Shop allottee sought conversion of leave-and-licence into lease-cum-sale; APMC endorsed conversion at market value prevailing in 2019. The Court held that since the application was made in 2013 when no prohibition existed, the 2013 market value applied, quashed the endorsement and directed conversion on payment with interest.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.9914 OF 2020 (APMC)
BETWEEN:
M/S SANGAM ENTERPRIESES, A-1, 2ND MAIN ROAD, APMC YARD, BATAWADI, TUMKUR-572103. REP. BY ITS PROPRIETOR, SRI T.S. RAVI KUMAR, S/O T.B. SIDDARAMAIAH, AGED ABOUT 50 YEARS.
…PETITIONER
(BY SRI B. R. SATENAHALLI, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
NC: 2024:KHC:12606 WP No. 9914 of 2020
DEPARTMENT OF MARKETING, TUMKUR-572103.
…RESPONDENTS
(BY SMT. HEMALATHA V., AGA FOR R1, R2 & R4; SRI T. SWAROOP, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 15.7.2020 ISSUED BY THE APMC, TUMKUR, R-3 HEREIN VIDE ANNEXURE-M. DIRECT THE MARKET COMMITTEE, THE R-3 TO RECEIVE THE AMOUNT FIXED BY THE MARKET COMMITTEE ON THE DATE WHILE IMPLEMENTING THE ORDERS OF THIS HON’BLE COURT IN WP.No.57820/2014, WP.No.52687/2015 AND W.P.No.29659/2017 VIDE ANNEXURE-C, D AND E AND REGISTER THE SALE DEED ON RECEIVING THE AMOUNT, AS FIXED BY THE MARKET COMMITTEE ITSELF, VIDE ENDORSEMENT DATED 7.8.2019 FIXING AT Rs.5,50,000/- VIDE ANNEXURE-F AND REGISTER THE SALE DEED IN FAVOUR OF THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner had been allotted shop cum godown bearing No.A-1 situated at 2nd Main Road, APMC Yard, Batawadi, Tumakuru-572 103 on leave and license basis of Rs.900/- per month subject to enhancement of 5% licence fee annually.
NC: 2024:KHC:12606 WP No. 9914 of 2020
proposal on 26.07.2013 for approving the conversion, fixing the market value at Rs.8,71,000/-. The petitioner approached this Court in W.P.No.57820/2014 contending that in respect of similarly situated allottees, the market value was fixed at Rs.5,78,180/towards conversion. This Court, vide Order dated 07.01.2015, directed the Market Committee to reconsider the representation submitted by the petitioner.
NC: 2024:KHC:12606 WP No. 9914 of 2020
NC: 2024:KHC:12606 WP No. 9914 of 2020
Rs.8,71,000/-. However, the petitioner is liable to pay interest on the market value from 2013 till actual deposit.
10. Accordingly, writ petition is allowed .
Sd/JUDGE
kcm List No.: 1 Sl No.: 19
1 issue framed by the court
Whether market value for conversion of a leave-and-licence shop allotment into lease-cum-sale should be fixed as on the date of the 2013 application or as on approval in 2019.
2 provisions across 2 enactments
M/S Sangam Enterprises (rep. by its proprietor Sri T.S. Ravi Kumar)
The State of Karnataka, Department of Cooperation
The Director, Agriculture Produce Marketing Department
The Agricultural Produce Market Committee, Tumkur
The Executive Engineer, II Sub-Division, Department of Marketing, Tumkur
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
