- 1 - HC-KAR NC: 2026:KHC:30525 WP No.26075 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.26075 OF 2023 (APMC) BETWEEN: SHEEP REARING AND WOOL PRODUCERS AND TRADERS PROCESSING CO OPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT BURUDUKUNTE VILLAGE SUGURU POST, HIRIYURU TALUK CHITRADURGA - 577 546 REPRESENTED BY ITS SECRETARY MANJUNATH E S/O ERAPPA AGED ABOUT 50 YEARS. …PETITIONER (BY KUM. SRUTI CHAGANTI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING BANGALORE- 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR OF AGRICULTURAL MARKETING NO.16, 2ND RAJ BHAVAN ROAD BANGALORE - 560 001. 3. KARNATAKA CO-OPERATIVE SHEEP AND GOAT REARING SOCIETY MAHAMANDALANIYAMITHA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30525 WP No.26075 of 2023 KARNATAKA STATE AGRO CARNPRIVATE LIMITED BUILDING BELLARY ROAD, HEBBAL BANGALORE - 560 024 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 4. AGRICULTURAL PRODUCE MARKET COMMITTEE HIRIYURU CHITRADURGA - 577 599 REPRESENTED BY ITS SECRETARY. 5. KANAKASHREE SHEEP AND WOOL PRODUCERS CO-OPERATIVE SOCIETY KODIHALLI VILLAGE, HIRIYURU TALUK CHITRADURGA - 577 598 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. SRINIVAS KUMAR, HCGP FOR R1 AND R2; SRI. T. SWAROOP., ADVOCATE FOR R4; SRI. B.M. LOKESH., ADVOCATE FOR R5 R-3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO.KR.U.MAA.SA(Hi)/174/2023- 24 DATED 16/10/2023 PASSED BY R4, PRODUCED HEREWITH AS ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:30525 WP No.26075 of 2023 ORAL ORDER Petitioner-Co-operative Society, constituted for the purpose of carrying on the business of sheep rearing and wool production, who was issued with a license as per Annexure-E to undertake the management of Sheep and Goat Scientific Market at Hiriyuru, Chitradurga District, in furtherance to the resolution dated 25.02.2019 passed by the governing council of respondent No.3, is before this Court being aggrieved by purported unilateral action on the part of respondent No.3 in revoking the said licence with further direction to the petitioner-Society to hand over the management of the said Market to respondent No.5. 2. Learned counsel for the petitioner referring to the circular dated 24.01.2017 produced by the respondent No.4 along with the statement of objections as per Annexure-R1 submits that the Government had issued instructions in terms of the said circular enabling Mahamandali of respondent No.3 to identify and hand over the task of management of scientific sheep and goat market. In furtherance to the said circular dated 24.01.2017, a resolution was passed by the respondent No.3 on 25.02.2019 resolving to authorise petitioner herein to undertake the management. In furtherance to which an order dated 19.08.2019 came to be - 4 - HC-KAR NC: 2026:KHC:30525 WP No.26075 of 2023 passed as per Annexure-B. That the authorization so granted in favour of the petitioner was with certain terms and conditions enumerated thereunder. Petitioner who was thus authorized to undertake the management has been efficiently managing the said Sheep and Goat Scientific Market without any complaints or demur from anyone whomsoever. Things stood thus, on 16.10.2023, respondent No.4 issued a communication as per Annexure-F calling upon the petitioner to hand over the management of the said market to respondent No.5. Reference in the said letter indicate that such instruction was issued at the instance of the Personal Secretary to the Chief Minister. 3. Learned counsel for the petitioner further submits that there was no prior notice and no opportunity was granted to the petitioner before proceeding to issue the said communication in the nature of an order unilaterally terminating the license on the allegation of petitioner not being efficiently carrying on the task assigned. She emphatically submits that the perusal of the said order also indicate that the same is a result of malafide exercise of power, as the same has emanated apparently at the instance of Personal Secretary to the Chief Minister. She submits that during the pendency of this petition, respondent No.4 have also issued - 5 - HC-KAR NC: 2026:KHC:30525 WP No.26075 of 2023 work order in favour of the respondent No.5 on 16.10.2023 as per Annexure-F, which the petitioner intend to have quashed. As such, she has also filed an application in I.A.No.1/2026 seeking amendment and incorporation of additional prayer in that regard. Hence, seeks for allowing of the petition. 4. Sri. T. Swaroop, leaned counsel appearing for respondent No.4 submits that the order impugned was passed in the light of allegations of not discharging the obligation scientifically as required in terms of the licence. Hence, he submits that the respondent-Authority was constrained to cancel the same, and has assigned the responsibility to the respondent No.5. 5. Learned HCGP, on the other hand, submits that after issuance of the communication impugned, cancelling the license, work order has already been issued in favour of respondent No.5. Hence, seeks for dismissal of the petition. 6. Heard and perused the records. 7. There is no dispute of the fact that by virtue of an order dated 19.08.2019, as per Annexure-B the petitioner herein was assigned with the task of management of Sheep and Goat scientific Market at Hiriyur and a license in this regard was issued - 6 - HC-KAR NC: 2026:KHC:30525 WP No.26075 of 2023 as per Annexure-E, which is valid upto 31.03.2029. The impugned communication dated 04.10.2023 as per Annexure-G issued by the respondent No.3 addressed to the respondent No.4 indicated that upon the instruction issued by the Personal Secretary to the Chief Minister, vide letter dated 30.09.2023, he has called upon the respondent No.4-Secretary to take necessary action on the purported allegation of petitioner not discharging the obligation of managing the market. This has further culminated in issuance of a Communication dated 16.10.2023 produced at Annexure-F. 8. Thus, the communications dated 04.10.2023 as per Annexure-G and 16.10.2023 as per Annexure-F do not indicate in any manner whatsoever of petitioner having been issued with any notice or any enquiry having been conducted on the allegation of petitioner not discharging the responsibility of managing the market as required. 9. Further, perusal of said documents justifies the forceful submission of the learned counsel for the petitioner of the same being a result of malafide exercise of power. In that the said communication clearly appears to have emanated at the instruction of Personal Secretary of the Chief Minister. - 7 - HC-KAR NC: 2026:KHC:30525 WP No.26075 of 2023 10. Nothing is brought to the notice of this Court by the respondent regarding Personal Secretary to the Chief Minister having any authority or jurisdiction traceable to any provisions of law justifying he issuing such intimation for unilateral cancellation of license. 11. In that view of the matter, following: ORDER (i) Petition is disposed of. (ii) Impugned orders at Annexures-F, G and J dated 16.10.2023, 04.10.2023 and 16.10.2023 respectively are quashed. (iii) Respondent No.3 is at liberty to initiate such action as may be advised and required under law against the petitioner, if it is found that the petitioner is not complying with the terms of the license and the order, if any, shall be passed strictly in accordance with law after affording sufficient opportunity to the petitioner. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 22