Dismissed

R.Thimmaiah Setty S/O.Late R.Vithoba Setty, v. Agricultural Produce Marketing Committee, Manvi

Karnataka HC13 Aug 2012WP/80033/2010

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition seeking to quash a resolution allotting vacant market yard shops. The court held there was no justifiable ground to interfere as the petitioner had previously acquired a shop and retired; re-applying as an individual was impermissible.

What did the court decide?

The writ petition to quash Resolution No. 4(10) was dismissed and the allotment was confirmed.

R.Thimmaiah Setty S/O.Late R.Vithoba Setty, Vs… — Property and Title | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 13^TH DAY OF AUGUST 2012

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BEFORE

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THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS

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WRIT PETITION No. 80033/2010 (APMC)

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BETWEEN :

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R THIMMAIAH SETTY S/O. LATE R VITHOBA SETTY AGED 61 YEARS OCC. MERCHANT & COMMISSION AGENTS, C/O. APARNA CHITRA MANDIRA COMPLEX SINDHANUR ROAD, MANVI RAICHUR DIST. … PETITIONER (BY Sri. P S MALIPATIL, ADV.) AND :

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AGRICULTURAL PRODUCE MARKETING COMMITTEE MANVI, REP. BY ITS SECRETARY SINDHANUR ROAD MANVI, RAICHUR DIST.

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BASAVESHWARA TRADERS MANVI, BY ITS PROPRIETOR SIDDALINGAPPA S/O. BASAVANA GOUDA AGE MAJOR R/O. MANVI RAICHUR DIST.

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MALLIKARJUNA TRADING COMPANY, MANVI BY ITS PROPRIETOR RAJASHEKAR GOUDA S/O. AMARE GOUDA POLICE PATIL AGE MAJOR, R/O. MANVI DIST. RAICHUR.

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RAJA RAM TRADERS, MANVI BY ITS PROPRIETOR SEEMA RAM S/O. LIMBA RAM AGE MAJOR R/O. MANVI DIST. RAICHUR.

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HARVI BASAVESHWARA TRADERS, MANVI BY ITS PROPRIETOR M CHANDRASHEKAR S/O. BASAVARAJAPPA AGED MAJOR, R/O. MANVI DIST. RAICHUR.

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MALLIKARJUNAPA TRADERS MANVI, BY ITS PROPRIEETOR RAJASHEKAR S/O. BASANA GOUDA AGE MAJOR R/O. MANVI DIST. RAICHUR.

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POORNIMA ENTERPRISES MANVI, BY ITS PROPRIETOR S L KESHAWA REDDY S/O. S G LINGA REDDY AGE MAJOR R/O. MANVI DIST. RAICHUR.

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Sri RAM RICE INDUSTRIES CHANGABHAVI BY ITS PROPRIETOR

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M SAROJA W/O. HARI BABU AGE MAJOR R/O. CHAGABHAVI R/O. MANVI DIST. RAICHUR.

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BHANDARI TRADERS MANVI, BY ITS PROPRIETOR LALITH KUMAR BANDARI S/O. BABU LAL BHANDARI AGE MAJOR R/O. MANVI DIST. RAICHUR.

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JAIHANUMAN AGRO FOODS MANVI, BY ITS PROPRIETOR SGARABANNA W/O. AMAREGOWDA V PATIL AGE MAJOR R/O. MANVI DIST. RAICHUR.

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AKSHAYA TRADING COMPANY MANVI, BY ITS PROPRIETOR HIRE GOUD S/O. BASAVARAJAPPA AGE MAJOR R/O. MANVI DIST. RAICHUR.

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R R TRADERS, MANVI BY ITS PROPRIETOR M V RAMA RAO S/O. M MADHAVA RAO AGE MAJOR R/O. MANVI DIST. RAICHUR.

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BASAVA TRADERS, MANVI BY ITS PROPRIETOR RAMAKRISHNA S/O. THIPPANNA

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AGE MAJOR R/O. MANVI DIST. RAICHUR.

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RAMAKRISHNA TRADERS CHAGABHAVI BY ITS PROPRIETOR G PAPARAO S/O. THIPPANNA AGE MAJOR R/O. CHAGABHAVI MANVI DIST. RAICHUR.

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SURYA CHANDRA FOOD PROCESSING INDUSTRIES MANVI, BY ITS PROPRIETOR B BANUKIRAN S/O. B RAMAKRISHNA AGE MAJOR R/O. MANVI DIST. RAICHUR.

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SAPTHAGIRI INDUSTRIES MANVI, BY ITS PROPRIETOR R P RAJESHWARI W/O. R PURUSHOTHAMA SETTY AGE MAJOR R/O. MANVI DIST. RAICHUR.

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VENKATA SAI AGRO INDUSTRIES MANVI, BY ITS PROPRIETOR G SUBBA RAO CHOUDRY S/O. RAMABRAHMANDA RAO AGE MAJOR R/O. MANVI DIST. RAICHUR.

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RAMDEV TRADING COMPANY MANVI, BY ITS PROPRIETOR BABULAL, S/O. SONA LAL AGE MAJOR

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R/O. MANVI DIST. RAICHUR. … RESPONDENTS

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(BY Sri. MALLIKARJUN C BASAREDDY, ADV., FOR R-1 R-5,6,8,9,10,12,14,15,16,17 SD.

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PETITION STANDS REJECTED AS AGAINST R-2,3,4,7,11,13,18 VIDE ORDER DATED 23.07.2010)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO QUASH THE IMPUGNED RESOLUTION No. 4(10) DATED 01.12.2009 PASSED BY RESPONDENT No.1 AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT PASSED THE FOLLOWING

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O R D E R

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In this writ petition the petitioner has prayed for a writ in the nature

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of certiorari to quash the resolution No. 4(10) dated 01.12.2009 as per Annexure D allotting shops in the market yard at Manvi to respondent Nos. 2 to 18.

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For a long time the 17 shops in the market yard at Manvi

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remained vacant and had reached a stage of dilapidation. At that time respondent No. 1 invited applications from eligible traders for allotment. As against 17 vacant shops respondent No. 1 received 19 applications. By considering the merit of applicants respondent No. 1 allotted 17 shops to

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respondent Nos. 2 to 18. Aggrieved by this allotment the petitioner is before this Court.

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Respondent No.1 has entered appearance and filed statement of objections inter alia contending that on earlier occasion respondent No.1 allotted one shop to the petitioner as per Annexure R-1 in the year 2002. The petitioner acquired one shop in the year 2002 as managing partner of a firm called R. Vittobaaiah Setty and Sons. Even if the petitioner has retired from this firm he cannot have any objection for the allotment of the shops in favour of respondent Nos. 2 to 18. At one time petitioner claimed a shop as managing partner of a firm. Dissolving the said firm and again approaching the respondent No.1 on the ground that he is not having a shop is impermissible under law. I find no justifiable ground to interfere with the impugned order. Accordingly, the writ petition is hereby dismissed.

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Sd/JUDGE.

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LRS.

R.Thimmaiah Setty S/O.Late R.Vithoba Setty, v. Agricultural Produce Marketing Committee, Manvi

Case brief

What is this about?

What did the court decide?

R.Thimmaiah Setty S/O.Late R.Vithoba Setty, v. Agricultural Produce Marketing Committee, Manvi

Case brief

What is this about?

What did the court decide?

What the court decided

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