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2025 DAILYLAW 76171 (KAR)

SRI RAMACHANDRAIAH v. THE STATE OF KARNATAKA

WP/17602/2021 · 2025-07-31

Ravi V Hosmani

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29632 WP No. 17602 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 17602 OF 2021 (APMC) BETWEEN: SRI RAMACHANDRAIAH S/O LATE RAMEGOWDA AGED ABOUT 58 YEARS BASAVEGOWDANA PALLYA SAALU POST, GULURU HOBLI TUMKUR TALUK-572 122 …PETITIONER [BY SRI R.HEMANTH RAJ, ADVOCATE (AB)] AND: 1. THE STATE OF KARNATAKA REP BY ITS UNDERSECRETARY NO.1 DEPARTMENT OF CO-OPERATIVE M.S.BUILDING, AMBEDKAR VEEDHI BENGALURU 560 001. 2. THE AGRICULTURAL PRODUCTS MARKETING COMMITTEEE REP. BY ITS DIRECTOR NO.16 2ND RAJBHAVAN ROAD NEAR INCOME TAX OFFICE BENGALURU-560 001. 3. THE AGRICULTURAL PRODUCTS MARKETING COMMITTEE TUMKUR REP. BY ITS SECRETARY APMC YARD, BATWADI TUMKURU-572 103. 4. THE DEPUTY COMMISSIONER Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29632 WP No. 17602 of 2021 MINI VIDHANA SOUDHA TUMKUR-572 101. 5. SRI K.M.UMESH GOWDA S/O MAHIMANNA, MAJOR KUNTARANAYAPALYA SIRVARA POST HEBBUR HOBLI TUMKURU TALUK-572 120. 6. SHIVARAJU S/O DODDAIAH MAJOR, KOTTANAHALLI GOLLARAHATTI MALLASANDRA POST BELLAVI HOBLI TUMKUR TALUK-572 107. 7. C.D.PRAKASH S/O T.DOODATHOPEGOWDA, MAJOR, R/AT CHIKKASARNAGI VILLAGE AND POST GURULUR HOBLI TUMKURU TALUK-572 118. 8. SIDDARAJU S/O LATE HANUMANTHAIAH A K COLONY GUURLUR HOBLI TUMKUR TALUK-572 118. 9. N.S.HONNESH KUMAR S/O LATE SIDDALINGAHAIH MAJOR NERALAPURA SASALUK POST GURULU HOBLI TUMKUR TALUK-572 122. 10. R.C. SHIVAKUMAR S/O CHIKKATHIMMAPPAIAH MAJOR RAMAKRISHNAPURA VILLAGE KANAKKUPPE POST - 3 - HC-KAR NC: 2025:KHC:29632 WP No. 17602 of 2021 HEBBURU HOBLI TUMKURU TALUK-572 120. 11. RATHNAMMA W/O NAGARAJAU MAJOR, YELLAPURA ARAKERE POST KASABA HOBI TUMKURU TALUK-572 106. 12. PUTTALAKSHMAMMA W/O CHIKKARANGAIAH MAJOR LAMBANI THANDA BELAGUMBA TUMKURU TALUK-572 104. 13. N.T.NAGARAJU S/O LTE THIMMAPPAIAH MAJOR NAGAVALLI 1ST STAGE NEAR LAKSHMIDEVI ROAD HEBBURU HOBLI TUMKUR TALUK-572 118. 14. SUBASHCHANDRA S/O KEMPANNA MAJOR RANGAINAPALLYA KABMATHANA HALLI POST GURULUR HOBLI TUMKUUR TALUK-572 118. 15. PARVATHAMMA W/O DARAMAPRAKASH MAJOR RANGANATHPURA NAGAVALLI POST HEBBURU HBLI TUMKURU TALUK-572 118. 16. ESHWARGUPTHA S/O M P NANJUNDA SHETTY MAJOR M.O.N ENTERPRISES - 4 - HC-KAR NC: 2025:KHC:29632 WP No. 17602 of 2021 APMC YARD 3RD MAIN ROAD BATAWADI TUMKUR-572 012. 17. LOKESH S/O VERANNA, MAJOR YELLAUPRA, ARAKERE POST TUMKUR TALUK-572 130. 18. NEELAKANTAIAH S/O LATE NANJAPPA MAJOR HULLENAHALLI GULURU HOLBI TUMURU TALUK-572 122. 19. SHIVARAJU S/O KANDAIAH MAJOR ARALAKATTE CHANNENAHALLI POST BELLAVI HOBLI TUMKURU DISTRICT-584 128 …RESPONDENTS [BY SRI JAYALINGAYYA MUDENOORMATH, AGA FOR R1-2 & R4(PH); SRI T. SWAROOP, ADVOCATE FOR R3 (PH); SRI HAREESH BHANDARY T., ADV. FOR R5-7, R9-19; NOTICE TO R8 - SERVED] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 16.09.2021 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-A AND DIRECT RESPONDENTS NO.2 AND 4 TO CONDUCT ELECTION TO RESPONDENT NO.3 MARKET COMMITTEE WITH IMMEDIATE EFFECT AND ETC., THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:29632 WP No. 17602 of 2021 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This writ petition is filed seeking following reliefs: "a. Quash/set-aside the impugned notification dated 16.09.2021 issued b y the 1st Respondent in No. CO 242 MRE 2021 produce vide Annexure-A in the writ petition in the interest of justice and equity. b. To issue direction to the 2nd and 4th Respondent to conduct the election to the 3rd Respondent market committee with immediate effect in the interest of justice and equity and etc." 2. Sri T.Swaroop, learned counsel for respondent no.3 submitted that writ petition has been rendered infructuous due to completion of period of term of nomination under Annexure- A and appointment of Administrator in terms of order dated 23.05.2023, a copy of which is produced along with memo. 3. It is seen that writ petition is by member/voter of respondent-Marketing Committee and aspirant for post of member of Marketing Committee. His grievance is against respondent nominating members of Tumakuru Agricultural Produce Marketing Committee ('APMC' for short) upon merger - 6 - HC-KAR NC: 2025:KHC:29632 WP No. 17602 of 2021 of two Marketing Committees i.e., Koratagere and Tumakuru APMCs under Notification at Annexure-A, period of nomination as per Section 10(4)(a) of Karnataka Agricultural Product Marketing Act (Regulation and Development) Act, 1966 ('APMC Act' for short) would be two years. Same has, since expired and Administrator has been appointed as per Notification issued by respondents, and since petitioner has not challenged order of merger of Marketing Committees, legality of order of merger need not be examined in this writ petition. 4. In view of above, writ petition is dismissed as having become infructuous. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 39