- 1 - HC-KAR NC: 2025:KHC:38569-DB WA No. 1795 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1795 OF 2024 (APMC) BETWEEN: 1. SRI HANUMANTHARAYAPPA A S/O LATE ANJINAPPA AGED ABOUT 56 YEARS RESIDING AT N HOSAPALYA NARASANDRA POST KUDUR HOBLI, MAGADI TALUK RAMNAGAR DISTRICT. 2. SRI NAVEEN BABU S/O LATE THIMMAIAH AGED ABOUT 40 YEARS RESIDING AT NO.9/20 1ST CROSS, 1ST MAIN PARIMALA NAGAR NANDINI LAYOUT BENGALURU - 560 096. 3. SRI MUNIRAJU, S/O LATE BYLAPPA AGED ABOUT 44 YEARS RESIDING AT DOOR NO.11/B ANCHEPALYA, PRAKRUTHI LAYOUT 4TH CROSS, NAGASANDRA BENGALURU NORTH BENGALURU - 560 073. Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38569-DB WA No. 1795 of 2024 4. SRI SHABEER PASHA, S/O LATE SYED KARIM AGED ABOUT 42 YEARS RESIDING AT NO.16 MATAPPA ROAD NEAR SHANI MAHATMA TEMPLE PIPELINE ROAD MALLASANDRA T. DASARAHALLI BENGALURU - 560 054. 5. SRI MUNESHA S/O NAGARAJ AGED ABOUT 55 YEARS RESIDING AT NO.9/1 1ST A MAIN ROAD MOHAN KUMAR NAGAR MATHIKERE BENGALURU. 6. SMT. MANJULA, W/O MURALI AGED ABOUT 50 YEARS RESIDING AT NO.9/1 1ST A MAIN ROAD MOHAN KUMAR NAGAR MATHIKERE BENGALURU. …APPELLANTS (BY SRI J.R. MOHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURAL MARKETING - 3 - HC-KAR NC: 2025:KHC:38569-DB WA No. 1795 of 2024 VIKASA SOUDHA BENGALURU - 560 001. 2. AGRICULTURAL PRODUCE MARKETING COMMITTEE YESHAVANTHAPUR TUMAKURU ROAD BENGALURU - 560 022 BY ITS SECRETARY. 3. THE JOINT DIRECTOR (PROJECT), AGRICULTURAL PRODUCE MARKETING COMMITTEE YESHAVANTHAPUR TUMAKURU ROAD BENGALURU - 560 022. 4. THE ADMINISTRATIVE OFFICER AGRICULTURAL PRODUCE MARKETING COMMITTEE YESHAVANTHAPUR TUMAKURU ROAD BENGALURU - 560 022. …RESPONDENTS (BY SRI K.S. HARISH, AGA FOR R-1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE ENTIRE RECORDS IN W.P. No.17586/2023 (APMC) AND SET ASIDE THE ORDER DATED 05.11.2024 WHICH IS PRODUCED THEREIN, ALLOW THE WRIT PETITION AS PRAYED FOR AND ETC. - 4 - HC-KAR NC: 2025:KHC:38569-DB WA No. 1795 of 2024 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 05.11.2024 passed by the learned Single Judge of this Court in W.P.No.17586/2023 (APMC). The petitioners seek to challenge the allotment of shops by the Agricultural Produce Marketing Committee [APMC], Yeshwanthpur on the ground that the allotment was not in accordance with the seniority list prepared by APMC. The notification for inviting applications for allotment of shops at 'E' Block, Dasanpura Sub-Market was issued by APMC on 01.03.2019. The seniority list for allotment of shops was prepared on 08.09.2021 and the order allotting shops was issued on 17.09.2021. Admittedly, all the persons who had been allotted shops have been since carrying on the business from the allotted shops. In the aforesaid context, the learned Single Judge declined - 5 - HC-KAR NC: 2025:KHC:38569-DB WA No. 1795 of 2024 to entertain the petition on the ground that at this stage no relief could be granted to the petitioners. 2. It is well settled that the remedies under Article 226 of the Constitution of India are discretionary remedies. In the present case, the appellants had not approached the Court immediately after the allotment of shops and permitted the various allottees to take possession of the allotted shops and continue carrying on their business. In the given circumstances, we find no infirmity in the decision of the learned Single Judge in declining to exercise discretion to entertain the petition as challenged. 3. The appeal is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SD List No.: 1 Sl No.: 30