Disposed

Sri Kyathappa S v. State of Karnataka

Karnataka HC6 Nov 2024WP/10953/2024

Case brief

AI extract

What is this about?

Writ petition challenging a notification regarding APMC land allocation. Court directed APMC to establish a flower sub-market yard on 20 acres allotted at Yeluvanahalli within 20 months and file a compliance affidavit. Pending applications disposed.

What did the court decide?

Directed APMC to establish flower sub-market yard on 20 acres within 20 months and file compliance affidavit upon expiry of the period.

Sri Kyathappa S Vs State of Karnataka — Constitutional and Fundamental Rights | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:44695 WP No. 10953 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

¶6

WRIT PETITION NO.10953 OF 2024 (APMC)

¶7

BETWEEN:

¶8

SRI KYATHAPPA S S/O SHETTAPPA AGED ABOUT 76 YEARS AGRICULTURIST R/AT CHAMBALLI VILLAGE KASABA HOBLI CHIKKABALLAPURA - 562 101

¶9

SRI G M SRIDHAR S/O MUNISHNAPPA AGED ABOUT 37 YEARS R/O MUSTOOR

¶10

CHIKKABALLAPURA - 562 101.

¶11

Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka

¶12

(BY SRI. M SHIVAPRAKASH., ADV.)

¶13

…PETITIONERS

¶14

AND:

¶15

STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001

¶16

THE ADDITIONAL CHIEF SECRETARY APMC AND DEPARTMENT OF COOPERATIVE STATE OF KARNATAKA, VIDHANA SOUDHA BANGALORE - 560 001

¶17

¶18

NC: 2024:KHC:44695 WP No. 10953 of 2024

¶19

THE PRINCIPAL SECRETARY DEPARTMENT OF CO OPERATIVE AND APMC STATE OF KARNATAKA, VIDHANA SOUDHA BANGALORE - 560 001

¶20

THE DIRECTOR AGRICULTURAL PRODUCE MARKETING COMMITTEE NO.16, 2ND RAJBHAVAN ROAD BANGALORE - 560 001

¶21

THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101

¶22

AGRICULTURE PRODUCE MARKETING] COMMITTEE, APMC, SUB MARKET CHIKKABALLAPURA – 562 101 REP BY ITS SECRETARY …RESPONDENTS

¶23

(BY SMT.HEMALATHA V., AGA FOR R1 TO R5; SRI.NANDA KISHORE, ADV. FOR R6)

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF GRANTING PERMISSION VIDE REPRESENTATION BEARING NO.KRU.MA.E/NIYAVI/MISC/73/2021 DTD 15.02.2024.

¶25

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶26

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

¶27

¶28

NC: 2024:KHC:44695 WP No. 10953 of 2024

¶29

ORAL ORDER

¶30

The prayer in this Writ Petition is to quash the impugned Notification issued by respondent No.4 dated 15.02.2024 vide Annexure-K, insofar as petitioners is concerned.

¶31

A prayer is also made to issue a direction to the respondent – Agricultural Produce Marketing Committee (for short, ‘ AMPC’ ) as well as to the Government to examine the entire matter independently and to take appropriate decision to provide good infrastructure to the existing APMC market at Chikkaballapura.

¶32

An affidavit was filed on 19.08.2024 by the Director of APMC stating that a proposal has been submitted to the Government to direct the Horticulture department to hand over land to an extent of 20 acres in Yeluvanahalli village of Nandi hobli of Chikkaballapura taluk to the APMC Chikkaballapura

¶33

¶34

NC: 2024:KHC:44695 WP No. 10953 of 2024

¶35

to establish a new flower market with all necessary facilities.

¶36

Thereafter, another affidavit was filed on 22.10.2024 by the Director of APMC stating that the Horticulture Department has, in fact, allotted 20 acres of land to the APMC in different survey numbers in Yeluvanahalli village by an order dated 04.0.2024 and the vacant possession would also be handed over to respondent No.6 in the coming weeks. In this affidavit, it was also stated that in order to develop said land, it would require a period of 20 months from the date of possession having been handed over to the APMC.

¶37

It is thus clear that the APMC has taken a positive stand that they would be establishing a flower submarket yard in the 20 acres of land that had been allotted to them at Yeluvanahalli village.

¶38

5 - NC: 2024:KHC:44695 WP No. 10953 of 2024

¶39

Today a Memo is filed by respondent No.6 stating

¶40

that possession of this extent of 20 acres was also handed over by the Horticulture Department to the APMC, Chikkaballapura on 05.11.2024.

¶41

As a consequence of this possession being delivered, it is obvious that the APMC will have to abide by its undertaking to establish a market yard within a period of 20 months from 05.11.2024. The petition is, therefore, disposed of directing the APMC to abide by its undertaking given in the affidavit dated 22.10.2024 and establish a flower sub-market yard in the 20 acres of land which has been handed over to it by the Horticulture Department on 05.11.2024.

¶42

The Director of the APMC shall file a compliance affidavit in this Writ Petition on the expiry of 20 months and if no affidavit of compliance is made, the same shall be posted before this Court.

¶43

¶44

NC: 2024:KHC:44695 WP No. 10953 of 2024

¶45

In the event any impediments are encountered in establishing the flower market yard, the Director shall file an affidavit in this Writ Petition and also seek extension of time.

¶46

In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

¶47

Sd/-

¶48

(N S SANJAY GOWDA) JUDGE

¶49

HNM

¶50

List No.: 1 Sl No.: 20

Sri Kyathappa S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Kyathappa S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Bettaswamy Vs Sri Gangaiah

Smt. Fakrumbi Vs the Tahasildar

The Branch Manager Vs Smt. Mahadevi

The Divisional Manager, Vs Jayalakshmamma

Sri. Girish. G. v. Vs Nishara Public School

Mahadevi Vs Dinesh B N