- 1 - HC-KAR CNR: KAHC010545592026 NC: 2026:KHC:42804 WP No. 24911 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24911 OF 2026 (APMC) BETWEEN: NADAPRABHU SRI KEMPEGOWDA FLOWER MERCHANTS ASSOCIATION ®, REGISTERED UNDER KSR ACT, NO.1, AGRAHARA TANK BUND ROAD, BINNYPETE, BENGALURU - 560 023. REPRESENTED BY ITS SECRETARY, MAHESHGOWDA M. …PETITIONER (BY SRI. MANJEGOWDA D.S., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, M.S. BUILDING, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010545592026 NC: 2026:KHC:42804 WP No. 24911 of 2026 DR.AMBEDKAR VEEDI, BENGALURU - 560 001. 3. THE DIRECTOR, DEPARTMENT OF AGRICULTURAL MARKETING, NO.16, 2ND RAJ BHVAN ROAD, SHIVAJI NAGAR, BENGALURU - 560 001. 4. THE SECRETARY, SPECIAL APMC FOR FRUITS, FLOWERS AND VEGETABLES, AGRAHARA, TANK BUND ROAD, BINNY PETE, BENGALURU - 560 023. …RESPONDENTS (BY SRI.T.SWAROOP, ADVOCATE FOR R4; SRI.MANJUNATH RAYAPPA, AGA FOR R1 - R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION AND THEREON ISSUE THE FOLLOWING A) A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER QUASHING THE IMPUGNED ORDER BEARING NO. HAHUMATA (V) KRUUMASA (BEN)/285/2026-27, DATED 18.06.2026 PASSED BY THE RESPONDENT NO.4 (ANNEXURE-Q) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010545592026 NC: 2026:KHC:42804 WP No. 24911 of 2026 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. The petitioner - a registered association of flower merchants is before this Court being aggrieved by the communication dated 18.06.2026 produced at Annexure-Q issued by respondent No.4, calling upon the petitioner to pay 50% of leave and licence fee which was exempted earlier on account of COVID-19 pandemic. 2. The petitioner submits that 50% concession on the leave and licence was granted pursuant to the recommendation made by the respondent - State Government in terms of the proceedings dated 03.07.2021. He further contends that since 50% concession was granted pursuant to the Government Order, respondent No.4 could not have withdrawn the said concession, merely for the reason of similar demands for concession would be made by other licencees. He also refers to the document at Annexures - L, M, N and P to contend that concession payment of leave and licence fee - 4 - HC-KAR CNR: KAHC010545592026 NC: 2026:KHC:42804 WP No. 24911 of 2026 has been extended to entities similarly situated as that of the petitioner and selectively denying such concession to the petitioner amounts to discrimination. Hence, he seeks for allowing of the petition. 3. Sri.T.Swaroop, learned counsel appearing for respondent No.4 submits that the petition itself is not maintainable, inasmuch as, the leave and licence which was granted on 03.07.2021 was for a period of 55 months, which has stood expired and the petitioner has already enjoyed the concession granted. Renewal of such licence is subject to provisions provided under the Act and Rules and on the petitioner satisfying the compliance thereof. As such, the petitioner cannot as a matter of right, claim extension of leave and licence and concession to be granted thereof. 4. He refers to the Proviso to Rule 13 of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 to submit that - 5 - HC-KAR CNR: KAHC010545592026 NC: 2026:KHC:42804 WP No. 24911 of 2026 petitioner is at liberty to make representation to respondent No.4 - Market Committee seeking extension of leave and licence for another period of 55 months, subject to satisfaction of the Market Committee, the same would be considered in accordance with law. 5. Learned counsel for the petitioner at this juncture submits that a liberty may be reserved to the petitioner to make a representation seeking extension of leave and licence and also to request for concession of licence fee. 6. Submission of the learned counsel for the petitioner is placed on record. 7. In the light of the aforesaid submissions and the facts narrated above, without expressing any view on the merits or otherwise of the claim being made by the petitioner, the petition is disposed of, reserving liberty to the petitioner to make a representation to the respondent No.4 - Market Committee seeking extension of leave and licence as well as concession for COVID-19 period. - 6 - HC-KAR CNR: KAHC010545592026 NC: 2026:KHC:42804 WP No. 24911 of 2026 8. If such representation is made within 30 days from the date of receipt of certified copy of this Order, respondent No.4 - Market Committee shall consider the same in accordance with law and pass an appropriate order and communicate the same within an outer limit of 90 days from the date of receipt of such representation. SD/- (M.G.S. KAMAL) JUDGE GH List No.: 1 Sl No.: 19