pass necessary orders within a period of 8 weeks. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb/- CT-ASC LIST NO.: 1 SL NO.: 35