1 RESERVED ON : 28.04.2025 PRONOUNCED ON : 18.07.2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2025 BEFORE THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.3011/2025 C/W WRIT PETITION NO. 4124/2023, WRIT PETITION NO. 4132/2023, WRIT PETITION NO. 5007/2023, WRIT PETITION NO. 173/2025, WRIT PETITION NO. 540/2025 WRIT PETITION NO. 692/2025, WRIT PETITION NO. 1536/2025 (APMC) IN W.P.NO. 3011/2025 BETWEEN : 1 . ATHITHI TRADING COMPANY NO.164, B-BLOCK APMC SUB MARKET, DASANAPURA BENGALURU -562162 REP BY ITS PROPRIETOR, SMT. K V BHARATHAMMA AGED ABOUT 56 YEARS. 2 2 . M/S GANGA AND CO. NO.176. B-BLOCK, AP.M.C. SUB MARKET DASANPURA BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI. BASAVANANJE GOWDA AGED ABOUT 58 YEARS. 3 . M/S.IMRAN SHARIEFF AND COMPANY. NO.152, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. IMRAN SHARIEFF. S/O. G.S.ANWAR SHARIEFF, AGED ABOUT 40 YEARS. 4 . MEERA TRADERS. NO.207. B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI CHANNAMADE GOWDA. S/O. EERA MADAIAH. AGED ABOUT 64 YEARS. 5 . SOMANATH TRADING COMPANY. NO.179, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162 REP. BY PROPRIETOR. DANAPPA GOWDA. AGED ABOUT 52 YEARS 6 . SANTOSH TRADERS. NO. 146, B-BLOCK. APMC MARKET. DASANAPURA. BENGALURU-562 162. REP BY ITS PROPRIETOR SRI.B.N.GOVINDAPPA, S/O. G. NARAYANAPPA. AGED ABOUT 59 YEARS. 3 7 . B.N. AGENCIES. NO.61. A-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER. SRI SHARAN KUMAR.P. S/O. B.N. PAPANNA. AGED ABOUT 27 YEARS. 8 . SRI VARALAKSHMI TRADERS. NO.125. B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. SHIVALINGAIAH.K. S/O. KEMPAIAH. AGED ABOUT 59 YEARS 9 . N.R.TRADING COMPANY. NO.114, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SMT.KAVITHA. W/O. M.B.RAJANNA. AGED ABOUT 50 YEARS. 10 . M/S.SURYA TRADERS NO.149, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562162 REP BY ITS PROPRIETOR SRI.RAVICHANDRAN, M S/0 MUNIWAMY REDDY. AGED ABOUT 59 YEAR 11 . JAI GANESH COMPANY. NO.132, B-BLOCK, APMC SUB MARKET, DASANAPURA, BENGALURU-562 162 REP. BY ITS PROPRIETOR, SRI.N. CHAKRAVARTHI AGED ABOUT 56 YEARS, 12 . VIGNESHWARA TRADING COMPANY. NO.123, 3-BLOCK AR.M.C. SUB MARKET, DASANAPURA 4 BENGALURU-562162 REP. BY ITS PREPELIETOR, SRI. GANESH. S/O. KONNAPPA REDDY. AGED ABOUT 57 YEARS, 13 . RENUKA ENTERPRISES NO.80, 8-BLOCK APMC. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER SRI. ROHIT NAIK. L AGED ABOUT 53 YEARS, 14 . VINAYAK TRADING CO., NO.14-B, B-BLOCK A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI.P.SOUNDARRAJAN S/O. PERUMAL AGED ABOUT 51 YEARS, 15 . BHARANI TRADERS NO.195, B-BLOCK APMC SUB MARKET DASANAPURA, BENGALURU -562 162 REP BY ITS PROPRIETOR, SRI S S THOTAIAH AGED ABOUT 57 YEARS. 16 . GURU KRUPA TRADERS NO.95 B-BLOCK APMC SUB MARKET, DASANAPURA, BENGALURU-563 162 REP. BY ITS PROPRIETOR SRI.T SHIVAKUMAR. S/O. GK. THAMANNA. AGED ABOUT 59 YEARS, 17 . BHASKAR COMMERCIALS, NO 205, B-BLOCK AP.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP, BY ITS PARTNER 5 SRI.N.RAMASWAMY, S/O. LATE NATARAJAN, AGED ABOUT 51 YEARS 18 . BHUVANESWARI TRADERS. NO.173. B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.K.PALANI. S/O. KANNAPPA REDDY. AGED ABOUT 54 YEARS, 19 . CHAITANYA TRADERS, NO.151, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU-562 162. REP. BY ITS PARTNER, SRI.P.S. MAHENDRA GUPTA, AGED ABOUT 63 YEARS 20 . ASHWINI TRADERS, NO.181, B-BLOCK, APMC SUB MARKET DASANAPURA, BENGALURU -562162 REP BY ITS PROPRIETOR SRI S.D. JAGADISH S/O DASAPPA AGED ABOUT 53 YEARS 21 . DURGAMBA TRADERS NO.209. B-BLOCK. APMC. SUB MARKET DASANAPURA BENGALURU-562162 REP BY ITS PROPRIETOR N DELHI BABU S/O NARAYANA REDDY AGED ABOUT 45 YEARS 22 . M S BIJAPUR TRADING COMPANY ONION AND POTATO MERCHANTS AND COMMISSION AGENTS NO.126. B-BLOCK APMC SUB MARKET. DASANPURA BENGALURU-562162 6 REP, BY ITS PARTNER SRI CHENNA KESHAVA S/O. TUPPE GOWDA AGED ABOUT 50 YEARS 23 . BYRAVESHWARA TRADING COMPANY NO.177. B-BLOCK APMC. SUB MARKET, DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR S/O. MALAPPA. AGED ABOUT 45 YEARS 24 . SRI BHARATHI TRADING COMPANY. NO.105, B-BLOCK APMC SUB MARKET DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI.VINAYA MURTHY, S/O. C.NARASIMHAN AGED ABOUT 41 YEARS. 25 . SRI THIPPESWAMY TRADERS NO.99, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU 562 162. REP. BY ITS PROPRIETOR, SRI.K.SIDDAPPA. S/O. KARIDAPPA, AGED ABOUT 74 YEARS 26 . OM SHAKTI TRADERS, NO.156, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU-562 162. REP, BY ITS PARTNER SRI. TIRUVENKADAM.V. AGED ABOUT 58 YEARS, 27 . ARFA MERAJ TRADING COMPANY, NO.113, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.JAVEED ULLA KHAN, 7 S/O. NAZEERULLA. AGED ABOUT 58 YEARS. 28 . BHEEMAMBIKA TRADERS, NO.111. B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PARTNER. SRI.P.PARAMESH. AGED ABOUT 47 YEARS. 29 . JAI HANUMAN TRADERS, NO.122, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SRI.S.PRAVEEN KUMAR, S/O. R.SIDDAPPA. AGED ABOUT 45 YEARS, 30 . ADISHWAR TRADING COMPANY, NO.182, B-BLOCK, AP.M.C. SUB MARKET. DESANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. MUNIRAJU. S/O. BYREGOWDA. AGED ABOUT 48 YEARS, 31 . SRI LEEPAKSHI TRADERS, NO.44. A-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR. SMT.S.B.SHYLAJA. AGED ABOUT 49 YEARS. 32 . MUNESH AND COMPANY. NO.128, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER SRI.SUBRAMANYA.B. 8 S/O. B.SESHAIAH AGED ABOUT 58 YEARS. 33 . SUNIL TRADING COMPANY NO.16. A-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SRI. RAGHUNATHA GOWDA.R. S/O RANE GOWDA AGED ABOUT 48 YEARS 34 . DHARMASTHALA TRADERS, NO.131. B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU - 562 162. REP. BY ITS PARTNER SRI.K.PRASAD, S/O. LATE KEMPAIAH, AGED ABOUT 47 YEARS 35 . RUDRESWAR TRADERS, NO.129, B-BLOCK. A.P.M.C. SUB MARKET DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SMT. PRAMILA, W/O. RAVIKUMAR. AGED ABOUT 46 YEARS. 36 . MAHALAKSHMI ENTERPRISES. NO.157. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU - 562 162. REP. BY ITS PROPRIETOR. SRI.ABDUL NAZIR M.P. AGED ABOUT 52 YEARS. 37 . SRI ADITYA ENTERPRISES, NO.203, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU - 562 162. REP. BY ITS PROPRIETOR 9 SRI.G.MANIKANTA, AGED ABOUT 57 YEARS. 38 . KOTWAL TRADERS, NO.205. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.S.SARAVANA. S/O. SELVAM. AGED ABOUT 36 YEARS. 39 . SRI BYRAVANATH TRADING COMPANY. NO.93, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PARTNER SRI.P.SHEKAR. S/O. PADAVAT REDDY. AGED ABOUT 59 YEARS. 40 . MAHALINGESHWARA TRADERS, NO.210. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNERS SRI.RAJAPPA.G. AGED ABOUT 52 YEARS. 41. MURTHY TRADERS NO.97, B-BLOCK, A.P.M.C. SUB MARKET DASANAPURA BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.GUJJARAPPA L.G. S/O. GANGADHARAPPA. AGED ABOUT 40 YEARS. 42 . AMARESHWARA TRADING COMPANY, NO.169, B-BLOCK, A.P.M.C. SUB MARKET, 10 DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.SIDDAPPA K. BALAGERI, S/O. KUDALAPPA, AGED ABOUT 48 YEARS. 43 . NISARGA TRADERS, NO.175, B-BLOCK. A.P.M.C. SUB MARKET DASANAPURA, BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SRI.M.N.MALLIKAR JUNAPPA. S/O. MALLA NANJUNDAPPA, AGED ABOUT 64 YEARS, 44 . VINAYAK TRADERS NO.100. B-BLOCK. A.P.M.C. SUB MARKET DASANAPURA, BENGALLURU-562 162. REP. BY ITS PROPRIETOR SRI MOHAN V.H S.O. LATE U.R. HANUMANTHAPPA, AGED ABOUT 52 YEARS. 45 . LOKESH TRADING COMPANY, NO.109, B-BLOCK, APMC SUB MARKET, DASANPURA BENGALURU-562 162. REP. BY ITS PROPRIETOR SMT.S.M.SHYLAJA. S/O. LOKESH, AGED ABOUT 46 YEARS, 46 . BYLANJANEYA TRADERS, NO.183. B-BLOCK A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU-562 162. REP. BY ITS PARTNER SRI S.H.CHANDRASHEKAR REDDY. 11 S/O LATE HANUMA REDDY. AGED ABOUT 61 YEARS 47 . HONNA DEVI TRADERS, NO.164, B-BLOCK A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU -562 162. REP. BY ITS PROPRIETOR. SRI. BALAKRISHNA. S S/O. SANJEEVA SHETTY AGED ABOUT 49 YEARS 48 . P.DORAISWAMY TRADERS, NO.118. B-BLOCK. AP.M.C. SUB MARKET. DASANAPURA, BENGALURU -562 162. REP. BY ITS PROPRIETOR. SRI.P.DORAISWAMY. S/O. PONNAN. AGED ABOUT 59 YEARS. 49 . VIKAS TRADING COMPANY NO.150. B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU-562 162. REP BY ITS PROPRIETOR SRI. SHEIK VIKAS AHMED S/O MUNEER AHMED AGED ABOUT 42 YEARS 50 . SUDHA TRADERS NO.154, B-BLOCK, APMC SUB MARKET, DASANAPURA, BENGALURU -561162 REP BY ITS PROPRIETOR SRI B R SRINIVAS S/O B RUDRAPPA AGED ABOUT 55 YEARS. 12 51 . SRI SHIVAGANGA TRADERS, NO.18. A-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR SMT.REKHA, S/O. NARENDRA BABU, AGED ABOUT 44 YEARS. 52 . M/S. NAIK TRADERS, NO.168. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI VEENA NAIK S/O GURU NAIK AGED ABOUT 50 YEARS 53 . SRI PUTTARAJU GAVAIE TRADERS ONION POTATO MERCHANTS & COMMISSION AGENT NO. 204, B BLOCK APMC SUB MARKET DASANPURA BENGALURU - 562 162 REP BY ITS PARTNER SRI. S. LINGARAJU S/O LATE SHIVANNA AGED ABOUT 70 YEARS 54 . SRI MANJUNATH TREDING COMPANY NO.170 B-BLOCK APMC SUB MARKET DASANAPURA, BENGALURU -562 162 REP BY ITS PARTNER SRI. P SHIVA PRASAD BABU, S/O P PRAKASHAM AGED ABOUT 38 YEARS. ...PETITIONERS (By Sri. B R SATENAHALLI, ADVOCATE) 13 AND: 1 . THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COOPERATION VIKASA SOUDHA DR B R AMBEDKAR VEEDHI, BENGALURU -560001. 2 . THE DIRECTOR OF AGRICULTURAL MARKETING NO.16 II RAJ BHAVAN ROAD, BENGALURU -560001. 3 . THE SECRETARY APMC YARD, YESHWANTHAPURA INDUSTRIAL SUBURB YESHAWANTHPURA BENGALURU -560022. 4 . THE ADMINISTRATOR APMC YARD YESHWATHAPURA INDUSTRIAL SUBURB, YESHWANTHAPUR BENGALURU -560022. …RESPONDENTS (By SMT.PRATHIMA HONNAPURA, AAG A/W MS.RASHMI RAO, HCGP FOR R1 & R2; SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SRI. NANDA KISHORE AND SRI. T. SWAROOP, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 24.01.2025 BEARING NOS. KRU.U.MA.SA(BLR)/MALIGE/VIBHAGYA. 4068, 4084, 4080, 4071, 4095, 4077, 4072, 4120, 4088, 4076, 4127, 4119, 4112, 4108, 4103, 4175, 4114, 4092, 4156, 4118, 14 4197, 4132, 4184, 4121, 4166, 4192, 4181, 4090, 4129, 4146, 4123, 4147, 4125, 4184, 4160, 4164, 4187, 4211, 4170, 4172/2024-25 PRODUCED AT ANNX-A-1 TO A-40 RESPECTIVELY; DIRECT THE R-1 TO 2 TO HOLD AN ELECTION OF THE COMMITTEE AND TO CONSTITUTE A COMMITTEE UNDER SECTION 11 OF THE A.P.M.C ACT, 1966. IN W.P.No. 4124/2023 BETWEEN 1 . M/S C. BASAVARAJ NO.227/1, 7TH CROSS, APMC YARD, YESHWANANTPUR INDUSTRIAL SUBURB, YESWANTHPUR, BENGALURU-560 022 REP. BY S. ANAND S/O LATE SHIVAPRAKASAN . 2 . SRI DURGAMMA DEVI TRADERS NO.17/2, 2ND MAIN ROAD, YESHWANTHPUR, NEW CORPORATION PID NO.10-10-21/1, BENGALURU-560 022. REP. BY ITS PROPRIETOR SRIRAMULU, S/O. LATE VENKATASWAMY, AGED ABOUT 63 YEARS. 3 . M/S. NATARAJ TRADING COMPANY APMC YARD, YESHWANANTPUR INDUSTRIAL SUBURB, YESWANTHPUR, BENGALURU-560 022. REP.BY SRI.LOKESH, S/O. DURGAPPA GOWDA, AGED ABOUT 58 YEARS 4 . SRI.B.S. KRISHNAMURTHY T.C. NAGAPPA CHETTIAR, AGED ABOUT 56 YEARS, NO.38, 7TH CROSS, 15 APMC YARD, YESHWANANTPUR INDUSTRIAL SUBURB, YESWANTHPUR, BENGALURU-560 022. ...PETITIONERS (By Sri. B. R. SATENAHALLI, ADVOCATE) AND 1 . THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COOPERATION, VIKASA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2 . THE DIRECTOR OF AGRICULTURAL MARKETING NO.16,11, RAJ BHAVAN ROAD, BENGALURU-560 001. 3 . THE SECRETARY APMC YARD, YESHWANANTPUR INDUSTRIAL SUBURB, YESWANTHPUR, BENGALURU-560 022. 4 . CAP. SRINIVASA GOWDA,K.A.S. PERSONAL SECRETARY TO MINISTER OF COOPERATION, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENTS (By SMT. PRATHIMA HONNAPURA, AAG A/W MS. RASHMI RAO, HCGP FOR R1, R2 & R4; SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE A/W SRI. T. SWAROOP, ADVOCATE FOR R3) 16 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION DATED 17/01/2023 BEARING NO.CO292MRE22BANG ISSUED BY THE GOVERNMENT- R-1 VIDE ANNEXURE-F; DIRECTING THE R-1 AND 2 TO HOLD ELECTIONS TO THE APMC MARKET, YESHWANTHPUR, BENGALURU; DIRECTING THAT AFTER HOLDING AND CONSTITUTING THE COMMITTEE UNDER SECTION-11 OF THE APMC, THE COMMITTEE IS DIRECTED TO CONSIDER THE PROPOSALS OF CONSTITUTING THE SPECIAL MARKET COMMITTEE, AS PROVIDED UNDER SECTION-96 OF THE APMC ACT. IN W.P.No. 4132/2023 BETWEEN 1 . NEEV ENTERPRISES NO 3, 2ND MAIN ROAD APMC YARD, YESHWANTHPUR INDUSTRIAL SUBURB YESHWANTHPUR BENGALURU 560022 REP BY ITS PROPRIETOR SMT NEETA TULSHAN W/O VIKAS TULSAN AGED ABOUT 46 YEARS 2 . SRI PARAMESH TRADERS NO 10/C3, 2ND MAIN ROAD APMC YARD, YESHWANTHPUR INDUSTRIAL SUBURB YESHWANTHPUR BENGALURU 560022 REP BY ITS PROPRIETOR SRI K DEVE GOWDA S/O KEMPAIAH AGED ABOUT 53 YEARS. 17 3 . SREE RAJESWHARI TRADING COMPANY NO 7, POTATO COMPLEX APMC YARD YESHWANTHPUR INDUSTRIAL SUBURB YESWANTHPUR BENGALURU -560 022 REP BY ITS PARTNER SRI M YOGANANDAM S/O P MUNISWAMY AGED ABOUT 63 YEARS. 4 . ONION TRADING COMPANY NO 25, 2ND MAIN RAOD APMC YARD, YESHWANTHPUR INDUTRIAL SUBURB YESHWANTHPUR, BENGALURU 560022 REP BY ITS PROPRIETOR SRI C YOGANANDAN S/O D CHANDRAMOURISWARA AGED ABOUT 53 YEARS ...PETITIONERS (SRI.B.R. SATENAHALLI, ADVOCATE ) AND 1 . THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COOPERATION VIKAS SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU 560001. 2 . THE DIRECTOR OF AGRICULTURAL MARKEING NO 16, II, RAJ BHAVAN ROAD BENGALURU 560001. 3 . THE SECRETARY APMC YARD YESHWANTHPUR INDUSTRIAL SUBURB 18 YESWANTHPUR BENGALURU 560022. 4 . CAP. SRINIVASA GOWDA K A S PEROSNAL SECRETARY TO MINISTER OF CO OPERATION VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU 560001. …RESPONDENTS (By SMT.PRATHIMA HONNAPURA, AAG A/W MS. RASHMI RAO, HCGP FOR R1, R2 & R4; SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE A/W SRI. T. SWAROOP, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO- QUASHING THE NOTIFICATION DATED 17/01/2023 BEARING NO.CO292MRE22BANG ISSUED BY THE GOVERNMENT 1ST RESPONDENT VIDE ANNEXURE-A AND NOTIFICATION DATED 18/01/2023 ISSUED BY THE DIRECTOR R-2 VIDE ANNEXURE-B; DIRECTING THE R-1 AND 2 TO HOLD ELECTIONS TO THE APMC MARKET, YESHWANTHPUR, BENGALURU; DIRECTING THAT AFTER HOLDING AND CONSTITUTING THE COMMITTEE UNDER SECTION-11 OF THE APMC, THE COMMITTEE IS DIRECTED TO CONSIDER THE PROPOSALS OF CONSTITUTING THE SPECIAL MARKET COMMITTEE, AS PROVIDED UNDER SECTION-96 OF THE APMC ACT. IN W.P.No. 5007/2023 BETWEEN 1 . G ADJHIMURTHY NO.41, 7TH CROSS, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP BY ITS PROPRIETOR, 19 SRI. G.A. SRINATH, S/O G. ADIMURTHY, AGED ABOUT 68 YEARS 2 . SREE SIDDHESHWARA TRADING CO. NO.13/1, 5TH MAIN ROAD, 7TH CROSS, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP BY ITS PARTNER, SRI. C. UDAYA SHANKAR, S/O LATE S. CHANNAVEERA DEVARAPPA, AGED ABOUT 59 YEARS 3 . RAVI TRADING COMPANY NO.17/1, 2ND MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP. BY ITS PARTNER, SRI. B. RAVISHANKAR.R S/O LATE S. BALAKRISHNA, AGED ABOUT 51 YEARS 4 . M/S J.T.R. TRADING COMPANY NO.1/20, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP BY ITS PROPRIETOR, SRI. J.T. RAMESH, S/O LATE J. THIMMAPPA, AGED ABOUT 57 YEARS. 5 . SHARATH TRADING CO., NO.223, 4TH MAIN, 7TH CROSS, AMPC YARD, YESHWANTHPUR, BENGALURU-560022. REP BY ITS PROPRIETOR, SRI. K.C. RUDRAMURTHY, S/O LATE CHANNAPPA, AGED ABOUT 61 YEARS. 20 6 . SHIVARAJ TRADING CO., NO.221, 7TH CROSS, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP. BY ITS PROPREITOR, SRI. SURESH M.D. S/O DESI GOWDA AGED ABOUT 35 YEARS. 7 . GANGA MEENAKSHI TRADERS NO.19/46,ONION POTATO COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP. BY ITS PROPRIETOR, SRI. H. NAGABHUSHAN, S/O LATE G. HANUMANTHAPPA, AGED ABOUT 60 YEARS 8 . SRI.VASAVI TRADING COMPANY NO.57, 7TH CROSS, 5TH MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP. BY ITS PARTNER, SRI. T.S. SRINIVASA MURTHY, S/O LATE T. SUBBAIAH SETTY, AGED ABOUT 66 YEARS. 9 . M. RAMAKRSIHANAIAH NO.227, 7TH CROSS, 4TH MAIN, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP. BY ITS PARTNER, SRI. R. HEMANTH KUMAR, S/O LATE M. RAMAKRISHNAIAH, AGED ABOUT 54 YEARS. 10 . SRI. RUDESHWARA TRADERS NO.23/2, 7TH CROSS, 4TH MAIN, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP. BY ITS PARTNER, SRI. A.S. PREMDEPPA, 21 S/O SHANTHAVEERA, AGED ABOUT 57 YEARS. 11 . M/S N. SIDDAPPA NO.95, 3RD MAIN ROAD, 4TH MAIN, APMC YARD, YESHWANTHPUR, BENGALURU-560022. REP. BY ITS PARTNER, SRI. P.S. RAGHUNANDAN, S/O LATE P.G.S. GUPTA, AGED ABOUT 60 YEARS. 12 . S. RAMASWAMY AND CO, NO.94/1, 3RD MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI.S.SRINIVASAN, SUBBARAYA REDDY, AGED ABOUT 59 YEARS. 13 . N.N. TRADERS NO.14/1,2ND MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI.N.V. SANDEEP, S/O. N. VENKATACHALAPATHY, AGED ABOUT 36 YEARS. 14 . SRI RAGHU VENKATESHWARA AND CO, NO.41,7TH CROSS, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS AUTHORIZED SIGNATORY, SRI.B.V. VIVEK, S/O. LATE B.S. VENKATESH, AGED ABOUT 37 YEARS. 22 15 . SRI LAKSHMI VENKATESHWARA TRADING CO, NO. 238, 6TH MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI.B.N. SUDEEP, S/O. B. NAGARAJA, AGED ABOUT 44 YEARS. 16 . AKBAR TRADERS NO.91/1,III MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI.RAHIL, S/O. MUNAF BASHAIR,, AGED ABOUT 29 YEARS. 17 . NEW JAIHIND AND CO, NO.93,3RD MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022, REP. BY ITS PARTNER, SRI.NITHUL.J.SHAH, S/O. LATE JAYANTILAL H. SHAH, AGED ABOUT 52 YEARS. 18 . RAJDEEP AND CO NO.87,3RD MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022, REP. BY ITS PARTNER, SRI.DEEPESH R. SHAH, S/O. RAMNIKLAL H. SHAH, AGED ABOUT 40 YEARS. 19 . KAMAL AND CO. SHOP NO. 92, 3RD MAIN ROAD, APMC YARD,, 23 YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI.DEEPAK.J.SHAH, S/O. LATE JAYANTILAL H. SHAH, AGED ABOUT 53 YEARS. 20 . BIPIN AGENCIES NO.81/2, 3RD MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI.SHAKTI B. VORA, S/O. BIPIN M. VORA, AGED ABOUT 41 YEARS. 21 . SREE VENKATESHWARA ENTERPRISES NO.87, 1ST FLOOR, 3RD MAIN, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI. RAJA.S, S/O. R. SUNDRAM, AGED ABOUT 48 YEARS. 22 . PRAKASH TRADING CO. NO.51/3,2ND MAIN ROAD, 5TH CROSS, APMC YARD, YESHWANTHPUR, BENGALURU-560 022, REP. BY ITS PROPRIETOR, SRI.PRAKASH.P, S/O. PUTTASWAMY, AGED ABOUT 42 YEARS. 23 . M/S. KARANIA AGENCIES NO.8, APMC YARD, 2ND MAIN ROAD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI. MANSUKHLAL KESHVAJI, 24 S/O. LATE KESHVAJI NARSHI KARNAIA, AGED ABOUT 67 YEARS. 24. SONA TRADING CO. NO.6/20, GARLIC COMPLEX, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PROPRIETOR, SRI.AMAR R. SONA, S/O. RAMESH SONA AGED ABOUT 44 YEARS. 25 . JAI BHAVANI TRADERS NO.86, 3RD MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PROPRIETOR, SRI.BHAVIN SONA, S/O.LATE H.C. SONA, AGED ABOUT 46 YEARS. 26 . M/S.J.P. TRADERS NO.23/2, 2ND MAIN ROAD, APMC YARD, YESHWANTHPUR, BENGALURU-560 022. REP. BY ITS PARTNER, SRI.P.SHIVA KUMAR, S/O. LATE PUTTAIAH, AGED ABOUT 71 YEARS ...PETITIONERS (By Sri. B. R. SATENAHALLI, ADVOCATE) AND 1 . THE STATE OF KARNATAKA BY ITS SECRETARY, 25 DEPARTMENT OF COOPERATION, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 2 . THE DIRECTOR OF AGRICULTURAL MARKETING NO.16, II, RAJ BHAVAN ROAD, BENGALURU-560001. 3 . THE SECRETARY APMC YARD, YESHWANTPUR INDUSTRIAL SUBURB, YESWANTHPUR, BENGALURU-560022. 4 . CAP. SRINIVASA GOWDA, K.A.S. PERSONAL SECRETARY TO MINISTER OF COOPERATION, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. …RESPONDENTS (By SMT.PRATHIMA HONNAPURA, AAG A/W MS. RASHMI RAO, HCGP FOR R1, R2 & R4; SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE A/W SRI. T. SWAROOP, ADVOCATE FOR R3 SRI. SIDDARTH B MUCHANDI, ADVOCATE FOR PROPOSED APPLICANT ON IA2/2023) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION DATED 17.01.2023 BEARING NO.CO292MRE22BANG ISSUED BY THE GOVERNMENT 1ST RESPONDENT, VIDE ANNX-A, NOTIFICATION DATED 18.01.2023 BEARING NO.KRUMAE/NIYAVI/OTHERS/16/2022-23 ISSUED BY THE DIRECTOR R-2 ,VIDE ANNX-B AND NOTIFICATION PUBLISHED ON 25.02.2023 BY THE DIRECTOR IN THE 26 DAILY KANNADA NEWSPAPER VIJAYA KARNATAKA NUMBER 16/23 DATED 24.02.23 VIDE ANNX-C; DECLARING THAT THE PROVISIONS OF THE KARNATAKA AGRICULTURAL PRODUCE(MARKETING AND REGULATION) ACT 1966 ARE NOT APPPLICABLE TO THE BENGALURU METROPOLITAN CITY OR DIRECT THE STATE GOVERNMENT R-1 TO HOLD ELECTION TO THE MARKET COMMITTEE FORTHWITH; DIRECTING THAT THE NEW COMMITTEE CONSTITUTED UNDER SECTION -11 OF THE APMC ACT, AFTER DECLARATION BY ISSUE OF NOTIFICATION LIBERTY OF IMPLEMENTING THE PROVISIONS IN A PROPER PERSPECTIVE; DIRECTION THAT AFTER CONSTITUTION OF THE NEW COMMITTEE WHICH HAVE LIBERTY TO NOTIFY THE MARKET UNDER SECTION-96 OF THE APMC ACT. IN W.P.No. 173/2025 BETWEEN 1 . PURUSHOTHAM TRADERS SHOP NO.39, A BLOCK, DASANAPURA, APMC SUB MARKET YARD, DASANAPURA, BENALURU-562162, BY ITS PROPRIETOR G.S.PURUSHOTHAM, S/O G.SRINIVAS, AGED ABOUT 59 YEARS. 2 . MADHU TRADING COMPANY SHOP NO.76, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, REPRESENTED BY ITS PARTNER, SRI.C.RADHAKRISHNAN, S/O CHINNASWAMY, AGED ABOUT 49 YEARS. 3 . SRI.SARASWATHI TRADERS, SHOP NO.166, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.C.S.SADANAND, S/O C.C.SIDDAMARIYAPPA, 27 AGED ABOUT 50 YEARS. 4. SRI.SHARANA BASAVESHWARA TRADING CO., SHOP NO.76, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS SMT. NAGARATHNA, AGED ABOUT 40 YEARS. 5 . SRI. MANJU TRADERS, SHOP NO.25, A BLOCK, DASANAPURA, APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. G. MANJUNATH, AGED ABOUT 42 YEARS. 6 . B.S.HASABI AND SONS SHOP NO.101, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. MAHANTESH HASABI, S/O BASAVARAJ, AGED ABOUT 46 YEARS. 7 . SRI LAKSHMI DEVI TRADERS, SHOP NO.167, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, BY ITS PARTNER SRI.K.SHIVAIAH, S/O MAGADI KEMPAIAH, AGED ABOUT 50 YEARS. 8 . SRIDHAR TRADERS, SHOP NO.53, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, BY ITS PROPRIETOR D.VENUPRASAD, S/O K.N.KEMPEGOWDA, AGED ABOUT 50 YEARS. 28 9 . BENAKA TRADERS SHOP NO.90, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, BY ITS PROPRIETOR D.VENUPRASAD, S/O DASE GOWDA, AGED ABOUT 38 YEARS. 10 . MALLESH TRADERS, SHOP NO.104, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, BY ITS PROPRIETOR SMT. V. RANI, W/O BALU, AGED ABOUT 42 YEARS. 11 . SATHISH KUMAR TRADING CO., SHOP NO.42, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, BY ITS PROPRIETOR SATHISH KUMAR S/O MANCHAIAH AGED ABOUT 50 YEARS. 12 . N.R.TRADING MANDI, SHOP NO.67, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, BY ITS PROPRIETOR SRI.GAGAN J, S/O JAYARAM H, AGED ABOUT 28 YEARS. 13 . DAYASHANKAR TRADERS, SHOP NO.112, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162, BY ITS PROPRIETOR SRI.OMKARESHWARA B.H, S/O B.H.BYRAMAIAH, AGED ABOUT 52 YEARS. 14 . VISWA BHARATHI TRADING CO., SHOP NO.108, B BLOCK, 29 DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX MS.NAVEENA S, D/O SRINIVASANA, AGED ABOUT 40 YEARS. 15 . CHAMUNDESHWARI TRADERS, SHOP NO.87, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. M.VENKATESH, S/O MAHADEVAIAH, AGED ABOUT 45 YEARS. 16 . BHASKAR TRADERS SHOP NO.200, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. PUTTASWAMI, S/O LATE DASEGOWDA, AGED ABOUT 69 YEARS. 17 . MALLESH TRADING CO., SHOP NO.106, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX SMT. VIJAYA, W/O V.H.OMKARESHWARA, AGED ABOUT 45 YEARS. 18 . ABHI TRADERS SHOP NO.11, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX SMT.A. THARESHWARI, W/O ANILKUMAR, AGED ABOUT 45 YEARS. 19 . LAKSHMI VENKATESHWARA ENTERPRISES, SHOP NO.117, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX SMT. LALITHA P, W/O T.VENKATACHALAIAH, AGED ABOUT 38 YEARS. 30 20 . AKASH ENTERPRISES, SHOP NO.50, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX SMT.C.P.REKHA, W/O K.NARAYANA, AGED ABOUT 36 YEARS. 21 . MANIKANTA ENTERPRISES, SHOP NO.37, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.D.S.KARANA, S/O PEDDANNA, AGED ABOUT 28 YEARS. 22 . SIDDESHWARA ENTERPRISES, SHOP NO.115, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX SMT. RATNAMMA, W/O SHIVARAM, AGE 37 YEARS. 23 . SRI.SIDDARAMESHWARA TRADING CO, SHOP NO.96, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. CHANDRASEKHAR B, S/O BASAPPA, AGED ABOUT 46 YEARS 24 . SRI.ANJANEYA TRADERS, SHOP NO.34, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. MANJUNATH C, S/O CHANDRAPPA, AGE 40 YEARS. 25 . HARSHA TRADERS, SHOP NO.165, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. HARSHA K.N., 31 S/O NAGARAJU H.V, AGED 33 YEARS. 26 . MAHAKOTESHWARA TRADING CO., SHOP NO.178, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.M.B.SHIVAPRASAD, S/O M.BASAVANTAPPA, AGE 52 YEARS. 27 . KARTHIK TRADERS, SHOP NO.50, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. U.G.NAGARAJU, S/O GANGADHARAPPA, AGE 48 YEARS. 28 . SIRIDEVI PROVISION STORE, SHOP NO.36, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX SMT.GOWRAMMA, W/O CHIKKANNA, AGE 50 YEARS. 29 . MOKAMBIKA TRADERS, SHOP NO.29, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. MANJUNATH J, S/O JAYARAMAIAH, AGE 33 YEARS. 30 . SRI BABA TRADING COMPANY, SHOP NO.120, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.K.L.SHASHIDHAR, S/O K.LOKESH, AGE 52 YEARS. 31 . RAJAN TRADING CO., SHOP NO. 102, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.N.SELVAM, 32 S/O NATESHAN M, AGE 63 YEARS. 32 . J.K.TRADERS, SHOP NO.8, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PARTNER SRI.K.PALANI, S/O KANNAPPA REDDY, AGE 53 YEARS. 33 . RENUKAMBA ENTERPRISES SHOP NO.135, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU 562 162, BY ITS PROPRIETOR SRI. CHIKKEGOWDA P.N., S/O NARAYANAPPA, AGE 32 YEARS. 34 . R.R.R. TRADERS, SHOP NO.140, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PARTNER SMT. POOJA R, W/O R.RAJESHGOWDA, AGE 24 YEARS. 35 . N.N.TRADING COMPANY, SHOP NO.19, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PARTNER SMT.N.V.DEEPA, W/O N.V.VINOD KUMAR, AGE 41 YEARS. 36 . S.J.P. TRADERS, SHOP NO.172, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. PRABHU S, AGE 36 YEARS. ...PETITIONERS (By Sri. R.S. RAVI, SENIOR ADVOCATE FOR MS. SHILPA RANI, ADVOCATE) 33 AND: 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, M.S.BUILDING, BENGALURU- 560001. 2 . THE DIRECTOR OF AGRICULTURAL MARKETING, RAJ BHAVAN ROAD, BENGALURU-560001. 3 . THE AGRICULTURAL PRODUCE MARKET COMMITTEE BY ITS SECRETARY, YESHWANTHPUR MARKET YARD, YESHWANTHPUR, BENGALURU-560022. …RESPONDENTS (By SMT. PRATHIMA HONNAPURA, AAG A/W MS. RASHMI RAO, HCGP FOR R1 & R2; SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI. NANDA KISHORE, ADVOCATE FOR C/R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE BELOW SAID IMPUGNED NOTICES BEARING NO. (1) KRUUUMASA/BEN/ MALIGEVIBHAGHA/3373-3374/ 2024-25 DATED. 20.12.2024 AS PER ANNX-C. (2) KRUUUMASA/BEN/MALIGEVIBHAGHA/3377- 3378/2024-25 DATED 20.12.2024 AS PER ANNX-C1. (3) KRUUUMASA/BEN/MALIGEVIBHAGHA/3523/2024- 25 DATED 20.12.2024 AS PER ANNX-C2. (4) KRUUUMASA/BEN/MALIGEVIBHAGHA/3543/2024- 25 DATED 20.12.2024 AS PER ANNX-C3. AND ETC; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE P-1 TO 9, 18, 23 TO 25, 27 AND 28, 32 TO 33 AND 36 DTD. 30.12.2024, PETITIONERS NO.10 TO 17, 19 TO 22, 26, 29 DATED 31.12.2024 P-30 TO 31, 34 AND 35 DATED 01.01.2025 34 AS PER ANNX-D, D1 TO D35 IN ACCORDANCE WITH LAW. IN W.P.No. 540/2025 BETWEEN : 1 . ATHITHI TRADING COMPANY NO.164, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SMT. K.V.BHARATHAMMA, AGED ABOUT 56 YEARS, 2 . SRI VARALAKSHMI TRADERS, NO.125. B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. SHIVALINGAIAH.K. S/O. KEMPAIAH. AGED ABOUT 59 YEARS. 3 . N.R.TRADING COMPANY, NO.114. B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR. SMT. KAVITHA, W/O. M.B.RAJANNA. AGED ABOUT 50 YEARS. 4 . OM SHAKTI TRADERS, NO.156, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU - 562 162. REP. BY ITS PARTNER SRI TIRUVENKADAM.V. AGED ABOUT 58 YEARS. 5 . MEERA TRADERS, NO.207, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. 35 REP. BY ITS PROPRIETOR. SRI.CHANNAMADE GOWDA, S/O. EERA MADALAH, AGED ABOUT 64 YEARS. 6 . VIGNESHWARA TRADING COMPANY, NO.123, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI.GANESH, S/O. KONNAPPA REDDY, AGED ABOUT 57 YEARS. 7. NISARGA TRADERS, NO.175, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI.M.N.MALLIKARJUNAPPA. S/O. MALLA NANJUNDAPPA. AGED ABOUT 64 YEARS. 8 . JAI GANESH COMPANY. NO.132, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI.N.CHAKRAVARTHI. AGED ABOUT 56 YEARS, 9 . SANTOSH TRADERS, NO.146, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.B.N.GOVINDAPPA, S/O. G. NARAYANAPPA. AGED ABOUT 59 YEARS. 10 . M/S.GANGA AND CO, NO.176, B-BLOCK. A.P.M.C. SUB MARKET. 36 DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI. BASAVANANJE GOWDA AGED ABOUT 58 YEARS. 11 . B.N. AGENCIES, NO.61, A-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER. SRI. SHARAN KUMAR.P. S/O. B.N. PAPANNA. AGED ABOUT 27 YEARS. 12 . BHASKAR COMMERCIALS, NO.205. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER SRI.N.RAMASWAMY. S/O. LATE NATARAJAN. AGED ABOUT 51 YEARS. 13 . RENUKA ENTERPRISES, NO.80. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PARTNER SRI. ROHIT NAIK.L. AGED ABOUT 53 YEARS. 14 . DURGAMBA TRADERS, NO.209, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI.N.DELHI BABU. S/O. NARAYANA REDDY. AGED ABOUT 48 YEARS. 15 . SRI LEEPAKSHI TRADERS, NO.44, A-BLOCK, A.P.M.C. SUB MARKET. 37 DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR. SMT.S.B.SHYLAJA, AGED ABOUT 49 YEARS. 16 . VINAYAK TRADERS, NO.14-B. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR. SRI.P.SOUNDARRAJAN. S/O. PERUMAL. AGED ABOUT 51 YEARS. 17 . TIPPESWAMY TRADERS, NO.99, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SRI.K.SIDDAPPA. S/O. KARIDAPPA. AGED ABOUT 74 YEARS. 18 . A J.S.TRADING COMPANY, NO.192. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI. EJAJ PASHA. S/O. SYED SALAR. AGED ABOUT 56 YEARS. 19 . SRI BHARATHI TRADING COMPANY, NO.105. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. VINAYA MURTHY. S/0. C.NARASIMHAN, AGED ABOUT 41 YEARS. 20 . AMARESHWARA TRADING COMPANY, NO.169, B-BLOCK. 38 A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI.SIDDAPPA K. BALAGERI. S/O. KUDALAPPA. AGED ABOUT 48 YEARS. 21 . VIKAS TRADING COMPANY NO.150. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI.SHEIK VIKAS AHMED, S/O. MUNEER AHMED, AGED ABOUT 42 YEARS, 22 . M/S. NAIK TRADERS. NO.168, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI. VEERA NAIK. S/O. GURU NAIK. AGED ABOUT 50 YEARS. 23 . SUNIL TRADING COMPANY NO.16. A-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. RAGHUNATHA GOWDA.R. S/O. RAME GOWDA. AGED ABOUT 48 YEARS. 24 . MAHALAKSHMI ENTERPRISES, NO.157. B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. ABDUL NAZIR M.P. AGED ABOUT 52 YEARS. 25 . VINAYAK TRADERS, NO.100. B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, 39 BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI.MOHAN V.H. S.O. LATE U.R. HANUMANTHAPPA, AGED ABOUT 52 YEARS, 26 . MURTHY TRADERS, NO.97, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SRI.GUJJARAPPA L.G. S/O. GANGADHARAPPA, AGED ABOUT 40 YEARS, 27 . M/S.SURYA TRADERS, NO.149, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SRI. RAVICHANDRAN.M. S/O. MUNISWAMY REDDY, AGED ABOUT 59 YEARS. 28 . P.DORAISWAMY TRADERS, NO.118, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU - 562 162. REP. BY ITS PROPRIETOR, SRI.P.DORAISWAMY. S/O. PONNAN, AGED ABOUT 59 YEARS, 29 . HONNA DEVI TRADERS, NO.164, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU - 562 162. REP. BY ITS PROPRIETOR. SRI. BALAKRISHNA.S. S/O. SANJEEVA SHETTY AGED ABOUT 49 YEARS. 30 . CHAITANYA TRADERS, NO.151, B-BLOCK. A.P.M.C. SUB MARKET. 40 DASANAPURA, BENGALURU-562 162. REP. BY ITS PARTNER. SRI.P.S. MAHENDRA GUPTA. AGED ABOUT 63 YEARS. 31 . ARFA MERAJ TRADING COMPANY, NO.113. B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.JAVEED ULLA KHAN. S/O. NAZEERULLA. AGED ABOUT 58 YEARS. 32 . BHEEMAMBIKA TRADERS, NO.111, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER, SRI.P.PARAMESH, AGED ABOUT 47 YEARS. 33 . MAHALINGESHWARA TRADERS, NO.210. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNERS. SRI.RAJAPPA.G. AGED ABOUT 52 YEARS. 34 . BHARANI TRADERS, NO.195. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR, SRI.S.S. THOTAIAH. AGED ABOUT 57 YEARS. 35 . ASHWINI TRADERS, NO.181. B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.S.D. JAGADISH. S/O. DASAPPA. AGED ABOUT 53 YEARS. 41 36 . MUNESH AND COMPANY. NO.128. B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU - 562 162. REP. BY ITS PARTNER SRI.SUBRAMANYA.B. S/O. B.SESHAIAH. AGED ABOUT 58 YEARS. 37 . DHARMASTHALA TRADERS. NO.131. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PARTNER SRI.K.PRASAD. S/O. LATE KEMPAIAH. AGED ABOUT 47 YEARS, 38 . GURU KRUPA TRADERS. NO.95. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.T.SHIVAKUMAR, S/O. G.K.THAMANNA. AGED ABOUT 59 YEARS. 39 . SUDHA TRADERS, NO.154, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.B.R. SRINIVAS, S/O, B.RUDRAPPA. AGED ABOUT 55 YEARS. 40 . SRI BYRAVANATH TRADING COMPANY, NO.93. B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER SRI.P.SHEKAR. S/O. PADAVAT REDDY. AGED ABOUT 59 YEARS, 42 41. BHUVANESWARI TRADERS, NO.173, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU - 562 162. REP. BY ITS PROPRIETOR SRI.K. PALANI, S/O. KANNAPPA REDDY. AGED ABOUT 54 YEARS, 42 . SRI ADITYA ENTERPRISES, NO.203, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SRI.G.MANIKANTA AGED ABOUT 57 YEARS. 43 . SRI SHIVAGANGA TRADERS, NO.18. A-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SMT.REKHA. S/O. NARENDRA BABU. AGED ABOUT 44 YEARS. 44 . RUDRESWAR TRADERS. NO.129, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR SMT.PRAMILA, W/O. RAVIKUMAR. AGED ABOUT 46 YEARS. 45 . LOKESH TRADING COMPANY, NO.10 B BLOCK APMC SUB MARKET, DASANAPURA, BENGALURU 502 162 REP. BY ITS PROPRIETOR SMT.S.M. SHYLAJA, S/O. LOKESH, AGED ABOUT 46 YEARS. 46 . KOTWAL TRADERS, NO.205, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU 562 162 REP, BY ITS PROPRIETOR SRI.S. SARAVANA. S/O. SELVAM, 43 AGED ABOUT 36 YEARS, 47 . M/S. BIJAPUR TRADING COMPANY, ONION AND POTATO MERCHANTS AND COMMISSION AGENTS. NO.126, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU 562 162. REP. BY ITS PARTNER SRI. CHENNA KESHAVA, S/O. TUPPE GOWDA, AGED ABOUT 50 YEARS. 48 . SOMANATH TRADING COMPANY, NO.179. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU 562 162. REP, BY ITS PROPRIETOR, SRI. DANAPPA GOWDA. AGED ABOUT 52 YEARS. 49 . BYRAVESHWARA TRADING COMPANY, NO.177, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA, BENGALURU 562 162. REP. BY ITS PROPRIETOR. SRI. K.M. PARAMASHIVAIAH. S/O. MALAPPA. AGED ABOUT 45 YEARS, 50 . SRI MANJUNATHA TRADING CO. NO.170. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER SRI. P.SHIVA PRASAD BABU, S/O. P.PRAKASHAM, AGED ABOUT 38 YEARS. 51 . SRI PUTTARAJU GAVAIE TRADERS, ONION, POTATO MERCHANTS AND COMMISSION AGENT. NO.204. B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER SRI.S. LINGARAJU. S/O. LATE SHIVANNA. AGED ABOUT 70 YEARS. 44 52 . ADISHWAR TRADING COMPANY, NO,182, B-BLOCK. A.P.M.C. SUB MARKET. DASANAPURA, BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI.MUNIRAJU. S/O. BYREGOWDA. AGED ABOUT 48 YEARS. 53 . M/S.IMRAN SHARIEFF AND COMPANY, NO.152, B-BLOCK. A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI. IMRAN SHARIEFF. S/O. G.S.ANWAR SHARIEFF. AGED ABOUT 40 YEARS. 54 . JAI HANUMAN TRADERS. NO.122, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PROPRIETOR. SRI.S.PRAVEEN KUMAR. S/O. R.SIDDAPPA. AGED ABOUT 45 YEARS. 55 . AASHIRWAD TRADING COMPANY, NO.161, B-BLOCK, A.P.M.C. SUB MARKET. DASANAPURA. BENGALURU-562 162. REP. BY ITS PARTNER SRI. SYED PASHA JOHN. S/O. LATE SYED GUDAAN, AGED ABOUT 64 YEARS, 56 . BYLANJANEYA TRADERS, NO.183, B-BLOCK, A.P.M.C. SUB MARKET, DASANAPURA. BENGALURU - 562 162. REP. BY ITS PARTNER SRI.S.H.CHANDRASHEKAR REDDY. S/O. LATE HANUMA REDDY. AGED ABOUT 61 YEARS 45 ...PETITIONERS (By Sri. B R SATENAHALLI, ADVOCATE) AND 1 . THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COOPERATION. VIKASA SOUDHA. DR.B.R.AMBEDKAR VEEDHI. BENGALURU - 560 001. 2 . THE DIRECTOR OF AGRICULTURAL MARKETING, NO.16, II, RAJ BHAVAN ROAD, BENGALURU - 560 001. 3 . THE SECRETARY, APMC YARD. YESHWANANTPUR INDUSTRIAL SUBURB, YESWANTHPUR. BENGALURU - 560 022. …RESPONDENTS (By SMT. PRATHIMA HONNAPURA, AAG A/W MS. RASHMI RAO, HCGP FOR R1 & R2; SRI. JAYAKUMAR S PTAIL, SENIOR ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE FOR C/R3 ) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES DATED 20.12.2024 BEARING NO.KRU.U.MA.SA(BIR)/ MALIGE/ VIBHAGYA.3395-3396/ 2024-25, 3499/2024-25, 3393/2024-25, 3419/2024-25, 3433/2024-25, 3532/2024-25, 3497/2024-25, 3403-3404/2024-25, 3313/2024-25, 3414/2024-25, 3429/2024-25, 3379/2024-25, 3555/2024-25, 3452/2024-25 3411/2024-25, 3387/2024-25, 3544/2024-25, 3390/2024-25, 3511/2024-25, 3522/2024-25, 3443/2024-25, 3515/2024-25, 3479/2024-25, 3478/2024-25, 3510/2024-25, 3494/2024-25, 46 3521/2024-25, 3416/2024-25, 3392/2024-25, 3489/2024-25, 3556/2024-25, 3546/2024-25, 3535/2024-25, 3501/2024-25, 3503/2024-25, 3476/2024-25, 3513/2024-25, 3384/2024-25, 3530/2024-25, 3553/2024-25, 3334/2024-25, 3468/2024-25, 3502/2024-25, 3487/2024-25, 3310/2024-25, 3556/2024-25, 3476/2024-25, 3400/2024-25, 3525/2024-25, 3527/2024-25, 3554/2024-25, 3536/2024-25, 3418/2024-25, 3496/2024-25, 3518/2024-25, AND 3537/2024-25 PRODUCED AT ANNX-B1 TO B-56 RESPECTIVELY; DIRECT THE R-2 TO 3 TO HOLD AN ELECTION OF THE COMMITTEE AFTER DECLARATION OF SUCH NOTIFICATION. IN W.P.No. 692/2025 BETWEEN 1 . K. R. KRISHNA AND COMPANY POTATO, ONION COMMISSION MERCHANTS, REPRESENTED BY ITS PROPRIETOR NISHITA K, NO. 162 'B' BLOCK, APMC YARD, DASANAPURA, - 562162 REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). 2 . AJJAYYA TRADING COMPANY ONION, POTATO, GARLIC MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR SRI. K. S.NARASIMHAMURTHY NO.52, A-BLOCK, APMC SUB-MARKET, DASANAPURA, -562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). 3 . VNS TRADERS ONION, POTATO, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR 47 SRI. DHANDAPANI NO. 155, B-BLOCK, APMC SUB-MARKET, DASANAPURA, BANGALORE - 562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). 4 . H. RUDRAIAH PATATO, ONION, GINGER MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR H. RUDRAIAH NO. 142, B-BLOCK, APMC YARD SUB-MARKET DASANAPURA, BANGALORE-562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). 5 . H.S.B.TRADERS POTATO, ONION, GINGER AND GARLIC MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR LIAYAKATH NO.91, B-BLOCK, APMC YARD SUB-MARKET DASANAPURA, BANGALORE-562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932) 6 . INDIA TRADING COMPANY POTATO, ONION, GINGER AND GARLIC MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR SHAFFI AHAMAD KHAN NO. 107, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE-562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). 7 . SHIVASHANKAR TRADERS POTATO, ONION, GINGER AND GARLIC MERCHANTS AND COMMISSION AGENTS, 48 REPRESENTED BY ITS PROPRIETOR K.J.SHANKARA SHOP AT, APMC YARD SUB-MARKET, DASANAPURA BANGALORE - 562 162. 8 . SRI.JYOTHIRLINGA TRADERS POTATO, ONION, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR A.S.PRAKASH NO.211, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE - 562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932) 9 . H.R.TRADERS POTATO, ONION, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR H.PRASANNAKUMAR NO.98, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE - 562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932) 10 . CHANDRU TRADERS POTATO, ONION, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR V.CHANDRAPPA NO. 139, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE - 562162. (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932) 11 . BABU TRADERS POTATO, ONION, MERCHANTS AND 49 COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR S. DHANAPAL NO. 180, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE-562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). 12 . KAVITHA AND COMPANY POTATO, ONION, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR V.BYREGOWDA NO.92, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE - 562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932) 13 . JAI SAI RAM TRADERS POTATO, ONION, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR K.SUDHAKAR NO. 130, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE - 562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). 14 . BHASAKAR TRADING COMPANY POTATO, ONION, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR B.N.SRINIVAS NO. 121, B-BLOCK, APMC YARD SUB-MARKET, DASANAPURA, BANGALORE - 562162 (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932) 15 . SRI.RAGHAVENDRA TRADING COMPANY POTATO, ONION, GARLIC MERCHANTS COMMISSION AGENTS REPRESENTED BY GURRAPPA NO.73, A-BLOCK, ITS PROPRIETOR APMC YARD SUB-MARKET, DASANAPURA, 210 BANGALORE - 562 162. (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932) 50 16 . M/S.SHIVANAGA TRADERS POTATO. ONION, MERCHANTS AND COMMISSION AGENTS, REPRESENTED BY ITS PROPRIETOR RAVIKUMAR.H NO.212, B-BLOCK, APMC YARD SUB-MARKET DASANAPURA 562162 BANGALORE - 562 162. (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932). ...PETITIONERS (By SRI. NARAYANA SWAMY V K, ADVOCATE) AND : 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, M.S.BUILDING, BENGALURU - 560001. 2 . THE DIRECTOR OF AGRICULTURAL MARKETING RAJ BHAVAN ROAD, BENGALURU - 560001. 3 . THE AGRICULTURAL PRODUCE MARKET COMMITTEE, BY ITS SECRETARY, YESHWANTHAPUR MARKET YARD, BENGALURU - 560022. …RESPONDENTS (By Smt. PRATHIMA HONNAPURA, AAG A/W MS. RASHMI RAO, HCGP FOR R1 & R2; SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE FOR C/R3 ) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT QUASHING THE BELOW THE SAID IMPUGNED NOTICES ISSUED BY R-3 BEARIGNG NO. 51 1. KRULUMASA/BEN/MALIGEVIBHAGA/3519/2024-25 DATED 20.12.2024 AS ANNX-C; 2. KRULUMASA/BEN/MALIGEVIBHAGA/3375- 3376/2024-25 DATED 20.12.2024 AS ANNX-C1 3. KRULUMASA/BEN/MALIGEVIBHAGA/3514/2024-25 DATED 20.12.2024 AS ANNX-C2 AND ETC; DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS NO. 1 TO 16 DATED 01.01.2025, 30.12.2024 AND 31.12.2024 AT ANNX-D, D1 TO D15 IN ACCORDANCE WITH LAW. IN W.P.No. 1536/2025 BETWEEN 1 . SMP TRADERS SHOP NO.2, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR B.SHANKAR, S/O BALAKRISHNAN AGED ABOUT 57 YEARS. 2 . SHANKER ENTERPRISES, SHOP NO.188, B BLOCK, DASANAPURA, APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER, K.K.NINGE GOWDA, S/O KARI GOWDA, AGED ABOUT 48 YEARS 3. CHANNIGARAA SWAMY TRADERS, SHOP NO. 124, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.C. RAJANNA, S/O CHIKKA CHENNAPPA, AGED ABOUT 57 YEARS. 4. GEETHA ENTERPRISES, SHOP NO.144, B BLOCK, DASANAPURA 52 APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS SMT.GETHA A.N., W/O OBALAIAH, AGED ABOUT 43 YEARS. 5 . USHA ANAND AND CO, SHOP NO. 127, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.S.ANAND, S/O M.K.SWAMY, AGED ABOUT 48 YEARS. 6. VANI TRADING CO., SHOP NO.206, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562162 A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SRI.G. ELUMALAI, S/O SALAI GOPAL AGED ABOUT 49 YEARS 7 . MALAGANGA TRADERS SHOP NO. 116, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU 562 162, A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER SRI.V.C. NATARAJ. S/O V M.CHINNAPPA REDDY. AGED ABUT 42 YEARS 8. CHOWDAPPA KUMAR SHASHI, SHOP NO.138, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. SHASHI KUMAR, S/O CHOWDAPPA, AGED ABOUT 34 YEARS 9 . KATTA COMMERCIALS, SHOP NO. 147, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU 562 162, 53 A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, SRI.K T. GOVIDA RAJA SHETTY, S/O K. THIMMAIAH SHETTY, AGED ABOUT 56 YEARS 10 . SRI SARAVANA TRADING CO., SHOP NO. 21, A BLOCK, DASANAPURAAPMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR G. MUNISWAMY, S/O GOVINDASWAMY, AGED ABOUT 47 YEARS. 11 . NEELAKANTESHWARA TRADING CO.. SHOP NO.86, 8 BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.M.S.KRSHNA MURTHY, S/O SUBBARAYA SHASTRI, AGED ABOUT 54 YEARS. 12 . VIRUPAKSHA TRADERS, SHOP NO. 159, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162 , BY ITS PROPRIETRIX SMT BHANU W/O J SATHISH AGED ABOUT 40 YEAR. 13 . JAI BHAVANI TRADING CO., SHOP NO.63, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, RAJ B SONA S/O BHAVIN H SONA, AGED ABOUT 21 YEARS 14 . ARASU AND CO., SHOP NO. 199, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, A PARTNERSHIP FIRM, REPRESENTED BY ITS 54 PARTNER K.ARMUGHAN, S/O KRISHNA REDDY, AGED ABOUT 55 YEARS. 15 . SACHIN TRADERS, SHOP NO.94, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. G. VENKATESH, S/O GANESH M AGED ABOUT 53 YEARS 16 . SHREE TULAJABHAVANI TRADING CO., SHOP NO. 153, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, SRI. S. VENKATESH RAO, AGED ABOUT 43 YEARS. 17 . SREE DEVI AND CO., SHOP NO. 110, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI.S. SRINIVASAN, S/O SUBBARAYAREDDY, AGE MAJOR 18 . SUBHA ENTERPRISES SHOP NO.30, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETRIX SMT. GEETHA GOWDA S/O GANGADHAR, AGE MAJOR. 19 . SRI. BYRAVESHWARA TRADERS, SHOP NO. 171, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR 55 SRI. R. ANJANEYA REDDY, S/O R. VENKATASUBBA REDDY, 20 . K.I.S. TRADERS, SHOP NO.57, A BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI. AHMED S, S/O K.I.SATTAR, AGE MAJOR. 21 . GALAXY AGENCIES, SHOP NO. 148, B BLOCK, DASANAPURA APMC SUB MARKET YARD, DASANAPURA, BENGALURU-562 162, BY ITS PROPRIETOR SRI MOHD SOHAIL, S/O MUSTAQ AHAMED, AGE MAJOR. ALL FIRMS ARE UN REGISTERED FIRMS AND UNREGISTERED PARTNERS. ...PETITIONERS (By Sri. R. S.RAVI, SENIOR ADVOCATE FOR MS. SHILPA RANI, ADVOCATE) AND: 1 . THE STATE OF KARNATKAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, M.S.BUILDING, BENGALURU-560 001. 2 . THE DIRECTOR OF AGRICULTURAL MARKETING, RAJ BHAVAN ROAD, BENGALURU-560 001 3 . THE AGRICULTURAL PRODUCE MARKET COMMITTEE BY ITS SECRETARY YESHWANTHPUR MARKET YARD, YESHWANTHPUR, BENGALURU-560 022. RESPONDENTS 56 (By SMT. PRATHIMA HONNAPURA, AAG A/W MS. RASHMI RAO, HCGP FOR R1 & R2; SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE FOR C/R3 ) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIN OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE AT ANNX-C, C1 TO C20 BARING NOS. KRUUUMASA/BEN/MALIGEVIBHAGHA/ 3441/2024-25 DATED 20.12.2024 ANNX-C; KRUUUMASA/BEN/ MALIGEVIBHAGHA/3542/2024-25 DATED 20.12.2024 ANNX-C1. BARING NO. KRUUUMASA/BEN/ MALIGEVIBHAGHA/3498/2024-25 DATED 20.12.2024 ANNX-C2. KRUUUMASA/BEN/ MALIGEVIBHAGHA/ 3507/2024-25 DATED 20.12.2024 ANNX-C3; KRUUUMASA/ BEN/ MALIGEVIBHAGHA/3500/2024-25 DATED. 20.12.2024 ANNX-C4 AND ETC DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE P-1 TO 4 AS PER ANNX-D1 TO D3 DATED 30.12.2024, P-5 AND 6 DATED 31.12.2024 AS PER ANNX-D4 AND D5 P-7 DATED. 01.01.2025 AS PER ANNX-D6, AND P-8 TO 11 DATED 02.01.2025 AS PER ANNX-D7 TO D10, P-12 TO 14, DATED. 03.01.2025, AS PER ANNX-D11 TO D13 AND P- 15 DATED 04.01.2025 AS PER ANNX-D14, P-16 AND 17 DATED 30.12.2024 AS PER ANNX-D15 AND D16, P-18 AND 19 DATED. 01.01.2025 AS PER ANNX-D17 AND D18, PETITIONER NO. 20 DATED. 07.01.2025 AS PER ANNX-D19, P-20 DATED. 07.01.2025 AS PER ANNX-D19, AND P-21 DATED. 09.01.2025 AS PER ANNX-D20. THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: 57 CAV ORDER These writ petitions are by the Market Functionaries from Yeshwanthpur Market and Dasanapura Sub-market Yard. These petitioners are aggrieved by the State Government’s decision to withdraw the regulation of marketing of Onion, Garlic, Ginger and Potato from the Yeshwanthpur Market Yard and limit it to Dasanapura Sub-market Yard with relaxation of the restriction under Rule 7[2] of the Karnataka Agricultural Produce Marketing [Regulation of Allotment of Property in Market Yards] Rules, 2004, [for short, 'the APMC Allotment Rules'] on a Market Functionary owning more than one shop/site/Godown in the Market and the consequential notifications issued by the Agricultural Produce Marketing Committee [for short, 'APMC'], Yeshwanthpur. These petitioners have also sought directions to the State Government to hold elections to the Market Committee contending that it has been over five years since the end of the tenure of the earlier Market Committee. 58 2. The present set of writ petitions are after multiple earlier proceedings emanating from the State Government’s decision to confine the transaction in Onion, Garlic, Potato and Ginger to Dasanapura Sub- market Yard. Therefore, this Court must refer to the notifications issued and the details of the earlier proceedings before adverting to the rival contentions and the questions that will have to be decided. The details of the Notifications/ Orders under the APMC Act1 and the subsequent judicial proceedings. 3. The State Government, in exercise of its powers under the APMC Act, has declared an extent measuring 38 acres 9 guntas in Yeshwanthpura - Tumakuru Road, Bengaluru as ‘the Yeshwanthpura Market', and thereafter, the State Government has issued several Notifications for regulating the trading 1 The Karnataka Agricultural Produce Marketing [Regulation and Development] Act, 1966, and this Act for short is referred to as 'the APMC Act']. 59 of several agricultural produce, including Onion, Garlic, Potato and Ginger, within this Market. 3.1 The State Government has issued the Notification declaring an area measuring 67.25 acres in Vaderahalli Village as Dasanapura Sub- market for regulating transaction in Potato and Garlic, and later, the State Government has issued other Notifications for regulating transaction in Potato, Garlic, Onion and Ginger and other agricultural produce both in Yeshwanthpur Market Yard and Dasanapura Sub-market Yard. Subsequently, the APMC has issued Notifications inviting applications for allotment of shops on a leave and license basis in the Dasanapura Sub- market Yard. 3.2 The Notifications declaring the Dasanapura Sub-market Yard is called in question in the writ petitions in WP Nos.35251–35379/2013, and the Notification inviting applications for allotment of shops on Leave and License in the 60 Dasanapura Sub-market Yard is called in question in the writ petitions in WP Nos. 7389-7658/2013. This Court has disposed of the writ petitions in WP Nos. 7389-7658/2013 on 27.02.2013 opining that there is no reason for interference with the Notification issued inviting applications for allotment of shops on a Leave and License contract in the Dasanapura Sub-market Yard. 3.3 However, this Court, considering the grievance that the market functionaries in the Dasanapura Sub-market Yard would be put to hardship because the amenities are not yet developed and that no decision is taken on the pending representations, has directed the APMC to call a meeting of the Office Bearers of the Association of the Market functionaries to discuss their problems and to address the same while observing that the APMC cannot compel such petitioners to shift their business from the 61 Yeshwanthpur Market Yard to the Dasanapura Sub- market Yard. 3.4 This Court, by this order dated 27.02.2013, has also granted further time to the Market Functionaries to apply for allotment of Godowns/Shops in the Dasanapura Sub-market Yard. On 16.09.2013, this Court has disposed of the other writ petitions in WP Nos. 35251-35379/2013 [which is filed calling in question the declaration of Dasanapura Sub-market Yard] in view of the decision in the writ petitions in W.P. Nos.7389- 7658/2013. 3.5 The APMC, in the year 2017 [vide the Notification dated 16.08.2017], has directed the Market Functionaries who had been allotted shops at Dasanapura Sub-market yard to trade only in Onion and Garlic in this Sub-market yard while also stipulating that they must ensure that these produces are taken only to this Market. This Notification dated 16.08.2017 is called in question 62 in the writ petitions in WP Nos. 25290 of 2018 and connected matters. This Court has disposed of these petitions on 15.09.2018, but on 03.07.2018 had granted interim order in the initial days observing that the direction by the APMC was just and proper and allowing some time to such functionaries to shift their trading from Yeshwanthpur Market to Dasanapura Sub-market yard. 3.6 In other writ petitions in WP Nos. 25042/2018 and connected petitions, which are also filed impugning the Notification dated 16.08.2017 and disposed of on 05.02.2019, this Court has observed that the Director, APMC must consider the difficulties that the Traders/Market Functionaries may have in conducting transactions at two Markets and whether Potato, Garlic and Onion could eventually be confined to one Market. 3.7 The State Government, in the light of these different proceedings and the Court's observation as aforesaid, has issued Order dated 63 17.01.2023 granting [i] permission for the shifting of regulated marketing of Onion, Potato, Garlic and Ginger completely from the Yeshwanthpura Market Yard to the Dasanapura Sub-market Yard, and [ii] prior permission to the APMC, relaxing the restriction under Rule 7[2] of the APMC Allotment Rules, to allot shops in Dasanapura Sub-market Yard to every Market Functionary who possess a shop at Yeshwanthpura Market and who transact in these produces. 3.8 The Director, APMC has consequently published the Notification dated 18.01.2023 inviting objections to the proposal to declare Dasanapura Sub-market yard as the regulated market area for Onion, Potato, Garlic and Ginger. The Director, APMC, upon consideration of the objections received, has issued the Notification dated 24.02.2023 under Section 6[3] of the APMC Act notifying Block A, B, C and D in Dasanapura Sub-market yard to be the Market Area for 64 Regulated Marketing of Onion, Potato, Garlic and Ginger. 3.9 In the meantime, the Government Order dated 17.01.2023 is called in question in the writ petitions in WP Nos. 5455/2023 and 5452/2023. The Market Functionaries, who have impugned this Government Order dated 17.01.2023, have also sought for certain relief/s in these petitions. This Court, by the Order dated 23.11.2024, has dismissed the petitions in WP No. 5455/2023 and 5452/2023 opining that there is no merit in the contentions raised as against the challenge to the order dated 17.01.2023 but issuing certain directions. This Court’s directions are about accommodating the market functionaries from Yeshwanthpur Market in Dasanapura Sub- market. 3.10 This Court's directions are in the light of the Memo placed on record by the APMC with certain details, and these details are: 65 "[a] There are 219 Market Functionaries in Yeshwanthpura Market who transact in Onion, Garlic, Ginger and Potato and possess premises, and they will be relocated with allotment of premises in Dasanapura Sub- market yard Yard. There are 265 shops of different dimensions. [b] The 64 of these Market Functionaries [who transact in the subject 4 produces] possess premises measuring over 1,000 square feet. There are 132 shops measuring between 1,000 square feet and 1,500 square feet in the Dasanapura Sub-market yard Yard. These 64 of these Market Functionaries can be allotted from out of these 132 shops. [c] The 44 of the Market Functionaries in Yeshwanthpura Market [who transaction in the subject 4 produces] possess premises measuring between 1500 Sq Ft and 2,000 square feet. However, the Dasanapura Sub-market yard Yard 66 does not have shops of these measurements. These 44 Market Functionaries can be allotted shops out of the remaining 132 shops measuring between 1000 and 1500 square feet. [d] The 21 of these Market Functionaries possess premises measuring over 2,000 square feet. There are 23 shops Dasanapura Sub-market Yard measuring over 2000 square feet. The 21 of the Market Functionaries can be allotted from out of these 23 shops. [e] If 129 Market Functionaries from Yeshwanthpura Market could be thus accommodated in Dasanapura Sub-market yard, the remaining 90 Market Functionaries could also be accommodated in the Sub-market yard because 43 of the Market Functionaries transacting from this Sub-market yard in other produce will be moved to Yeshwanthpura Market and 55 Market functionaries in Dasanapura Sub-market yard will 67 have to yield possession because their leave and license contracts have expired." The APMC has also placed on record that it has a certain extent of Open Auction Platform [measuring 1,56,510 sq. mts.] and that the Market Functionaries/Traders in Onion, Garlic, Ginger and Potato could also be accommodated in this open platform. 3.11 This Court, in the light of the Memo filed in terms above, has directed the APMC to ensure that “the existing Market Functionaries who are required to shift to the Dasanapura Sub-market Yard are accommodated in the 420 shops indicted in the memo in the manner stated above, and that “the APMC shall ensure that the market functionaries are allotted shops in the Dasanapura Sub-market yard commensurate or in proportion to the extent of space that they already possess in Yeshwanthpur yard”. 68 The details of the present writ petitions in WP No.4124/2023 and WP No.4132/2023 4. These Petitions are by eight [8] market functionaries [the Traders] from Yeshwanthpura Market, and they have called in question the State Government’s Order dated 17.01.2023 and the consequential Notification dated 18.01.2023 inviting objections to the proposal in terms of the Government Order. The petitioners have also sought for directions to conduct elections to the Market Committee and thereafter constitute a Special Market Committee as per the APMC Act. The details of the present writ petition in WP No.5007/2023 4.1 This Petition is by twenty-six [26] market functionaries [the Traders] from the Yeshwanthpura Market calling in question the Notification dated 17.01.2023 and the Notifications 69 dated 18.01.2023 and 24.02.2023 and for direction2 to conduct elections to the Yeshwanthpura Market Committee and thereafter to constitute a New Committee under Section 11 of the APMC Act. The details of the present writ petition in WP No. 173/2025 4.2 This writ petition is filed by thirty- six [36] market functionaries [the Traders] from Dasanapura Sub-market yard calling in question the different but similar Notices dated 20.12.2024 issued by the Secretary A.P.M.C. The Secretary has issued these Notices dated 20.12.2024 [Annexures - A1 to A41] informing the petitioners that they must handover the vacant possession of the respective shops to the APMC because [a] they have not used the premises for the purposes for which it is allotted to them and [b] the maximum 55 months period of leave and license has expired. 2 The petitioners have also sought for declaration that the APMC Act would not apply to the Bangalore Metropolitan area 70 The details of the present writ petition in WP No. 540/2025 4.3 These fifty-six [56] petitioners are also Market Functionaries from Dasanapura Sub- market yard and they have been issued with Notices dated 20.12.2024 [Annexures B1-B56] to vacate and handover possession of the premises in their possession because [a] they have not used the premises for the purposes for which it is allotted to them and [b] the maximum 55 months period of leave and license has expired. The details of the present writ petition in WP No. 3011/2025 4.4 These are the petitioners in WP No. 540/20253. If these petitioners have filed the petition in WP No. 540/2025 impugning the Show cause Notices dated 20.12.2024, but with the Secretary APMC Yeshwanthpur issuing the Endorsements dated 24.01.2025 rejecting their response/request 3 The two of the petitioners in WP 540/2025 have not joined these petitioners, and ostensibly because they have not caused any reply and therefore the Secretary, APMC has not issued them with the Endorsement. 71 upon considering their replies to such show-cause notices, these petitioners have called in question such Endorsements. The petitioners had filed their response/reply requesting for change of their Leave and License contracts to lease -cum-sale contracts. The details of the present writ petition in WP No. 692/2025 4.5 This petition is by sixteen [16] market functionaries from the Dasanapura Sub- market, and these petitioners have also been issued with Show Cause Notices dated 20.12.2024 calling upon them to vacate and handover the vacant possession of the premises stating that [a] they have not transacted in the produce for which leave and license is granted, [b] they have not used the premises continuously, [c] the maximum period of 55 months of leave and license has expired and [d] they are in arrears of leave and license fee. The petitioners, who have been issued separate notices, are also informed about the specific license fee, which according to the APMC, they have let in arrears. 72 The details of the present writ petition in WP No. 1536/2025: 4.6 These 21 Market Functionaries are from the Dasanapura Sub-market yard, and they have been issued with Show Cause notices dated 20.12.2024 [Annexures C–C20] alleging that [a] they have not transacted in the produce for which leave and license is granted, [b] they have not used the premises continuously, [c] the maximum period of 55 months of leave and license has expired and [d] they are in arrears of leave and license fee. The petitioners are informed about the license fee, which according to the APMC, they have let in arrears. The reason for the show-cause notices and the endorsements impugned in the aforesaid petition: 5. The petitioners have been allotted the respective shops on Leave and Licence contracts based on the applications filed by them in response to a notification, the seniority inter-se amongst the applicants and the different parameters that are 73 contemplated under the Rule 13 of the APMC Rules. After this Court’s order dated 23.11.2024 in WP Nos. 5455/2023 and 5452/2023 supra, the Secretary, APMC, Yeshwanthpura has issued notice [in December 2024] to the petitioners, who are allotted shops in the Dasanapura Sub-market yard, to vacate and handover the possession of such premises. 5.1 The Secretary, APMC, Yeshwanthpur, has issued notices to these petitioners stating inter alia that they have not used the premises for the purpose for which it is allotted, they have not used the premises continuously, the leave and license period has expired, and they are in arrears of license fee. If some petitioners have challenged the very jurisdiction and cause for issuing the show cause notice, the petitioners in WP No. 540/2025 have filed representation/s apart from calling in question such notices on the same grounds. 74 5.2 These petitioners4 have challenged the show-cause notices contending that the notices are not as envisaged under the leave and license contracts and that these notices are issued by a person who has no jurisdiction. They have also stated that, after receipt of the notices, they have submitted their representations between 30.12.2024 and 09.01.2025 and the Secretary, APMC, Yeshwanthpur has not considered these representations. The petitioners’ representations are for conversion of the leave and licence contracts to lease-cum-sale contracts or for the extension of the leave and license. 5.3 The petitioners have challenged the jurisdiction to issue show cause notices on the following grounds. [i] An Administrator can only take day-to-day decisions and the decision to vacate them is without jurisdiction. 4 The petitioners contest the allegation that they have let any Leave And License in arrears. 75 [ii] An Administrator can be in office only for one year, and an extended period of another six months as contemplated under section 130 of the APMC Act, but the elections to the Marketing Committee is not held for over five years and an Administrator is in charge of the affairs. [iii] This Court in WP Nos. 5455/2023 and 5452/2023 supra has not directed eviction and there cannot be a direction against them in their absence [they are not party to the proceedings in WP Nos. 5455/2023 and 5452/2023 supra. [iv] The leave and license contracts have been renewed because they have continued their businesses. 5.4 This Court on 09.01.2025 in WP No. 173/20255 has granted the interim order directing the APMC not to take any action to evict the petitioners from the respective premises but observing that this order shall not impede the APMC 5 This Court has granted similar orders in the other writ petitions as well. 76 passing orders on the petitioners’ pending representation. This Court has also observed that Rule 12 of the APMC Allotment Rules enables a licensee to request for conversion of Leave and License Contracts to Lease-cum-Sale Contracts. 5.5 The APMC, in its meeting on 23.01.2025, has decided to refuse the petitioners’ request for change of the Leave and License Contract observing that: [a] Rule12 [2] of the APMC Allotment Rules does not provide for compulsory change from Leave And License Contract to Lease–Cum-Sale Contract. [b] the decision to permit a change from a leave and license contract to a lease-cum-sale contract will only be in the APMC’s discretion [c] this Court in WP No. 5452/2023 and 5455/2023 has directed: • the shifting of the transaction in Onion, Garlic, Ginger and Potato to the Dasanapura Sub-market yard, and • to accommodate the Market Functionaries in Yeshwanthpur Sub- 77 market yard transacting in these agricultural produces in the Dasanapura Sub-market yard Yard. 5.6 The APMC, consistent with the opinion that the Rule 12[2] of the APMC Allotment Rules does not mandate a change from Leave and License Contract to Lease–cum-Sale Contract and such change can be only in its discretion and that the petitioners must vacate because the regulation of the marketing of Onion, Garlic, Ginger and Potato must be in the Dasanapura Sub-market yard, has issued the impugned Endorsements informing that the request for change to Lease–cum-Sale Contract is rejected. The details of the Affidavits 06.03.2025 and the Additional Affidavit filed by the APMC6. 6. The Secretary, APMC, Yeshwanthpur has filed this affidavit stating that there are 157 shops 6. The APMC has file its Statement of Objections, but it has also filed these Affidavit/ Additional affidavit for a sympathetic consideration of the petitioners’ request to be accommodated in Dasanapura Sub-market yard. 78 with different dimensions [either measuring around 600 sq. ft or below the same] and the following about nine petitioners who deal in Rice and Pulses. [a] The four petitioners in WP. No.173/2025 [the petitioner No.24, 28, 32 and 35], the three petitioners in No.540/2025 [the petitioner Nos. 16,11, and 43] and two petitioners in No.1536/2025 [the petitioner Nos.13 and 18] will not be entitled to be accommodated in Dasanapura Sub-market yard because they are traders in rice and pulses and with this court’s order in W.P. No.542/2023 and 5455/2023 these will have to move to Yeshwanthpur Market yard. [b] These nine petitioners, who will not be entitled to continue in Dasanapura Sub- market yard, will be allotted shops in the Yeshwanthpur Market so long as they get No objection Certificate from the Secretary, APMC Dasanapura Sub- market. The Secretary has further stated that other petitioners will be allotted shops identified by 79 temporary numbers and carved out of Closed Auction Platforms on a monthly rental of Rs.5,000/- per month though the Assistant Executive Engineer has evaluated the monthly rent based on the measurement of the premises. 6.1 This Court, upon a preliminary opinion that the allotment of temporary premises as identified in the Closed Auction Platform could not serve the purpose unless there is demarcation with proper construction, has called upon the APMC to re- examine and take a stand. The Secretary has filed an additional affidavit stating thus. "[a] The Eviction notices are issued to 195 market functionaries, and 44 out of these 195 functionaries trade in rice and pulses, but only nine of these 44 market functionaries have joined the other petitioners. All these 44 functionaries will be accommodated in Yeshwanthpur Market yard. [b] The remaining 151 market functionaries comprise of: 80 • 35 allottees of corner shops under Rule 9 of the APMC Allotment Rules, and • 116 functionaries who are allotted shops on leave and licence under Rule 13 of the APMC Allotment Rules. [c] The APMC has resolved to make available to all the 151 market functionaries, on temporary allotment, temporary shops in the Closed Auction platform or the existing shops in the Sub-market yard and these functionaries can continue in premises until the completion of fresh allotment in this Sub- market yard. [d] If these functionaries choose temporary shops in the Closed Auction Platform, they will have to Rs.5,000/- per month, and if they choose existing shops, they will have to pay market rent as fixed by the APMC/Assistant Executive Engineer. [e] The 35 market functionaries who have been allotted corner shops under Rule 9 of the allotment rules can continue in such shops until the completion of the fresh allotment process, but they must pay rent as fixed by the APMC/the Assistant Executive Engineer." 81 The Secretary has also stated that these 195 functionaries cannot continue in the possession of the shops currently held by them because the functionaries from the Yeshwanthpur Market Yard will have to be accommodated in compliance with this Court's direction. A Brief Statement of the State Government’s Statement of Objections 7. The State Government has filed its Statement of Objections, contending that the traders in Dasanapura Sub-market Yard are classified into four categories with further subcategories. The 51 traders in this Sub-market Yard have paid leave and license fee with some of them [20] continuously doing business and paying User Fee while others [31] have not continuously done their business for the three years. The next 86 traders have not at all paid the Leave and License fee, but some [14] have done business for three years continuously paying User Fee while others [10] have not at all done any 82 business in the last three years with some others [62] doing business for some part of the three years. 7.1 The State Government has next referred to those traders [12] who are engaged in trading in Rice and Pulses, who are allotted shops in public auction under Rule 13 of the APMC Allotment Rules and Traders [46] have not applied for conversion to Lease-cum-sale arrangement. The State Government has lastly referred to Traders [28] who have been allotted premises in a public auction under Rule 9-B of the APMC Allotment Rules. 7.2 In elaboration of the reasons assigned by the Secretary APMC to reject the applications for conversion, the State Government asserts that the request of those 51 Traders who have paid Leave and License fee and have done business continuously for three years or for some part of three years and have paid User Fee accordingly, is rejected in exercise of the discretion vested under Rule 12[2] of the APMC Allotment Rules. The 86 Traders, who have 83 committed default in paying Leave and License Fee, though some of them have done business continuously for three years with others not even doing any business, the request for conversion is rejected because it is within the APMC’s rights to take action to recover the license fee and also possession for the default committed by them in not paying the leave and license fee. 7.3 The common ground for both the State Government and APMC is that the request of 12 Traders in rice and pulses is rejected because the notification for making Dasanapura Sub-market Yard only for the benefit of those engaged in onion and potato is upheld. It is also common ground that the request for conversion by the Traders who have got the allotment in public auction is rejected because the allotment to them is not under Rule 12 which contemplates conversion, but it is under Rule 13 of the APMC Allotment Rules. 84 7.4 The State Government, apart from questioning the petitioner’s locus to contend that an Administrator has continued in all these years without elections to the Market Committee, has also stated that some petitioners have sought for additional time, but there is no provision under the APMC Allotment Rules to grant additional time and that it is duty bound to hold elections to the Market Committee. The submissions on behalf of the Petitioners. 8. Mr. R S Ravi, the learned senior counsel, Mr. B R Sathenahalli, Mr. Narayana Swamy and Ms. Shilparani, the learned counsels on record for the petitioners, first contend that this Court must not be persuaded by the arrangement of temporary allotment proposed by the Secretary, APMC because it violates the inviolable rule of seniority in the matter of allotments as emphasized by a Coordinate Bench of this Court in Mohammed Shah Nawaz v. State 85 of Karnataka7. The learned senior counsel and the learned counsels argue that even temporary allotments must be based on the rule of seniority as decided under the APMC Allotment Rules. 8.1 The learned senior counsel and the learned counsel argued that this Court must hold that the Secretary, APMC, Yeshwanthpur does not have jurisdiction to issue either the impugned Show cause notices or the Endorsements. Their common canvas in this regard is as follows: 8.1.1 The Secretary, APMC Yeshwanthpur, has caused the impugned Show- cause notices and the Endorsements in exercise of powers under Rule 12[2] of the APMC Allotment Rules. The Rule stipulates that the request for conversion from Leave and License Contract into Lease-cum-Sale Contract must be considered with the prior approval of the Director of Agricultural Marketing [the Director], but as is obvious from the 7 ILR 2019 KAR 2317 86 impugned Show cause notices/Endorsements the prior approval of the Director is not taken, and therefore, the petitioner’s request for conversion from leave and license into lease-cum-sale contract is not duly considered and until there is due consideration, the petitioners cannot be called upon to vacate. 8.1.2 This Court in the writ petitions in W.P. Nos.204908-926/2015 and connected matters which are decided upon 28.08.2019 has opined that the requirement of the prior approval of the Director is not an empty formality and the Director must apply mind to the facts and circumstances of the case vis-à-vis statutory provisions and that the Director cannot take a decision on granting prior approval by making general observations. 8.1.3 The petitioners, who are in possession of the premises in terms of allotment under Leave and License Contract as contemplated under Rule 13 of the APMC Allotment Rules, are thus entitled for due consideration by the competent 87 under the APMC Allotment Rules. If there is any infraction of this requirement, this Court must intervene. As the infraction is established in these cases, this Court must quash both the impugned Show-cause notices and also the Endorsement. 8.2 Mr. B R Sathenahalli also canvasses the following in support of the petitioners' case that the decision to refuse permission for conversion from a Leave and License Contract to Lease-cum-sale contract is without authority, and the submissions are thus. 8.2.1 The authority to decide, with the prior approval of the Director, under Rule 12[2] of the APMC Allotment Rules is vested in the Marketing Committee. The tenure of the Market Committee duly constituted after the elections has expired over five years back, and the State Government has continued the Administration of the Committee by an Administrator. It is settled that the appointment of an Administrator is a temporary measure to attend to 88 day-to-day affairs and that the Governments cannot resort to oblique or circuitous methods to supersede the rights of administration permanently. The reference is to the decision of the Apex Court in Subramanian Swamy v. the State of Tamil Nadu8. 8.2.2 The State Government, acting under Section 130 of the APMC Act, can issue a notification to enable an officer to perform all or any powers and duties of the Market Committee, but it cannot be for a period exceeding one year. Indisputably, the Officer, appointed for the first time over five years back, is continued beyond the stipulated one year subject to change in the Officers based on administrative exigencies. It is settled that if power is conferred under the Statute to be exercised for a certain time, such power cannot be repeatedly exercised to continue the arrangement brought about by such exercise beyond the stipulated period. The reliance is 8 [2014] 5 SCC 75 89 on the decision of the Apex Court in DC Wadhwa v State of Bihar9. 8.3 Mr. R S Ravi, without adopting this argument, contends that on the expiry of the term of the Market Committee, the concerned Tahsildar is empowered under Section 42[2] of the APMC Act to exercise the powers and functions of the Market Committee until the Committee is reconstituted, and his elaboration is thus. 8.4 Upon the expiry of the term of the Market Committee, the State Government has issued notifications empowering the concerned to discharge the functions of the Market Committee, but it is mostly officers other than the jurisdictional Tahsildar10. The concerned so empowered can only take day-to-day decisions and cannot take policy 9 [1987] 1 SCC 378 10 It is brought on record that the recent notifications under section 42[2] of the APMC Act is on 05.07.2024 when the Chief Auditor is empowered and on 24.0.20 25 when the Additional Director [Admin] with the Department of Agriculture Marketing Central Officer is enabled. 90 decisions. The present decision to issue the impugned Show -cause Notices and follow-up the same with the decision to refuse permission for conversion from Leave and License to Lease-cum-Sale contract is not a day-to-day decision and therefore both the impugned Show-cause Notices and the Endorsements are without jurisdiction. The reliance is upon the decision of this Court in WP No. 7197/2020, which is decided on 29.06.2020. The submissions on behalf of the APMC. 9. Sri Jaikumar S. Patil, the learned Senior Counsel leads for Dr. Nanda Kishore and Sri T Swaroop who are on record for the APMC. The learned Senior Counsel refutes the argument that the Director’s prior approval was mandatory and that the Administrator does not have the jurisdiction to issue show cause notices or the endorsements or to start proceedings for the petitioners’ eviction. The learned Senior Counsel’s elaboration and other submissions are as follows. 91 9.1 The petitioners cannot succeed because the decision to refuse conversion from Leave and Licence to Lease-cum-sale contract is without the prior approval of the Director because it is obvious even on a plain reading of Rule 12 of the APMC Allotment Rules that such prior approval is required when the Market Committee is of the view that the permission for conversion as aforementioned must be permitted. If the Marketing Committee itself is of the opinion that the conversion need not be granted in its discretion, then the prior approval of the Director will not be necessary. 9.2 When there is allotment on Leave and License basis, there is no transfer of any interest in the concerned property, but when a licensee is permitted to continue on lease-cum-sale arrangement there is a transfer, and only when there is a transfer of interest, the prior approval of the Director is mandated. If the decision is not to alter the Leave and 92 License arrangement, then it is within the discretion of the Market Committee. 9.3 The jurisdiction in the State Government to appoint an Administrator under Section 130 of the APMC Act is when it becomes imperative because of a decision/order of a court; that the contingency will be when there is a decision by a competent court that the Market Committee is not validly constituted or that it is disabled from functioning or a few number of seats are required to be filled under Section 39[2] of the APMC Act. The petitioners cannot even dispute that the appointment of the Administrator in the present case is not because of the aforesaid circumstances, but because of the COVID-19 restrictions and that during this period even elections to local bodies and cooperative societies were not conducted. 9.4 When the Administrator is appointed In exercise of the powers conferred under Section 42[2] of the APMC Act, unlike with appointment under 93 Section 130, there is no restriction on the powers of the Administrator or on the tenure. The State Government, in exercise of the powers that is available under Section 42 [2] and Section 154A [2] of the APMC Act, has Issued notifications appointing officers not below the rank of Tahsildar to be the administrators of the Market Committee, and when an Administrator is appointed in exercise of this power, there cannot be any restriction on the authority or the tenure and every such authority as is in the Market Committee will be available to the Administrator. 9.5 The decision to regulate the transaction in these four agricultural products from Dasanapura Sub-market Yard is to decongest the traffic in and around the Yeshwanthpur Sub-market Yard and to ease the bane that has prevailed. The APMC's offer to make alternative but temporary allotment is only a concession, and to ensure that the decision to regulate the transaction in Onion, Potato, Garlic and 94 Ginger is from Dasanapura Sub-market Yard is implemented expeditiously as required by this Court's order in WP No. 5455/2023 and 5452/2023. 9.6 The Market Committee/APMC, because it is keen on giving effect to this decision in compliance with the directions of this Court, has offered the temporary arrangement not only the petitioners and the other market functionaries operating from Dasanapura Sub-market Yard but also those market functionaries who trade in these four agricultural produces in the Yeshwanthpur Market Yard The submissions on behalf of the State Government. 10. Smt. Prathima Honnapura, a learned Additional Advocate General, while adopting the arguments by Sri. Jaikumar S. Patel, canvasses that the petitioners who have been given leave and licence to occupy the corresponding premises only have a personal right to use such premises and that they do not have any interest in the property; and 95 that if petitioners do not have any interest in the property, they cannot assert any locus, especially when the decision is taken for the combined reasons of they being in default and the policy decision, as upheld by this Court, to restrict the transaction in Onion, Potato, Garlic and Ginger to the Dasanapura Sub-market Yard. 10.1 Smt. Prathima Honnapura canvasses that the decision to restrict the transaction in Onion, Potato, Garlic and Ginger to the Dasanapura Sub-market Yard is in exercise of the powers conferred under Section 6[3] of the APMC Act and that this decision is not in any way related to holding elections to the Market Committee. This Court has also opined in the Writ Petition No. 25042/2008 [and connected matters] that it would be better if these agricultural products are traded in one yard instead of in two yards [Yeshwanthpur Market Yard and Dasanapura Submarket Yard]. 96 10.2 Smt. Prathima Honnapura invites the Court's attention to the State Government’s specific case that the conduct of election process is an ongoing exercise and will be conducted, and submits that the delay in holding elections, apart from the COVID-19 restrictions, is because of the measures taken to verify whether reservation, as required in terms of the Apex Court's decision in WP No. 857/2015, will apply to the APMC Act and the amendments to the APMC Act in the years 2024. Further, with this Court permitting, the State Government has placed on record the time schedule required for the commencement and conclusion of the elections. 10.3 Smt. Prathima Honnapura submits that the Deputy Commissioner [or the authorized officer] will need a minimum of 147 days to complete the election process once it is begun under Part - II of the Karnataka Agricultural Produce Marketing [Regulation and Development] Rules, 1968. The 97 learned Additional Advocate General also submits that the State Government has constituted a committee to suggest changes for election of representatives to the Market Committee from the Bangalore Metropolitan Area and the amendment that would be necessary because the Bangalore Metropolitan Area is now an urban conglomeration with minimum agricultural activities and the persons elected from this urban conglomeration do not represent the farmers who grow these agricultural products/ produce and that much of the agricultural produce is sourced outside this urban conglomeration. The questions for consideration. 11. Indeed, the petitioners in WP No.4124/2023 and WP No.4132/2023, who are market functionaries from the Yeshwanthpur Market Yard, have indeed called in question the State Government's order dated 17.01.2023 and the consequential notifications published and gazetted by 98 the APMC on 18.01.2023. These petitioners have also sought for directions to the State Government to hold elections to the Market Committee. This Court must observe that it is admitted that with the decision of this Court in WP No. WP No. 5455/2023 and 5452/2023, the petitioners' grievance with the State Government's order and the APMC notifications, have become infructuous and this Court need not examine such grievance. As such, the questions for consideration in view of this turn of events and the subsequent events resulting in the other petitions, and the rival submissions as aforementioned are: [a] Whether this Court must interfere, on the ground of jurisdiction or any other infraction, with the decision to end the leave and license contracts refusing the request for conversion of these contracts to Lease-cum-sale contracts and evict the petitioners. [b] If the court's answer to aforgoing question is in the negative, the terms 99 upon which the petitions must be disposed of because of the temporary arrangement offered to the petitioners by the APMC. [c] Whether the State Government must be directed to conduct elections to the Market Committee within a certain time frame. Reg. Question No. 1: 12. The petitioners challenge the APMC’s decision to take vacant possession of the premises in their possession turning down the request for conversion of the Leave and License contract to Lease-cum-sale contract. The petitioners challenge this decision, notwithstanding the earlier proceedings culminating in favour of the decision to permit transaction in Onion, Potato, Ginger and Garlic only from Dasanapura Sub-market yard, on the ground of lack of jurisdiction and non-compliance with Rule 12 [2] of the APMC Allotment Rules. On the question of jurisdiction, the petitioners pivot their 100 case on the assertion that the Market Committee is not constituted for the APMC, Yeshwanthpur and that its affairs are being administered by an Administrator for over four - five years. 12.1 If some petitioners [the first set] assert that the Administrator is appointed in exercise of the powers under Section 130 of the APMC Act, the other petitioners [the second set] assert that the appointment is in exercise of the powers under Section 42[2] of the APMC Act. The second set of petitioners assert that the Administrator so appointed will only have to be the jurisdictional Tahsildar but other officers are appointed and that even the duly appointed administrator can only take day-to-day decisions and not policy decisions such as whether the licensees who are in possession of the premises in the Dasanapura Sub-market Yard must be permitted to continue in possession of such premises under Lease-cum-sale contract. 101 12.2 The State Government and the APMC does not join any debate with the assertion that the appointment of the Administrator can only be under Section 42[2] of the APMC Act, but contends that because such appointment is under Section 42 [2] read with Section 154-A of the Act, any officer who is in the rank of a Tahsildar can be appointed as an Administrator disputing the assertion that the Administrator so appointed can only attend to day-to- day affairs. 12.3 The controversy in this regard must necessarily be examined on the light of the provisions of Section 42, Section 130 and Section 154-A of the APMC Act and each of these provisions provide for appointment of an Administrator. These provisions read as under: "42. Term of office of Chairman and Vice- Chairman-11 Save as otherwise provided in this Act, the Chairman and Vice-Chairman shall continue in office for a term of 20 months 11 The heading prior to amendment by Act 16 of 1990 read “and the tahsildar to be in charge on expiry of such term”. 102 or for the term of the Market Committee whichever is earlier. (2) Notwithstanding anything contained in this Act, on the expiry of the term of office of the Chairman and Vice-Chairman and of the market committee, the Tahsildar of the Taluk in which the yard is situated shall exercise the powers and perform the functions of the market committee and its Chairman until the market committee is reconstituted and its Chairman is elected: Provided that the Director of Agricultural Marketing may, at any time thereafter appoint any other officer to exercise the powers and perform the functions of the market committee and its Chairman12. 130. Administrator to exercise powers and perform duties of market committees not validly constituted or in the working of which a deadlock is created.- (1) Notwithstanding anything contained in this Act, or the Rules, if at any time it shall appear to the State Government, that on account of a decision or order of a competent court, a market committee has not been validly 12 The proviso is inserted by Act 17 of 1980 103 constituted under this Act, or that it is disabled from functioning or that the number of seats required to be filled by election under sub- section (2) of section 39 is not filled, the Government may by notification, cause all or any powers and duties of the market committee and its Chairman to be exercised and performed by such officer in such manner [for a period not exceeding one year] and subject to such conditions as it may, by notification, direct. (2) All the powers and the duties of the market committee exercised and performed bona fide till the date of the notification referred to in sub- section (1), by the persons who constituted such market committee shall be deemed to have been validly exercised and performed by the said persons; and no acts done by the said persons shall be deemed to be invalid or called in question on the ground merely that they were not members of a validly constituted market committee. 154-A Transitory provisions.- (1) Not withstanding anything contained in this Act or any of the enactments repealed by sub- section (1) of section 154 or any other law,- 104 (a) on the 19th day of July 1969, the term of office of the members of every market committee and of the Chairman and Vice-Chairman thereof continuing to function under clause (c) of the proviso to sub-section (1) of section 154 shall expire, and with effect from the said date, the powers conferred and the duties imposed on the market committee the chairman, Vice-Chairman and any subcommittee or other body constituted by the market committee shall be exercised and performed by the Administrator referred to in the Explanation to this sub-section; (b) within a period of one year from the 19th day of July 1969 the market committees shall be constituted in accordance with the provisions of section 11; (c) the Administrator shall hold office until the date immediately preceding the date of the first meeting of the market committee constituted under section 11. Explanation.- For the purposes of this sub- section, "the Administrator" means,- (i) the Deputy Commissioner, in respect of a market committee of a market area, 105 the market yard of which is situated in the head quarters of the district; (ii) the Assistant Commissioner of the revenue sub-division, in respect of a market committee of a market area, the market yard of which is situated in the headquarters of the revenue sub- division other than the headquarters of the district; (iii) the Tahsildar of the taluk, in respect of a market committee of a market area, the market yard of which is situated in any place in such taluk, other than the headquarters of the district or the headquarters of the revenue sub- division. (2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time after the 19th day of July, 1969, by notification, appoint, from time to time13 any officer not below the rank of a Tahsildar, to be the Administrator for any market committee and the said officer shall be deemed to be the Administrator of the said market committee for purposes of this section." 13 The underlining is by this Court to signify that the relevance of these expressions are considered later in the order. 106 12.4 The Section 154-A are transitory provisions, and in fact, the heading also reads accordingly. The Section 154-A[1] stipulates, amongst others, that with effect from 19.07.1969 the term of every market committee and the chairman/vice chairman continuing under Section 154[C][1] shall expire and the powers and duties shall be exercised and performed by an Administrator. The Explanation appended to Section 154-A[1] lists who the Administrator will be, and this will depend on the place of the headquarters of the concerned market yard. The Section 154-A [2] says, notwithstanding the provisions of Section 154-A[1], the State Government may appoint any officer not below the rank of a Tahsildar to be the administrator for any Market Committee and such officer shall be deemed to be the administrator for the transitory purposes. 12.5 The Section 130 of the APMC Act provides for appointment of an Administrator when such appointment becomes necessary because of the 107 orders of a competent Court. If a competent Court holds that a Market Committee is not validly constituted or that it is disabled from functioning or that a few seats are to be filled by elections under Section 39[2], the State Government is vested with the power to issue notification enabling an Officer to exercise and perform the powers and duties of the Market Committee. The Section also stipulates that the powers exercised [and the duties performed] by the concerned Market Committee until the declaration by a competent Court as aforesaid shall be deemed to be validly exercised. 12.6 The APMC Act next provides for the appointment of an Administrator when the term of a Market Committee [the term of the office of the Chairman/Vice-Chairman] has expired. This power is in Section 42[2] of the APMC Act. This provision reads that, notwithstanding anything in this Act, the Tahsildar of the Taluk in which the subject yard is situated shall exercise the powers and functions of 108 the Market Committee [in the case of Chairman/Vice- Chairman, the powers and functions assigned to these Offices] on the expiry of the term. In this scenario, the Tahsildar must step in when the term of a Managing Committee has expired and must exercise and perform the powers and functions vested in it. The proviso to this subsection reads that after the Tahsildar so steps in, the Director may appoint any other Officer to exercise and perform the powers and functions of the Market Committee or its Chairman. 12.7 In the transition contemplated under Section 154-A of the APMC Act, the concerned Deputy Commissioner or the Assistant Commissioner or the Tahsildar [depending on the place of headquarters of the Market Yard] must exercise and perform the powers and duties of the Market Committee, and notwithstanding the same, the State Government may notify appointing any Officer not below the rank of a Tahsildar to be the Administrator. The expressions "may" and "from time to time" as 109 found in Section 154-A[2], apart from the fact that this will be a transitory arrangement, show that the Legislature intended a wider jurisdiction in the State Government. As such, there is no restriction on the timeline as in Section 130 of the APMC Act. 12.8 As against this transitory scheme, when the Courts declare that a Market Committee is not duly constituted or is disabled [or a few seats had to be filled], the State Government, in exercise of powers under Section 130 of the APMC Act, may cause all powers and duties of the Market Committee/Chairman to be exercised by an Officer. The Section 130 of the APMC Act does not impose any embargo on who could be so appointed but stipulates that such Officer cannot exercise the powers or perform the functions of the Market Committee for a period beyond one year. The Legislature, because of the circumstance in which a vacuum is created, provides for appointment of an 110 Officer as an Administrator in the State Government's discretion but subject to the limit of one year. 12.9 The Market Committee functions for a definite tenure, and elections must be held for the constitution of a new Market Committee, but affairs of the Market Committee must be administered in the interregnum. This is provided under Section 42[2] of the APMC Act in stipulating that the Tahsildar of the Taluk in which the Yard is situated shall exercise the powers and perform the functions of the Market Committee during such period. The first and immediate stage is akin to what happens in the transitory process. This section, while providing for the term of the Chairman/ Vice Chairman, provides for the Tahsildar to step in and later the appointment of an administrator. 12.10 In the transitory process, depending on the location of the Headquarters of the Yard, either the Deputy Commissioner or the Assistant Commissioner or the Tahsildar steps in, and under 111 Section 42, the Tahsildar steps in. Further, in the transitory process, the State Government may appoint any Officer of the rank of Tahsildar to function as the Administrator, but where a Tahsildar steps in because of the expiry of the term of the Market Committee, the Director is invested with the jurisdiction to appoint "any other Officer" to exercise the powers and perform the functions of the Market Committee. This Court must observe that if the State Government can only appoint, in the transitory process, an Officer of the rank of Tahsildar, it behoves that the Director must also appoint an Officer who is in the rank of the Tahsildar. The Director cannot have unfettered power to choose any Officer irrespective of the rank. 12.11 This Court, on a careful consideration of the scheme in which an administrator/s steps in or is appointed [depending on the circumstances], is of the definite view that the power to appoint Administrators must be exercised 112 under the specific provisions and subject to such provisions. In the present cases it is undisputed that the Administrator is appointed after the expiry of the Managing Committee’s term and that the present Administrator, and the Administrators in the past after the expiry of the Managing Committee’s term, are appointed under Section 42 of the APMC Act from amongst those Officers who are in the rank of Tahsildars. As such, this Court must conclude that an Administrator is appointed without jurisdiction, or that an Administrator appointed under Section 42 of the APMC Act can only attend to day-to-day affairs. 13. The petitioners contend that their request for conversion of their Leave and Licence Contracts to Lease-cum-Sale contracts could not have been rejected without the prior approval of the Director as contemplated under Rule 12[2] of the APMC Allotment Rules. The Rule 12[2] read as under: "Rule 12: Restriction on transfer - (1) Where any allottee of a godown or shop- cum-godown after it was conveyed to 113 him under Rule 10 or a transferee of such allottee or an allottee of a site after it was conveyed to him under Rule 10 on which godown or shop or shop-cum- godown is built, is unable to carry on the marketing activity for any reason, he may, if the period of ten years specified in clause [vi] of sub-rule [1] of Rule 10 has expired, make an application to the market committee along with a transfer fee specified in the Annexure and the Market Committee after ascertaining whether the applicant owes any dues to the market committee, sellers and other licensed market functionaries may, with the prior approval of the Director of Agricultural Marketing, permit transfer of such godown, shop or shop-cum- godown in whole or in part only in favour of a licensed market functionary, who does not own a site, godown or shop or shop-cum-godown: Provided that where any application seeking permission for such transfer made prior to the commencement of the Karnataka Agricultural Produce Marketing [Regulation or Allotment of Property in Market Yards] Rules, 2004 is pending such application shall be 114 deemed to be an application made under this sub-rule and shall be disposed the office is directed to re-list this petition on in accordance with this sub-rule. (2) Where any market functionary who has been allotted a shop or godown, shop- cum-godown or other building on lease and licence basis under Rule 13 is continued in occupation of the same for a minimum period of 55 months and requests to convert the said leave and licence into lease-cum-sale basis may be considered with prior approval of the Director of Agricultural Marketing and the value of the site, shop, godown or shop-cum-godown shall be determined by taking into consideration the following factors namely.- (i) site value at 40% of the guidance value determined under the Karnataka Stamp Act, 1957, and rules made thereby under or the value of the site approved by the Director of Agricultural Marketing under Rule 5, whichever is higher; (ii) The building value to be fixed by the Engineering Cell of the Department after 115 considering the depreciation of the building; (iii) Any other expenditure incurred by the market committee on the site or building." 13.1 The power to consider the request for conversion from a Leave and License Contract to a Lease-cum-Sale Contract is part of the restriction on transfer as contemplated under Rule 12[1] APMC Allotment Rules. This sub-section reads that in the cases where there is an allotment of premises on Lease-cum-Sale under Rule 10 thereof, and the allottee [or the transferee from the allotment] cannot carry on the marketing activity for any reason, the allottee/transferee can apply for transferring the allotment. The Market Committee, in exercise of the power under Rule 12[2] of the APMC Allotment Rules, can permit transfer only in favour of the licensed Market functionary if such Market functionary does not own premises but with the prior approval of the Director. 116 13.2 The Rule provides consideration of the request to convert Leave and License allotments under Rule 13 thereof into Lease-cum-sale contracts, but not making it compulsory for every request to be favoured. This flows from the expression "may be considered" by the Market Committee. The power vested in the Market Committee to permit conversion from Leave and License Contracts to Lease-cum-Sale Contracts must be examined in the context of the indisputable position in law that Leave and License Contracts only confer a license to the personal use of the property and not any interest in the property14. 13.3 If the Managing Committee permits conversion from a Leave and License Contract to a Lease-cum-Sale Contract, there would be a transfer creating an interest in the property. Therefore, the prior approval of the Director [as in the case of permission for transfer of allotment to another Market 14 [2011] 5 SCC 270 - 'Pradeep Oil Corporation v. Municipal Corporation of Delhi and Another' 117 functionary] would be necessary. However, if the Managing Committee refuses the request, only the license arrangement [without a transfer] is continued. If the Market Committee in its just exercise of discretion, is of the opinion that the request for conversion from Leave and License Contracts to Lease-cum-Sale contracts cannot be permitted, as canvassed on behalf of the APMC, it would not be necessary to seek the prior approval of the Director. As such, this Court is of the opinion that there is no infraction of Rule 12[2] of the APMC Allotment Rules in deciding to refuse conversion from Leave and License Contracts to Lease-cum-Sale contracts without prior approval of the Director. Reg. Question No.2: 14. This Court’s order in the writ petitions in WP Nos.5455/2023 and 5452/2023 has attained finality. The APMC, in compliance with such direction, will have to accommodate the Market functionaries in Yeshwanthpur Market Yard who are 118 engaged in trading Onion, Potato, Garlic and Ginger in Dasanapura Sub-Market Yard and they must be accommodated by allotting premises which compare well with the premises currently in their possession. The petitioners in W.P. Nos.3011/2025, 173/2025, 540/225, 692/2025, 1536/2025 are in possession of the respective premises in Dasanapura Sub-Market Yard. 14.1 As per the details filed, only about twenty petitioners have paid both the leave and license fees and user fee continuing the business for the purpose for which the allotment is made in their favour. The other petitioners are in default either because they have not paid the leave and license fee/User fee or because they have not continuously conducted the business in the premises allotted to them. However, all the petitioners have completed fifty-five months of the leave and License period. The Rule 13[7] of the APMC Allotment Rules stipulates that the initial allotment will be only for eleven 119 months, which may be renewed further by eleven months but subject to a maximum of fifty-five months. The petitioners, as observed above, have been conferred only with a right to use the premises, and they have not been granted any interest in the premises. 14.2 They are bound to vacate the premises on the expiry of the maximum period, and in the present case, there are also complaints about defaults in payment of both leave and license fee/User fee and in continuous use of the premises for the purpose for which it is allotted. The APMC, therefore, is justified in calling upon the petitioners to vacate and handover their respective premises, but it will have to have recourse to the Karnataka Public Premises [Eviction of Unauthorized Occupants] Act, 1974. If in the alternative, the APMC is offering a temporary allotment on terms but without in any manner prejudicing its obligation to ensure allotment only under the APMC Allotment Rules and in strict 120 compliance with the rule of seniority, it must be held to such offer. 14.3 The APMC must reasonably cause individual notices to the petitioners and the other concerned Market functionaries in Dasanapura Sub- Market Yard informing them of the choice of either a temporary premises in the Closed Auction Platform or a shop subject to paying, respectively, Rs.5,000/- per month or the rate fixed by the APMC/Assistant Executive Engineer. If the petitioners/Market functionaries exercise this option within a reasonable period from receipt of the notice, the appropriate agreement will have to be drawn, but if the petitioners do not exercise the option, the APMC will have to recover possession under law. The Question No.2 is answered accordingly. Reg: Question No.3: 15. The establishment of a Market Committee and its incorporation are under Chapter III of the APMC Act. There has to be a first Market Committee 121 for every Market Area in terms of Section 10 of the APMC Act, and the second and subsequent Market Committees must be constituted under Section 11 of the APMC Act. The Section 12 of the APMC Act stipulates that the Members of a Market Committee shall be elected in the manner prescribed by the APMC Allotment Rules. The subsequent provisions, beginning from Section 13, provide for, amongst others, constituencies for election of Members to a Market Committee, disqualification from membership, determination of the validity of elections, grounds for challenge and the appeal against the order of the competent Court. 15.1 The Section 38 of the APMC Act stipulates that the Members of a Market Committee shall hold office for a term of five years and further crucially, that before the expiry of this term, elections shall be held to a Market Committee. The commencement of the term is under Section 39 of the APMC Act. This section reads as under: 122 "38. Term of office of members - (1) The members of the market committee shall save as otherwise provided in this Act hold office for a term of [five years] before the expiry of which election shall be held to a market committee. (2) Notwithstanding anything contained in sub- section (1) a person who is a member of the market committee by virtue of being a representative of a Co-operative Marketing Society or an Agricultural Co-operative Processing Society as the case may be shall cease to be such member on his ceasing to be a member of the Managing Committee of the Society concerned by efflux of his term of office or otherwise." 15.2 This provision must be read with Section 42[2] of the APMC Act, which as discussed earlier, provides that the concerned Tahsildar must exercise the powers and perform the functions of the Market Committee on the expiry of the term of the Market Committee with the jurisdiction in the Director thereafter to appoint any other Officer to perform functions and exercise such powers. This 123 Chapter does not stipulate that the Tahsildar who can exercise powers and perform the functions under Section 42[2] of the APMC Act or the Officer appointed by the Director will hold office for any particular period, but the indisputable underlying feature is that the affairs of a Market Yard must be administered by Market Committee in the manner contemplated under Section 5 of the APMC Act and this cannot be disrupted without holding elections at all. 15.3 The State Government has filed its Statement of Objections explaining the circumstances for not holding the elections. It is stated that the elections to the Market Committee were not held in the initial years, because of the Covid-19 restrictions and a policy decision to put off elections to the elected Bodies in view of the difficulties wrought by Covid-19 restrictions. It is next stated that the elections could not be conducted because of the clarification required on the applicability of the 124 reservation to APMC in terms of a decision of the Apex Court. 15.4 It is now placed on record that because of the change in the demography of the Bengaluru Urban agglomeration with few engaged in agricultural operations, the State Government has constituted a Committee to examine the circumstances and propose amendments to the APMC Act. This Court must observe that adapting to evolving circumstances is an ongoing process, and the elections cannot be put off indefinitely when the mandate under the Statute is that the affairs of a Market Area must be administered by the Market Committee. 15.5 The administration through a democratically elected body cannot be put into a hiatus without end. This Court must refer to the decision of the Apex Court in Dr. Subramaniam 125 Swamy v. State of Tamil Nadu15 wherein it is held as follows: "66. Supersession of rights of administration cannot be of a permanent enduring nature. Its life has to be reasonably fixed so as to be co- terminus with the removal of the consequences of maladministration. The reason is that the objective to take over the management and administration is not the removal and replacement of the existing administration but to rectify and stump out the consequences of maladministration. Power to regulate does not mean power to supersede the administration for an indefinite period." This Court finds that the petitioners' cause for directions to the respondents to hold elections is therefore well founded and there must be directions in this regard with the observation that the State Government can always consider the recommendations of the Committee constituted and bring in an amendment. Hence, the following: 15 [2014] 5 SCC 75 126 ORDER [a] The writ petitions in W.P. Nos.4124/2023, 4132/2023 and 5007/2023 are allowed in part and the State Government is directed to initiate proceedings as contemplated under Part - II of the Karnataka Agricultural Produce Marketing [Regulation and Development] Rules, 1968 within three [3] months from today to conduct elections to the Yeshwanthpur Market Yard. [b] The writ petitions in W.P. Nos. 540/2025 and 3011/2025 are allowed in part in terms of the afore direction insofar as the petitioners' request for directions to the State Government to hold elections to the Market Committee. [c] The writ petitions in W.P. Nos.540/2025, 3011/2025 along with writ petitions in W.P. Nos.173/2025, 692/2025 and 1536/2025 are disposed of directing the Secretary, APMC, Yeshwanthpura to: 127 [i] cause notice to the petitioners individually indicating that they will have the choice of choosing a temporary premises in the Closed Auction Platform or shop premises, and that if they choose the temporary premises in the closed auction platform, they shall pay rent of Rs.5,000/- per month and that if they choose the shop premises, they will have to pay the rent as fixed by the Assistant Executive Engineer, APMC, Yeshwanthpur. [ii] The arrangement as aforesaid shall be entirely temporary and subject to the allotment of the shops and other premises under the Karnataka Agricultural Produce Marketing [Regulation of Allotment of Property in Market Yards] Rules, 2004. 128 [iii] The Secretary, APMC, Yeshwanthpur, shall send notices as aforesaid within two [2] weeks from the date of receipt of a certified copy of this order, and the Secretary shall also cause due publication of notice in English and Kannada Dailies - Bengaluru Edition. [iv] If the petitioners exercise this option within fifteen [15] days from the date of the notices sent individually and in any event within fifteen [15] days from the date of the publication of the notice, the Secretary, APMC, Yeshwanthpur shall ensure that the letters are issued in this regard subject to the petitioners complying with all the other conditions except payment of Leave and License fee and outstanding User fee. [v] In the event the petitioners do not exercise this option, the Secretary, 129 APMC, Yeshwanthpur shall be at liberty to initiate proceedings to take possession of the corresponding shops/premises. [d] No costs. Sd/- (B M SHYAM PRASAD) JUDGE AN/-*