Single Judge of High Court of Karnataka disposed of connected writ petitions concerning allotment of market premises. The Court declined substantive prayers, directing petitioners to apply legally for conversion of license to lease-cum-sale, referring to a prior decision.
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WP No. 107764 of 2014 C/W.WP.No. 107735, 107763 & 110682 of 2014.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 107764 OF 2014 (APMC-)
C/W
WRIT PETITION NO. 107735 OF 2014 WRIT PETITION NO. 107763 OF 2014 WRIT PETITION NO. 110682 OF 2014
IN WP.NO.107764/2014 BETWEEN:
M.K.AGRO ENTERPRISES
STALL NO. 32, APMC COMPLEX, DHARWAD BY ITS MANAGING PARTNER
SRI MUJIBBUR REHMAN S/O. ABDULWAHAB KITTUR AGE: 43 YEARS, OCC: BUSINESS R/O. BHARATI NAGAR, DHARWAD-580 001.
…PETITIONER
(BY SRI A.P.MURARI, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, ADVOCATE)
WP No. 107764 of 2014 C/W.WP.No. 107735, 107763 & 110682 of 2014.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES AT ANNEXURE-H DATED 11.06.2014 AND AT ANNEXURE-J DATED 09.07.2014 ISSUED BY THE RESPONDENT NO.2 AND DIRECT THE RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER FOR ALLOTMENT OF THE PETITION PREMISES ON 'AS IS WHERE IS' BASIS, BY OUTRIGHT SALE OR ON LEASE-CUM-SALE BASIS AS IS DONE IN RESPECT OF OTHER SHOPS AND GODOWNS AND OPEN SITES IN MRUTYUNJAY MARKET YARD (OLD MARKET YARD), DHARWAD.
IN WP.NO.107735/2014 BETWEEN
S.R.SUBRAMANYAM S/O. RAJGOPAL SHETTY, AGE: 64 YEARS, OCC: BUSINESS, R/O. SHAKTI NAGAR, 2ND CROSS, GANDHINAGAR, DHARWAD-580 004.
...PETITIONER
(BY SRI A.P.MURARI, ADVOCATE)
AND
…RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES AT ANNEXURE-D DATED 11.06.2014 AND AT ANNEXURE-E DATED 09.07.2014 ISSUED BY THE
WP No. 107764 of 2014 C/W.WP.No. 107735, 107763 & 110682 of 2014.
RESPONDENT NO.2 AND ISSUE WRIT OR DIRECTIONS IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER FOR ALLOTMENT OF THE PETITION PREMISES ON 'AS IS WHERE IS' BASIS, BY OUTRIGHT SALE OR ON LEASECUM-SALE BASIS AS IS DONE IN RESPECT OF OTHER SHOPS AND GODOWNS AND OPEN SITES IN MRUTYUJAY MARKET YARD (OLD MARKET YARD), DHARWAD.
IN WP.NO.107763/2014 BETWEEN
A.A.SAWAR S/O. ABDUL KHADAR AGE: 76 YEARS, OCC: BUSINESS, R/O. OPP. AMBEDKAR HOSTEL, MARATHA COLONY, DHARWAD-580 008.
...PETITIONER
(BY SRI A.P.MURARI, ADVOCATE)
AND
…RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES AT ANNEXURE-D DATED 11.06.2014 AND AT ANNEXURE-E DATED 09.07.2014 ISSUED BY THE RESPONDENT NO.2 AND ISSUE WRIT OR DIRECTIONS IN THE
WP No. 107764 of 2014 C/W.WP.No. 107735, 107763 & 110682 of 2014.
NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER FOR ALLOTMENT OF THE PETITION PREMISES ON 'AS IS WHERE IS' BASIS, BY OUTRIGHT SALE OR ON LEASECUM-SALE BASIS AS IS DONE IN RESPECT OF OTHER SHOPS AND GODOWNS AND OPEN SITES IN MRUTYUNJAY MARKET YARD (OLD MARKET YARD), DHARWAD.
IN WP.NO.110682/2014 BETWEEN
IQBAL AHEMAD S/O KHADARSAB MAKANDAR, AGE:38 YEARS, OCC:WELDING BUSINESS, R/O: JAKANIBHAVI ROAD, MAKAN GALLI, DHARWAD.
...PETITIONER
(BY SRI A.P. MURARI, ADVOCATE)
AND
…RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OR ORDER IN THE NATURE OF CERTIORARI QUASHING THE NOTICE AT ANNEXURE-N DATED:09.07.2014, ISSUED BY THE RESPONDENT NO.2 AND ISSUE WRIT OR DIRECTIONS IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE
WP No. 107764 of 2014 C/W.WP.No. 107735, 107763 & 110682 of 2014.
RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER FOR ALLOTMENT OF THE PETITION PREMISES ON 'AS IS WHERE IS' BASIS, BY OUTRIGHT SALE OR ON LEASECUM-SALE BASIS AS IS DONE IN RESPECT OF OTHER SHOPS AND GODOWNS AND OPEN SITES IN MRUTYUJAY MARKET YARD (OLD MARKET YARD), DHARWAD.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The question raised in these writ petitions are covered by a decision rendered by this Court in Writ Petition No.201394/2022 (APMC).
WP No. 107764 of 2014 C/W.WP.No. 107735, 107763 & 110682 of 2014.
application requesting the authorities to convert its lease and license into a lease-cum-sale agreement.
No.107764/2014 shall continue to enure to the benefit of petitioner till consideration of the application of the petitioner for consideration by the APMC.
sd JUDGE
CKK
2 issues framed by the court
Whether the petitioners are entitled to a direction for allotment of premises on 'as is where is' basis by outright sale or lease-cum-sale.
Whether the petitions for allotment of premises covered by a previous decision rendered by this Court.
Colour shows how this judgement treated each authority
Writ Petition No.201394/2022 (APMC)Followed¶64
1 provisions across 1 enactments
M.K. Agro Enterprises
Agricultural Produce Market Committee, Dharwad
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
