- 1 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 6792 OF 2026 (APMC) BETWEEN: SRI D BHAREMEGOWDA S/O RAMANNA GOWDA, AGED ABOUT 74 YEARS, R/AT. NO.27, SRI. BASVESHWARAIAH NILAYA, BEHIND MANGALA MANDIRA, NEAR VILASA SCHOOL, ALKOLLA, SHIVAMOGGA - 577 204. …PETITIONER (BY SRI. VARUN J PATIL AND SRI. A MOHAMMAD TAHIR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURAL PRODUCE, MARKET COMMITTEE, VIDHAN SOUDHA, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY 2. THE DIRECTOR OF AGRICULTURAL MARKETING COMMITTEE, GOVERNMENT OF KARNATAKA, NO.16, II, RAJ BHAVAN ROAD, BENGALURU 560 001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 3. THE AGRICULTURAL PRODUCE MARKET COMMITTEE, P.B NO.72, APMC YARD, SAGAR ROAD, SHIVAMOGGA - 577 201. REPRESENTED BY ITS SECRETARY. 4. SRI. D HANUMANTHE GOWDA, S/O LATE SRI. S.D.MURIGAPPA, AGED ABOUT 75 YEARS, R/O H NO.480, SRI RAMESWARA NILAYA, III CROSS, TILAK NAGAR, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SMT. RASHMI RAO.,HCGP FOR R1 AND R2; SRI. T SWAROOP.,ADVOCATE FOR R3; NOTICE TO R4 IS DISPENSED WITH V/O DATED 10/03/2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, OR ORDER, QUASHING THE IMPUGNED ORDER BEARING NO.KRAMAI/KAIUMASA (SHE)/LAI.V/2043/2025-26 DATED 23.01.2026 PASSED BY THE RESPONDENT NO.3 ATANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent Nos.1 and 2. 2. Sri. T Swaroop, learned counsel accepts notice for respondent No.3. 3. Since the matter is disposed of at the stage of preliminary hearing, notice to respondent No.4 is dispensed with, as no adverse order is passed against the said respondent. Brief facts: 4. The petitioner has approached this Court aggrieved by the order dated 23.01.2026 (Annexure-J) passed by respondent No.3 - Agricultural Produce Market Committee (for short 'APMC'), whereby respondent No.3 directed issuance of the trade license in favour of respondent No.4 and cancelled the trade license of the petitioner. - 4 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 5. The material on record shows that Site No.F-7, measuring 60ft X 100ft in APMC Yard, Shivamogga was originally allotted in favour of M/s Soraturu Murigeppa and Company under a sale deed dated 12.12.1973. The said partnership firm comprised of several partners including the petitioner. It is stated that the partners mutually agreed to dissolve the partnership and resolved to transfer the schedule property and all documents relating to schedule property in favour of the petitioner. Pursuant thereto, a draft sale deed was executed on 14.05.1984 and signed by all partners, confirming the transfer of the schedule property to the petitioner. However, the said document was not registered. According to the petitioner, since then he has been in continuous possession and enjoyment of the schedule property. 6. It is further stated that in the year 2011, respondent No.3 issued a trade license in favour of respondent No.4 on basis that 'Soraturu Murigeppa' was a commission agent and Mandi merchant owned by his - 5 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 father Murigeppa, as proprietor, without referring to the partnership firm M/s Soraturu Murigeppa and Company. 7. Aggrieved by the same, the petitioner lodged a complaint before the authorities. After conducting an enquiry, respondent No.3 revoked/cancelled the license granted in favour of respondent No.4. 8. Respondent No.4 challenged the order of cancellation before the Appellate authority in Appeal No.76/2017, which came to be dismissed. Respondent No.4 had also instituted a civil suit seeking declaration and possession which came to be dismissed as not maintainable and the said order has attained finality. 9. Being aggrieved by the dismissal of the appeal, respondent No.4 approached this Court in W.P.No.1164/2021. This Court by order dated 25.09.2025, set aside the order passed by the Appellate authority and granted liberty to the petitioner to approach the competent Civil Court to establish his claim. - 6 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 10. It is stated by the petitioner that respondent No.2 misconstrued the order passed by this Court in W.P.No.1164/2021 and issued a communication dated 08.01.2026, directing respondent No.3 to issue the trade license in favour of respondent No.4 and cancel the trade license of the petitioner. Acting upon the said communication, respondent No.3 passed the impugned order dated 23.01.2026 (Annexure-J), canceling the trade license of the petitioner on the ground that two licenses cannot be issued in favour of two persons for the same premises. 11. Learned counsel appearing for the petitioner submits that respondent No.3 has totally misconstrued the order passed in W.P.No.1164/2021 dated 25.09.2025. It is contended that this Court has not declared respondent No.4 as the owner of the schedule property, but had merely set aside the earlier resolution and granted liberty to the parties to approach the Civil Court for adjudication of their rights. - 7 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 12. It is further submitted that the impugned order canceling the trade license of the petitioner has been passed without properly appreciating the directions issued by this Court. It is also brought to the notice of this Court that the petitioner has already instituted suit in O.S.No.38/2026 before the competent Civil Court seeking appropriate relief and the matter is presently pending adjudication. 13. This Court has carefully considered the contentions and perused the materials placed on record. 14. It is undisputed that this Court in W.P.No.1164/2021 had set aside the impugned resolution, and the consequential orders passed by the authorities. While doing so, liberty was granted to the petitioner to approach the appropriate forum to establish his claim. The operative portion of the order dated 25.09.2025 in W.P.No.1164/2021 is culled out as under: - 8 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 “Hence, writ petition is allowed, impugned Resolutions bearing no.12(1) to 12(4) dated 30.03.2012 passed by respondent no.3 as per Annexure-H; order dated 25.10.2019 passed by respondent no.2 in no.Kruma-E-Abhivi- 1/Appeal/76/2017 as per Annexure-S and order dated 14.10.2019 passed by respondent no.8 in noMun.RP.20/2017-18 as per Annexure-T are quashed. However, respondent no.9 would be at liberty to approach appropriate forum, establish his claims and thereafter approach respondent authorities, if so desired." 15. Thus, this court had only granted liberty to establish their rights before the competent forum. When such liberty has been granted, the authorities ought to have awaited the adjudication by the competent Civil Court. However, respondent No.3 proceeded to pass the impugned order dated 23.01.2026, canceling the trade license of the petitioner on the ground that two licenses cannot be issued in favour of two persons. 16. It is brought to the notice of this Court that the petitioner had already instituted a civil suit in - 9 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 O.S.No.38/2026 and the matter is presently pending before the Civil Court. In view of the pendency of the civil proceedings, the impugned order passed by respondent No.3 dated 23.01.2026 (Annexure-J) must necessarily be made subject to the final outcome of the civil suit. 17. With the above observations, this Court pass the following: ORDER i) The writ petition stands disposed of. ii) It is clarified that the order dated 23.01.2026 (Annexure-J) shall be made subject to final outcome of the civil suit in O.S.No.38/2026 pending before the competent Civil Court. iii) The Civil Court shall decide the matter independently and without being influenced by any observations made by this Court or - 10 - HC-KAR NC: 2026:KHC:14219 WP No. 6792 of 2026 the impugned order passed by the revenue authorities. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 18