Allowed

M/S Balaji Industries, v. State of Karnataka

Karnataka HC25 Oct 2023WP/106595/2016

Case brief

AI extract

What is this about?

The petitioner sought a writ mandamus directing respondents to issue an exemption certificate from market cess/fees under the Karnataka Agribusiness Development Policy 2011 and Section 65(6) of the AM Act 1966. The court held the petitioner entitled and directed issue of certificate.

What did the court decide?

Respondents No.2 and 5 directed to issue necessary exemption certificate under Section 65(6) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, within three months

M/S Balaji Industries, Vs State of Karnataka — Consumer Protection | Karnataka HC (2023)

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- 1 - NC: 2023:KHC-D:12511 WP No. 106595 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 106595 OF 2016 (APMC)

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BETWEEN:

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M/S. BALAJI INDUSTRIES, PLOT NO.162, BELUR INDUSTRIAL AREA, DHARWAD-11. REPTED BY ITS MANAGING PARTNER, K. SRINIVAS RAO, S/O. RADHAKRISHNA MURTHY, AGE: 45 YEARS, OCC: MANAGING PARTNER, R/O: PLOT NO.162, BELUR INDUSTRIAL AREA, DHARWAD-11.

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…PETITIONER

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(BY SRI MAHESH WODEYAR, ADVOCATE)

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AND:

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE, VIDHANA SOUDHA, BANGALORE-560001 REPRESENTED BY ITS SECRETARY.

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DIRECTOR, DEPARTMENT OF AGRICULTURAL MARKETING, NO.16, 2^ND FLOOR, RAJ BHAVAN ROAD, BENGALURU-01.

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DEPUTY DIRECTOR, DEPARTMENT OF AGRICULTURAL MARKETING, DHARWAD.

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JOINT DIRECTOR, DISTRICT INDUSTRIES & COMMERCE CENTRE, DHARWAD.

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NC: 2023:KHC-D:12511 WP No. 106595 of 2016

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SECRETARY, AGRICULTURAL PRODUCE MARKET COMMITTEE, SAVADATTI ROAD, DHARWAD-580006.

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…RESPONDENTS

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(BY SRI PRAVEEN UPPAR, AGA FOR R1 TO R4; NOTICE TO R5 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTION TO THE RESPONDENT NO.2 AND 5 TO EXEMPTION CERTIFICATE TO THE PETITIONER’S UNIT FROM PAYMENT OF MARKET CESS/FEE FOR A PERIOD OF 10 YEARS AS PER THE KARNATAKA AGRI-BUSINESS DEVELOPMENT POLICY 2011. AND ALSO AS PER THE SECTION 65(6) OF KARNATAKA AGRICULTURE PRODUCE MARKETING (REGULATIONS AND DEVELOPMENT) (AMENDMENT) ACT, 2013.

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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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The petitioner is in the business of production and trading in Ginning, Pressing, Yarning, Spinning and Weaving and has its industry in Belur Industrial Area, Dharwad. It requested for grant of exemption certificate to the Petitioner’s Unit for payment of market cess/fees for

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a period of ten years as per the Integrated Agribusiness Development Policy, 2011 and also as per Section 65(6) of the Karnataka Agricultural Produce Marketing Regulation

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3 - NC: 2023:KHC-D:12511 WP No. 106595 of 2016

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and Development (Second Amendment) Act, 2013. However, no exemption certificate has been issued by respondents No.2 and 5 in this regard. Aggrieved by the same, the present writ petition is filed.

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Learned Addl. Government Advocate, upon instructions submits that, the petitioner’s unit is entitled to the benefit as prayed for and they will be granted the said benefit and the exemption certificate as contemplated under Section 65(6) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, will be issued.

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Submission of the learned Addl. Government

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Advocate is placed on record.

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Hence the following:

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ORDER

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i. Respondents No.2 and 5 are directed to issue necessary certificate to the petitioner Industry after due verification

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4 - NC: 2023:KHC-D:12511 WP No. 106595 of 2016

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under the provisions of Section 65(6) of

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the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, within a period of three months from the date of receipt of certified copy of this order.

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ii. Further, till such certificate is issued by respondents No.2 and 5, the market cess/fees will not be collected from the petitioner.

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iii. Writ petition is disposed of accordingly.

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SD/JUDGE

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List No.: 1 Sl No.: 53

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gab CT-MCK

M/S Balaji Industries, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Balaji Industries, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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