Disposed

Sri Sadananda v. the State of Karnataka

Karnataka HC18 Aug 2020WP/20667/2017

Case brief

AI extract

What is this about?

Five writ petitions filed under Article 226 of the Constitution of India sought direction to restrain the Respondent Association from starting a vegetable wholesale business due to alleged violations of the Municipal Corporation Act, APMC Act, and Urban Development Act. A disproportionate number of separate writ petitions filed under this number, the Court held that the petitions became infructuou

What did the court decide?

The writ petitions were disposed of as infructuous since a license was already granted to the respondent Association and a related PIL was dismissed on similar facts.

Sri Sadananda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2020)

¶1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶2

DATED THIS THE 18^{T H} DAY OF AUGUST 2020

¶3

BEFORE

¶4

THE HON’BLE MR. JUSTICE M.NAGAPRASANNA

¶5

W.P.NOS.106935/2018 (GM-RES) AND W.P.NOS.108573-579/2019 C/W

¶6

W.P.NOS.20667-20671/2017 W.P.104958/2017 AND W.P.NOS.106529-538/2017

¶7

IN W.P.NOS.106935/2018 (GM-RES) & W.P.NOS.108573-579/2019

¶8

BETWEEN :

¶9

RAJU S/O BASAVANT PATIL, AGE : 39 YEARS, OCC: BUSINESS, R/O KANGALI B.K.BELAGAVI & NO.53/B, VEGETABLE MARKET, FORT ROAD, BELAGAVI, DST. BELAGAVI.

¶10

.. PETITIONER

¶11

(BY SRI SHARAD V.MAGADUM, ADVOCATE)

¶12

AND :

¶13

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU.

¶14

THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI.

¶15

THE BELAGAVI URBAN DEVELOPMENT AUTHORITY, BELAGAVI BY ITS COMMISSIONER.

¶16

¶17

THE BELAGAVI CITY CORPORATION, BELAGAVI BY ITS COMMISSIONER,

¶18

THE DIRECTOR, AGRICULTURAL PRODUCE MARKET COMMITTEE, BELAGAVI DISTRICT, BELAGAVI.

¶19

THE AGRICULTURAL PRODUCE MARKET COMMITTEE, FORT ROAD, APMC YARD, BELAGAVI, BY ITS SECDRETARY.

¶20

THE DEPUTY DIRECTOR, AGRICULTURAL MARKET COMMITTEE, BELAGAVI DISTRICT, BELAGAVI.

¶21

JAI KISAN WHOLESALE VEGETABLE MERCHANT’S ASSOCIATION R.S.NO.697/2, N.H.4 ROAD, BELAGAVI BY ITS SECRETARY.

¶22

... RESPONDENTS

¶23

(BY MISS.SEEMA NAIK, HCGP, FOR R.1, 2 & 5) (BY SRI M.A.HULYAL, ADV. FOR R.3)

¶24

(BY SRI JAGADISH PATIL, ADV. FOR R.4) (BY SRI MALLIKARJUN BASAREDDY ADV. FOR R.6 & 7) (BY SRI RAMACHANDRA MALI, ADV. FOR R.8)

¶25

THESE PETITIONS ARE FILED UNDER SECTION ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO DIRECT THE RESPONDENT NOS.5 TO 7 TO RESTRAIN RESPONDENT NO.8 FROM STARTING THE VEGETABLE WHOLESALE BUSINESS IN THE MARKET YARD ESTABLISHED IN SY.NOS.677, 678, 686/1, 686/2, 696/1, 697/2, 698/1 & 698/2 OF BELAGAVI AND FURTHER DIRECT RESPONDENT NO.4 TO TAKE ACTION TO DEMOLISH THE BUILDING CONSTRUCTED BY RESPONDENT NO.8 IN SY.NO.677, 678, 686/1, 686/2, 696/1, 697/2, 698/1 & 698/2, BEING IN VIOLATION OF THE PROVISIONS OF KARNATAKA MUNICIPAL CORPORATION ACT AND FURTHER TO RESTRAIN THE RESPONDENT NO.8 FROM PROCEEDING WITH THE CONSTRUCTION IN THE INTEREST OF JUSTICE AND EQUITY.

¶26

¶27

IN W.P.NOS.20667-20671/2017

¶28

BETWEEN :

¶29

SRI SADANANDA S/O SHIVAJI HUNKARIPATIL, AGED ABOUT 40 YEARS, OCC: BUSINESS, C/O SHOP NO.38, CANTONMENT, WHOLESALE VEGETABLE MERCHANTS, FORT ROAD, BELAGAVI, TALUK & DIST: BELAGAVI-590016.

¶30

SRI BASANGOUDA, S/O BHIMANGOUDA PATIL, AGED ABOUT 60 YEARS, OCC: BUSINESS, C/O SHOP NO.13, CANTONMENT, WHOLESALE VEGETABLE MERCHANTS, FORT ROAD, BELAGAVI, TALUK & DISTRICT BELAGAVI. REP. BY HIS GPA HOLDER, SRI MAHESH (PETITONER NO.5) S/O RAMRAO HALGEKAR,3 R/O RUKMINI PALACE, PLOT NO.26, BLOCK NO.3, HINDWADI, TALUKA & DIST: BELAGAVI-590016.

¶31

SRI GAJANAN S/O MARUTI SHAHAPURKAR, AGED ABOUT 51 YEARS, OCC: BUSINESS, C/O SHOP NO.25 CANTONMENT, WHOLESALE VEGETABLE MERCHANTS, FORT ROAD, BELAGAVI TALUKA & DISTRICT BELAGAVI. REP. BY HIS GPA HOLDER, SRI MAHESH (PETITIONER NO.5) S/O RAMRAO HALGEKAR,3 R/O RUKMINI PALACE, PLOT NO.26, BLOCK NO.3, HINDWADI, TALUKA & DIST: BELAGAVI-590016.

¶32

SRI VITTAL S/O BHARMA ZANGARUCHE, AGED ABOUT 48 YEARS, OCC: BUSINESS,

¶33

¶34

C/O SHOP NO.25, CANTONMENT WHOLESALE VEGETABLE MERCHANTS, FORT ROAD, BELAGAVI, TALUK & DISTRICT : BELAGAVI-590016.

¶35

SRI MAHESH S/O RAMRAO HALGEKAR, AGED ABOUT 48 YEARS, OCC: BUSINESS, R/O RUKMININ PALACE, PLOT NO.26, BLOCK NO.3, HINDWADI, TALUK & DIST: BELGAVI-590016.

¶36

.. PETITIONERS

¶37

(BY SRI SANTOSH B.MALAGOUDAR, ADVOCATE)

¶38

AND :

¶39

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU-560001.

¶40

THE DIRECTOR OF AGRICULTURAL PRODUCE MARKETING, M.S.BUILDING, BENGALURU-560001.

¶41

THE COMMISSIONER, URBAN DEVELOPMENT AUTHORITY, BELAGAVI, BELAGAVI DISTRICT-590016.

¶42

THE DEPUTY COMMISSIONER, BELAGAVI, BELAGAVI DISTRICT-590016.

¶43

THE COMMISSIONER, THE BELAGAVI CITY CORPORATION, BELAGAVI, BELAGAVI DISTRICT-590016.

¶44

THE DEPUTY DIRECTOR, THE AGRICULTURAL MARKETING DEPARTMENT, BELAGAVI DIST: BELAGAVI-590016.

¶45

THE SECRETARY/ CHAIRMAN, AGRICULTURE PRODUCE MARKETING COMMITTEE, BELAGAVI, BELAGAVI DISTRICT-590016.

¶46

¶47

SRI K.K.BHAGAVAN, AGED MAJOR, R/O KILLA BAJI MARKET, P.B.ROAD, BELAGAVI, DIST: BELAGAVI-590016.

¶48

JAI KISAN WHOLESALE VEGETABLE MERCHANTS ASSOCIATION, RE. BY ITS SECRETARY, SRI K.K.BHAGAVAN,.

¶49

... RESPONDENTS

¶50

(BY MISS.SEEMA NAIK0, HCGP, FOR R.1, 2, 4 TO 6) (BY SRI S.BSHAIK, ADV. FOR R.3) (BY SRI ANAND SHETTY ADV. FOR R.7) (NOTICE TO RESPONDENT NO.8 : SERVED) (BY SRI RAMACHANDRA MALI, ADV. FOR R.9)

¶51

THESE PETITIONS ARE FILED UNDER SECTION ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED DECISION OF THE 3^RD RESPONDENT GRANTING PROVISIONAL APPROVAL FOR CONSTRUCTION OF PRIVATE MARKET YARD TO THE 8^{T H} RESPONDENT VIDE NO.BENAPRA/YO/ VNYASA/CR-14/2015-16/639 AS PER ANNEXURE-E DATED 16.05.2016, AS IT IS ARBITRARY, ILLEGAL AND VOID AND ONE WITH A MALAFIDE INTENTION AND IN VIOLATION OF THE PROVISIONS OF KARNATAKA AGRICULTURAL PRODUCE MARKETING (REGULATION AND DEVELOPMENT) ACT, 1966, THE AGRICULTURAL PRODUCE MARKETING (REGULATION) RULES 1968, KARNATAKA AGRICULTURAL PRODUCE MARKETING (REGULATION OF ALLOTMENT OF PROPERTY IN MARKET YARDS) RULES 2004, THE KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987 AND OTHER APPLICABLE ACTS AND SUCH OTHER RELIEFS.

¶52

¶53

IN W.P.104958/2017 & W.P.NOS.106529-538/2017

¶54

BETWEEN :

¶55

SATISH S/O RAJASHEKHAR PATIL AGE:37 YEARS, OCC:BUSINESS R/O:PLOT NO.5, BHARAT COLONY, KANABARAGI ROAD, M.M EXTENSION, BELAGAVI-590017 BELAGAVI.

¶56

NARAYAN BHIMRAO MUTAKEKAR AGE:58 YEARS, OCC:BUSINESS, R/O: APMC MARKET YARD, BELAGAVI.

¶57

SIDRAM YELLAPPA MUGALI AGE:38 YEARS, OCC:BUSINESS, R/O: JAMADAR GALLI, AT:POST:MARIHAL BELAGAVI, BELAGAVI.

¶58

SIDRAMGOUDA S/O NINGANAGOUDA PATIL, AGE: MAJOR, OCC:BUSINESS, R/O BELAGAVI, BELAGAVI.

¶59

SHANKARAGOUDA B.PATIL, AGE:65 YEARS, OCC: BUSINESS, R/O: KAMALESHWAR NAGAR, TQ & DIST:BELAGAVI. BELAGAVI.

¶60

SANGANAGOUDA C.PATIL AGE: 29 YEARS, OCC:BUSINESS, R/O GOUDAR ONI AT HULIKAVI, POST:BADAL ANKALAGI, TQ & DIST: BELAGAVI.

¶61

HEMANT KRISHNA PATIL AGE: YEARS, OCC: BUSINESS, R/O: APMC MARKET YARD, BELAGAVI.

¶62

LAXMAN A CHOPADE,

¶63

¶64

AGE:50 YEARS, OCC: BUSINESS, R/O: F-7, APMC MARKET YARD, BELAGAVI.

¶65

SHREEPAD S/O SURESH NARVEKAR, AGE: 32 YEARS, OCC: BUSINESS, R/O APMC MARKET YARD, BELAGAVI.

¶66

PRAMOD NAGESH ZANGRUCHE AGE: 42 YEARS, OCC:BUSINESS, R/O:ZANGRUCHE TRADING CO., APMC MARKET YARD, BELAGAVI.

¶67

ASHOK S PAWAR AGE: 50 YEARS, OCC: BUSINESS, R/O: 15/2, APMC MARKET YARD, BELAGAVI.

¶68

… PETITIONERS

¶69

(MISS.AKSHATA DEVARADDI, ADV. FOR SRI V.M.SEELAVANT ADV.)

¶70

AND :

¶71

THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI.

¶72

BELGAUM CITY MUNCIPAL CORPORATION BELAGAVI, REPRESENTED BY ITS COMMISSIONER.

¶73

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT MINI VIDHAN SOUDHA, BANGALURU.

¶74

AGRICULTURAL PRODUCE MATKET COMMITTEE REPRESENTED BY ITS SECRETARY, APMC YARD, FORT ROAD, BELAGAVI.

¶75

¶76

BELAGAVI URBAN DEVELOPMENT AUTHORITY BELAGAVI BY ITS SECRETARY.

¶77

JAI KISAN WHOLESALE VEGETABLE MERCHANT’S ASSOCIATION, R.S NO.697/2, N.H-4 ROAD, BELAGAVI, REPRESENTED BY ITS SECRETARY, SHRI KARIMSAB KHADARSAB BHAGVAN R/O:BELAGAVI.

¶78

THE DEPUTY DIRECTOR AGRICULTURAL MARKETING DEPARTMENT, BELAGAVI DISTRICT, BELAGAVI.

¶79

… RESPONDENTS

¶80

(BY MISS.SEEMA SHIVA NAIK, HCGP ADV. FOR R.1, R3, & R7) (BY SRI JAGADISH PATIL, ADV. FOR R.2) (BY SRI G.I.GACHCHINAMATH, ADV. FOR R.4) (BY SRI S.B.SHAIKH, ADV. FOR R.5)

¶81

(SRI RAMACHANDRA A.MALI, ADV. FOR R.6)

¶82

THESE PETITIONS ARE FILED UNDER SECTION ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH HE ORDER OF THE GOVERNMENT 3^RD RESPONDENT GRANTING APPROVAL FOR CONVERSION OF LAND USE FROM AGRICULTURAL TO NON AGRICULTURAL VIDE ORDER BEARING NO.NAE 315 BUD 2014 BANGALORE AT 11.12.2014 PRODUCED AT ANNEXURE-E AND THE APPROVAL ORDER BEARING NO.BENAPR/YO/ VINYASA/ CR-14/2015-16/639 DATED 16.05.2016 PRODUCED AT ANNEXURE-G ISSUED BY THE 5^TH RESPONDENT AND SUCH OTHER RELIEFS.

¶83

THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶84

¶85

: ORDER :

¶86

These writ petitions are filed seeking a direction to restrain the respondent-Jai Kisan Wholesale Vegetable Merchant’s Association from starting the vegetable wholesale business in the market yard established in Sy.Nos.677, 678, 686/1, 686/2, 696/1, 697/2, 698/1 & 698/2 at Belagavi on the ground that it is in violation of the provisions of Karnataka Municipal Corporation Act, the APMC Act and the Urban Development Act.

¶87

It is now brought to the notice of this Court that a petition on the same set of facts and seeking the same prayer had been filed before the Principal Bench of this Court as a public interest litigation in W.P.No.17562/2017 which came to be dismissed on 30.07.2020 as having become infructuous.

¶88

The dismissal of the said writ petition was on account of a memo filed for withdrawal by

¶89

¶90

the writ petitioners therein in the light of the fact that this Bench had passed an order directing the respondent-The Belagavi City Corporation to consider the applications filed by the petitioners therein for issuance of licence for construction of building within one month and the respondentThe Belagavi City Corporation therein was directed not to act upon earlier notice issued by it. The present respondent No.8-Association was respondent No.7 in the Public Interest Litigation.

¶91

It is further submitted that, on 11.02.2020 a licence is already granted to respondent No.8-Association to start the wholesale vegetable business. In the light of this development which is subsequent to the filing of these petitions, the present writ petitions have become infructuous.

¶92