- 1 - HC-KAR NC: 2025:KHC:29674 WP No. 27675 of 2023 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. 27675 OF 2023 (APMC) BETWEEN: 1. SRI BHAGIRATHA TRADERS, PROPRIETOR SANDEEP A., S/O ASHOK M., AGED ABOUT 40 YEARS, SHOP NO.11, APMC YARD BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 2. SRI GURU KRUPA TRADERS, PROPRIETOR H N SHIVA KUMAR, S/O H NAGARAJAPPA, AGED ABOUT 44 YEARS, SHOP NO.05, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 3. M M TRADERS, PROPRIETOR MANJUNATH, S/O LATE MAHARUDRAPPA, AGED ABOUT 43 YEARS, SHOP NO.07, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 4. KEERTHI TRADERS, PROPRIETOR V. JAYAPPA, S/O VEERABHADRAPPA, AGED ABOUT 52 YEARS, SHOP NO.08, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 5. R K TRADERS, PROPRIETOR T K PRADEEP KUMAR, S/O LATE T R KRISHNAMURTHI, Digitally signed by GURURAJ D Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29674 WP No. 27675 of 2023 AGED ABOUT 42 YEARS, SHOP NO.09, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 6. RAKESH STORES, PROPRIETOR T S KUMAR, S/O LATE SHASHIRAJ, AGED ABOUT 62 YEARS, SHOP NO.10, APMC YARD BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 7. SRI RUDRESHWARA TRADERS, PROPRIETOR PRAKASH, S/O LATE RACHAPPA KAROR, AGED ABOUT 55 YEARS, SHOP NO.01, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 8. SHA MOHANLAL MAHENDRAKUMAR TRADERS, PROPRIETOR RAKESH, S/O LATE MOHANLAL, AGED ABOUT 43 YEARS, SHOP NO.15, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 9. SHIVA TRADERS, PROPRIETOR B M CHANDAN, S/O MAHESH V., AGED ABOUT 36 YEARS, SHOP NO.02, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 10. VEERABHADRESHWARA TRADERS, PROPRIETOR H M SHANKAR, S/O LATE H MADDIRAPPA, AGED ABOUT 59 YEARS, SHOP NO.08, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 11. ARHAM TRADING, PROPRIETOR S MANGILAL JAIN, S/O SIRIMAL JAIN, AGED ABOUT 60 YEARS, - 3 - HC-KAR NC: 2025:KHC:29674 WP No. 27675 of 2023 SHOP NO.07, APMC YARD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. …PETITIONERS [BY SRI. SHILPA RANI, ADVOCATE (PH)] AND: 1. STATE OF KARNATAKA, REP BY ITS SECRETARY, DEPARTMENT OF AGRICULTURAL MARKETING, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR OF AGRICULTURAL MARKETING AND APPELLATE AUTHORITY, NO.16/11, RAJABHAVANA ROAD, BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF AGRICULTURAL MARKETING SAGAR ROAD, SHIVAMOGGA - 577 204. 4. AGRICULTURAL PRODUCE MARKETING COMMITTEE, A P M C YARD, BHADRAVATHI - 577 301 REP BY ITS SECRETARY, ESTABLISHED UNDER SECTION 5 AND 10 KAPMC (R AND D) ACT 1966 …RESPONDENTS (BY SRI JAYALINGAYYA MUDENOORMATH, AGA FOR R1 TO R3 (PH); SRI KIRAN KUMAR T .L., ADVOCATE FOR R4) THIS WP IS FILED PRAYING TO QUASH THE FINAL 3RD NOTICE DATED 16/11/2023 IN NOs.KRUMAE/ KRU.U. MA.SA. (BHA)/ 1367/ 2023-24,KRUMAE/KRU.U.MA.SA.(BHA)1365/2023-24, RUMAE/KRU.U. MA.SA.(BHA)/1366/2023-24, KRUMAE/KRU.U.MA.SA. (BHA)/1369/ 2023-24,KRUMAE/KRU.U.MA.SA.(BHA)/1363/2023-24, KRUMAE/KRU. U.MA.SA.(BHA)/1368/2023-24, KRUMAE/KRU.U.MA.SA.(BHA) /1360/ 2023-24,KRUMAE/KRU.U.MA.SA.(BHA)/1362/2023-24,KRUMAE/ KRU. U.MA.SA.(BHA)/1370/2023-24, PASSED BY THE R4 A COPY OF WHICH IS PRODUCED AT ANNEXURE-E TO E10 SERIES, IN THE ENDS - 4 - HC-KAR NC: 2025:KHC:29674 WP No. 27675 of 2023 OF JUSTICE. ii) DIRECTING THE R4 TO CONSIDERS THE REPRESENTATION DATED 01/12/2023 AND DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO CARRY ON THE BUSINESS IN THE APMC MARKET YARD, BHADRAVATHI A COPY OF WHICH IS PRODUCED AT ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This writ petition is filed seeking following reliefs: "(i) ISSUE a writ of certiorari or any other writ quashing the final 3rd notice dated 16.11.2023 in No. KRUMAE/KRU.U.Ma.Sa.(BHa)/1367/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1365/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1361/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1366/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1369/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1363/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1368/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1360/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1362/2023-24, KRUMAE/KRU.U.Ma.Sa.(BHa)/1370/2023-24, passed by the 4th respondent a copy of which is produced at ANNEXURE-E to E10 series, in the ends of justice. (ii) ISSUE a writ of mandamus or any other writ directing the 4th respondent to considers the Representation dated 01.12.2023 and direct the respondents to permit the - 5 - HC-KAR NC: 2025:KHC:29674 WP No. 27675 of 2023 petitioners to carry on the business in the APMC Market Yard, Bhadravathi, a copy of which is produced at Annexure-F to meet the ends of justice. (iii) Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case." 2. Smt.Shilpa Rani, learned counsel for petitioners submitted, petitioners were traders doing business in notified agricultural products in market yard of respondent no.4 - Market Committee, wherein, petitioners no.1 to 9 were allotted sundry shops on leave and licence basis as per Annexure-B series, while petitioners no.10 and 11 were allotted sites on lease-cum-sake basis, on which they had constructed shop- cum-godowns as indicated by Annexures-C and C1. And as such, they were trading in notified items. 3. When without any basis, show-cause notices were issued on 07.12.2022 directing petitioners to remove non- notified products and to trade only in notified products. It was submitted, petitioners replied to said notices on 15.12.2022 as per Annexure - D1. - 6 - HC-KAR NC: 2025:KHC:29674 WP No. 27675 of 2023 4. Despite same, respondent no.4 issued third and final notice on 16.11.2023 as per Annexures-E series, which were also replied as per Annexure-F. It was submitted, since, petitioners were issued with Trader Licences, they were authorized for retail sale of notified products as per gazette notification dated 26.02.2014 at Annexure-G. Therefore, impugned notices which sought to prohibit them from retail sales was contrary to law and sought for allowing writ petition. 5. Learned AGA for respondents no.1 to 3 opposed writ petition by referring to statement of objections, wherein it was stated that petitioners had challenged mere show cause notices. Hence writ petitions were not tenable. It was further submitted, though petitioners were having Trader as well as Import, Export and Stockist Licences, they were not authorised to trade in non-notified products. Therefore, impugned notices were justified and sought dismissal of writ petition. 6. Heard learned counsel and perused writ petition. 7. Since, writ petition is filed challenging show cause notices and to which petitioners have already filed objections, instead of retaining writ petition, it would be appropriate to - 7 - HC-KAR NC: 2025:KHC:29674 WP No. 27675 of 2023 dispose it of by directing consideration of same and to pass appropriate orders thereon. 7. Hence, writ petition is disposed of keeping open contentions of both parties herein, to be adjudicated by respondent no.4 in accordance with law, which shall be after considering petitioners' objections and providing them an opportunity of hearing. Until then and subject to final orders, interim order granted by this Court would enure to petitioners. Sd/- (RAVI V HOSMANI) JUDGE PSG List No.: 1 Sl No.: 49