DR. B R AMBEDKAR MULTIPURPOSE CO OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA
WP/106202/2024 · 2025-02-14
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7404 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7404 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3061 WP No. 106202 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.106202 OF 2024 (APMC-) BETWEEN:
DR. B.R. AMBEDKAR MULTIPURPOSE CO-OPERATIVE SOCIETY, LIMITED, AMBEDKAR COLONY (JANATA COLONY), YARGATTI, TQ: YARGATTI, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT, SHRI LAKKAPPA HANAMANTHPPA HUNASHIKATTI, AGE: 54 YEARS, OCC: TRADING, R/O. NEAR BABU JAGAJAVANRAM BHAVN, AMBEDKAR COLONY, (JANATA COLONY), YARGATTI, TQ: YARGATTI, DIST: BELAGAVI-591129. …PETITIONER (BY SMT. PRIYANKA HANUMANTH PAWAR & SRI. SANTOSH B. RAWOOT, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA, CO-OPERATIVE DEPARTMENT, REPRESENTED BY SECRETARY, VIDHAN SOUDHA, BENGALURU-01. 2. THE DIRECTOR, AGRICULTURE PRODUCE MARKETING COMMITTEE, NO.16, 2ND RAJABHAVAN ROAD, P.B. NO.5309, BENGALURU-01. 3. THE SECRETARY, AGRICULTURE PRODUCE MARKETING COMMITTEE, MARKET YARD, BELAGAVI-590001, DIST: BELAGAVI. 4. THE SECRETARY, AGRICULTURE PRODUCE MARKETING COMMITTEE, MARKET YARD, YARAGATTI, TQ: YARGATTI,
ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 12:37:57 +0530
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NC: 2025:KHC-D:3061 WP No. 106202 of 2024
DIST: BELAGAVI-591129. 5. THE SECRETARY, AGRICULTURE PRODUCE MARKETING COMMITTEE, MARKET YARD, SAUNDATTI-591126, TQ: SAUNDATTI, DIST: BELAGAVI-591126. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R2;
SRI. P.N.HATTI, ADVOCATE FOR R3-R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS, DIRECTING THE RESPONDENT NO.3 AND 4 TO CONSIDER THE REQUITE OF THE PETITIONER DATED 02/07/2018 VIDE ANNEXURE-D AND DATED 14/12/2023 VIDE ANNEXURE-G RESPECTIVELY BY ALLOTTING SITE IN THE APMCY YARD YARGATTI IN R.S.NO.2, IN THE INTEREST OF JUSTICE AND EQUITY; PASS ANY SUCH APPROPRIATE ORDERS AS THIS HON’BLE COURT DEEMS FIT, JUST AND PROPER IN THE CIRCUMSTANCES OF THIS CASE, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1.
The petitioner is before this Court seeking for the following reliefs; a) Issue a writ in the nature of Mandamus or any other writ or directions, directing the respondent No.3 and 4 to consider the requite of the petitioner dated 02/07/2018 vide Annexure-D and dated 14/12/2023 vide Annexure-G respectively by allotting site in the APMCY Yard Yargatti in R.S.No.2, in the interest of justice and equity;
b) Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the
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NC: 2025:KHC-D:3061 WP No. 106202 of 2024
circumstances of this case, in the ends of justice and equity. 2. The grievance of the petitioner is that the application submitted by the petitioner for allotment of a site in the APMC yard, Saundatti and the representation issued in relation thereto dated 14.12.2023 have not been considered. 3. Whenever any application and or representation is submitted, it is for the respondent-authorities to consider the same, either accept or reject within a reasonable period of time. Needless to say if it is rejected appropriate reasons have to be given. Neither having been done, I pass the following: ORDER i) Writ petition is allowed. ii) A mandamus is issued directing respondents No.3 and 4 to consider the application dated 02.07.2018 at Annexure-D and the representation dated 14.12.2023 at Annexure-G within a period of 30 days from the
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NC: 2025:KHC-D:3061 WP No. 106202 of 2024
date of receipt of certified copy of this order in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 5