M/S. B.D.S. Ginning v. the Director
Constitution of India – Articles 226 and 227 – APMC market fee and penalty refund claim
Case brief
What is this about?
WP No. 104397 of 2018 (APMC), High Court of Karnataka, Dharwad Bench, Justice Suraj Govindaraj, 06-01-2025: Writ petition by B.D.S. Ginning & Pressing Factory seeking consideration of representations (Annexures-G & H) and refund of APMC market fee Rs.2,83,934/- and penalty Rs.38,640/- (total Rs.3,22,574/-) with 18% interest from the Director, Agriculture Market Department. Petition allowed; mandamus issued to consider representations within 30 days; duty to decide representations within reasonable time with reasons if rejecting affirmed; no opinion expressed on merits.
What did the court decide?
Writ of mandamus directing respondent No.1 (Director, Agriculture Market Department) to consider the representations dated 20.04.2018 and 29.05.2018 (Annexures-G & H) within 30 days from receipt of a copy of the order; refund claim of market fee and penalty with interest left to be decided by respondent No.1 in accordance with law (Court expressed no opinion on merits).