Dismissed

Sri Mallikarjun Enterprises v. the State of Karnataka

Karnataka HC17 Nov 2023WP/100085/2022

Case brief

AI extract

What is this about?

Writ petition challenging public auction of corner sites in a market yard for allotment to general category without reserving any for scheduled castes, tribes or other backward classes under Rule 9 of the Karnataka Agricultural Marketing Rules 2004. Petitioner contended violation of constitutional articles. Court held rules do not mandate reservation for corner sites and dismissed petition.

What did the court decide?

Writ petition challenging the auction of corner sites in the market yard at Hubballi without reservation for weaker sections is dismissed.

Sri Mallikarjun Enterprises Vs the State of… — Public Procurement and Tenders | Karnataka HC (2023)

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NC: 2023:KHC-D:13388 WP No. 100085 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 100085 OF 2022 (APMC-)

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BETWEEN:

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SRI MALLIKARJUN ENTERPRISES, R/BY ITS LICENSE HOLDER, SHRI VISHWANATH S/O. MALLESHAPPA BUDUR, AGE: 33 YEARS, OCC: VEGETABLE VENDOR/MERCHANT, R/AT: 46/47, KRUPA NAGAR, MANTUR ROAD, HUBBALLI-580020.

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…PETITIONER

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(BY SRI. NEEL PATEL, ADV. FOR SRI. GOURISHANKAR H. MOT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURAL CO-OPERATIVE MARKETING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

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ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T

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THE PRESENT, AGRICULTURAL PRODUCE MARKETING COMMITTEE (APMC), TQ: HUBBALLI-580025, DIST: DHARWAD.

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THE SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE (APMC), TQ: HUBBALLI-580025, DIST: DHARWAD.

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THE JOINT DIRECTOR, SOCIAL WELFARE DEPARTMENT, DHARWAD, DIST: DHARWAD.

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…RESPONDENTS

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(BY SRI. ASHOK KATTEMANI, AGA FOR R1 AND R4; SRI. C.S.PATIL, ADV. FOR R2 AND R3)

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2 - NC: 2023:KHC-D:13388 WP No. 100085 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH AND SET ASIDE THE OPEN AUCTION FOR ALLOTMENT OF APMC SITES/SHOPS/GODOWN AT HUBBALLI WHICH WILL BE HELD ON 12/01/2022 AS PUBLISHED IN SAMYUKTA KARNATAKA DAILY NEWSPAPER ON 21/12/2021 ISSUED ON 18/12/2021 ANNEXURE-E AS SAME IS VIOLATIVE OF ARTICLES 14, 15, 21 OF THE CONSTITUTION OF INDIA.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Aggrieved by the advertisement issued by

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respondent No.3 for auction of corner sites in the market

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yard, Hubballi, the present writ petition is filed.

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The case of the petitioner is that, respondent

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No.3 has sought to auction certain corner sites in the market yard, but in the process, has not reserved any of them for allotment to scheduled castes/scheduled tribes or other backward classes or for the weaker sections. Reliance is placed on Rule 17 of the Karnataka Agricultural Marketing (Regulation of Allotment of Property in Market yards) Rules 2004 (hereinafter referred to as the ‘Rules’) and contended that reservation has to be provided in

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3 - NC: 2023:KHC-D:13388 WP No. 100085 of 2022

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allotment of sites to the weaker sections of the society.

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Rule 17 of the above said Rules reads as under:

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“17. Reservation of Site, etc- (1) Out of the sites, shops, shop-cum-godown or godowns to be allotted by the market committee, such number as may be specified by the State Government from time to time shall be reserved in each category for allotment in favour of persons belonging to the scheduled caste and scheduled tribes.”

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(2) Out of sites, shops, shop-cum-godown or godown to be allotted by the market committee, about two per cent may be reserved in each category for allotment in favour of physically challenged person and Ex-Serviceman.

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i) The reservation prescribed under sub-rule (1) shall apply to each notification issued by the market committee for allotment, and any left over will not be carried forward for future allotment;

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ii) If sufficient numbers of applications are not received, the reserved sites, shops, shop-cumgodown or godowns shall be allotted to the market functionaries who have applied under general category;

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iii) The allotment process shall ensure that the allotment to the reserved category applicants is made on a continuous manner.

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iv) In case of death of the allottee, the rights may be transferred to his legal heirs;

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v) If the allottee does not continue as a licenced market functionary or violates any of the terms and conditions of allotment during the period of agreement, the allotted sites, shops, shop-cumgodown or godowns, building etc., shall be forfeited by the market committee in accordance with law.”

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NC: 2023:KHC-D:13388 WP No. 100085 of 2022

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3. However, it is noticed that the corner sites are

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sought to be auctioned under Rule 9. Rule 9 reads as under:

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“9. Allotment of corner site:-

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(1) Notwithstanding anything contained in Rule 3 but subject to Rules 4 and 5 and sub-rule (1) of Rule 7 corner site in the market yard shall be allowed through public auction on lease-cum-sale basis to any licensed market functionary. The procedure specified in sub-rules (1) and (2) of Rule 3 shall apply mutatis mutandis for such allotment.

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(2) Any person desirous of making an application under this rule shall make an application in Form-III along with an initial deposit which shall not be less than twenty-five per cent of the value of the site.

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(3) The highest bidder shall remit twenty-five per cent of the bid amount quoted by him after deducting the initial deposit already made within one week from the date of auction failing which the initial deposit made by highest bidder shall be forfeited and the second highest bidder will be given a chance for payment of such amount. In case the second highest bidder also fails to pay the amount the market committee shall hold re-auction.”

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4. Bare reading of the aforementioned provisions

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make it clear that the rules do not contemplate reserving corner sites in favour of any specific weaker sections of the society. There is no reservation for corner sites.

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5 - NC: 2023:KHC-D:13388 WP No. 100085 of 2022

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For the aforementioned reasons, the writ

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petition is hereby dismissed.

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Sd/JUDGE

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RH List No.: 1 Sl No.: 46

Sri Mallikarjun Enterprises v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Mallikarjun Enterprises v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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