Disposed

Jagannath Rao K R v. Agricultural Produce Market Committee

Karnataka HC18 Apr 2024WP/2034/2022

Case brief

AI extract

What is this about?

Purchaser of a site in an APMC yard through court auction sought entry in the market committee's property register and permission for electricity connection; the committee refused citing pending litigation with the original allottee. The High Court directed entry in the register and issuance of a no-objection for power supply, subject to the outcome of pending civil court proceedings.

What did the court decide?

Committee directed to enter petitioner's name in its property register and issue no objection for power supply within two months, subject to pending court proceedings.

Jagannath Rao K R Vs Agricultural Produce Market… — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:15506 WP No. 2034 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 2034 OF 2022 (APMC)

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BETWEEN:

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K.R.JAGANNATH RAO, S/O RATHNOJI RAO, AGED ABOUT 65 YEARS, PARTNER, R.R.TRADING COMPANY, APMC YARD, SAGAR ROAD, SHIVAMOGGA – 577 201.

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…PETITIONER

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(BY SRI. P.N. HARISH., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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AGRICULTURAL PRODUCE MARKET COMMITTEE, APMC YARD, SAGAR ROAD, SHIVAMOGGA – 577 201, BY ITS SECRETARY.

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…RESPONDENT

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(BY SRI. DR.NANDA KISHORE., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 13.7.2018 AND ENDORSEMENT DATED 31.8.2020 ISSUED BY THE RESPONDENT AS PER ANNEXURE - D AND E RESPECTIVELY AND THEREBY DIRECT THE RESPONDENT TO ENTER THE NAME OF THE

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NC: 2024:KHC:15506 WP No. 2034 of 2022

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PETITIONER IN ITS KATHA AND GRANT PERMISSION FOR ELECTRICITY CONNECTION TO THE SCHEDULE SITE FORTHWITH AND ETC.,

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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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Under a registered sale deed dated 27.04.2007, the respondentmarket committee conveyed the site bearing No.10 situated in APMC yard, Block -R, Shivamogga in favour of M/s.Talavane Arecanut Trading Company and others, and one of the conditions imposed in the sale deed was that the vendee shall sell or lease the schedule property along with the building built thereon, to the eligible market functionary carrying on the business in the market yard of the vendor i.e., the Market Committee. The vendee to construct the building mortgaged the site allotted to him in favour of the Karnataka Bank. The vendee after having constructed building, defaulted in payment of loan to the bank, which prompted the bank to initiate proceedings under SARFAESI Act.

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Given the circumstances, one M/s.Anagha Betel Nut Traders filed a suit in O.S.No.156/2012 against the vendee for recovering the money, and the said suit came to be decreed. The plaintiff therein filed an Execution Petition for recovering the dues, and in the execution proceedings the subject property was conveyed to the petitioner in auction for recovering the decreetal amount. The respondent-Market Committee filed a suit in O.S.No.990/2010 against the original allottee and the Karnataka Bank for declaration that, the loan

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3 - NC: 2024:KHC:15506 WP No. 2034 of 2022

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transaction is not binding on the Market Committee. The said suit came to be dismissed and affirmed by the First Appellate Court and the same is pending for consideration in RSA.No.1108/2020.

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The petitioner, who is the purchaser of the subject property in the Court auction submitted the representation with the respondent for entering his name in the property register maintained by the respondentCommittee. The said request is not acceded to stating that there is a civil dispute pending between the market committee and the original allotee.

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Heard the learned counsel for the petitioner and learned counsel for the respondent-Market Committee.

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Admittedly, the petitioner is a bonafide purchaser of the subject property. He had purchased the same in the auction conducted by the jurisdictional Civil Court. The petitioner having acquired the right under the registered conveyance deed, is entitled for entering his name in the property register maintained by the respondent-Market Committee during subsistence of the registered sale deed. However, the same is subject to any order/decree to be passed by the jurisdictional Civil Court or in the pending regular second appeal before this Court.

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Therefore, the petition is disposed of directing the respondent-Market Committee to enter the name of the petitioner in respect of the subject property in the property register maintained by the respondent-Market Committee, and also to issue no objection to the petitioner for obtaining permit for power supply to the subject property. The said exercise shall be concluded within a period of two months from the date of receipt of certified copy of this order.

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NC: 2024:KHC:15506 WP No. 2034 of 2022

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It is made clear that the entries to be made is subject to the final outcome of any order/decree to be passed by the jurisdictional Civil Court or this Court.

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Sd/JUDGE

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RKA List No.: 1 Sl No.: 39

Jagannath Rao K R v. Agricultural Produce Market Committee

Case brief

What is this about?

What did the court decide?

Jagannath Rao K R v. Agricultural Produce Market Committee

Case brief

What is this about?

What did the court decide?

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