This is an office order dismissing a writ petition challenging the refusal to allot a shop/plot. The High Court held that the petitioners already hold possession of another plot in the same city, preventing further allotment or conversion of tenure, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:14473 WP No. 106432 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 106432 OF 2014 (APMC)
BETWEEN:
BY ITS PROPRIETOR, VIRUPAKSHAPPA S/O. SHIVAMURTHAPPA MATTI, AGED ABOUT 59 YEARS, SHOP NO.1,
APMC YARD, DHARWAD.
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
GENERAL MERCHANTS AND COMMISSIONER AGENT, BY ITS PROPRIETOR, LAMBAJIRAO JADHAV S/O. JYOPHIBA, AGED ABOUT 90 YEARS,
GINNING SHED, APMC YARD, DHARWAD.
…PETITIONERS
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. C.V. ANGADI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER, QUASHING THE ORDER PASSED BY THE 1ST RESPONDENT BEARING NO.KRUMAE/177/ABHIVRUDHI-3/03 DATED 29.06.2012 IN SO FAR AS THE PETITIONERS ARE CONCERNED VIDE ANNEXURE-H AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner Nos.2 to 6 in the instant writ petition have challenged the action of respondent parties, wherein the petitioners have been directed to vacate the go-downs / shops / plots allotted to them.
herein to vacate their go-downs / shops / plots allotted to them and have refused to convert their leave and licence tenure into a lease cum sale agreement, on the ground, the petitioners are already in possession of another godowns / shops / plots in the market yard in the same city.
For the aforementioned reason, the writ petition is
hereby dismissed.
Sd/JUDGE
RSH / Ct-mck LIST NO.: 1 SL NO.: 31
1 issue framed by the court
Whether the petitioners, who already possess another godown/shop/plot in the same city, can be converted from leave and licence tenure to a lease cum sale agreement for a different plot.
Colour shows how this judgement treated each authority
W.P. No.102613/2015Referred¶35
Sri. Jayabharathi Traders
The Joint Director, (Planning) Agricultural Produce Planning Department
The Agricultural Produce Marketing Committee
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
