Shree Venkatesh Traders Vs the Agricultural… — Writ and Judicial Review | Karnataka HC (2025)

Shree Venkatesh Traders Vs the Agricultural… — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC-D:31 WP No. 113402 of 2019

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF JANUARY, 2025 BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 113402 OF 2019 (APMC-)

BETWEEN:

SHREE VENKATESH TRADERS, BY ITS PROPRIETOR, SRI. NINGANAGOUDA S/O. GANGAPPA GOWDA, AGED ABOUT: 72 YEARS, OCC: BUSINESS, R/AT MUDHOL, TALUK: MUDHOL, DISTRICT: BAGALKOTE-581713.

…PETITIONER

(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)

AND:

THE AGRICULTURAL PRODUCE MARKET COMMITTEE, BY ITS SECRETARY, MAHALINGPUR, TALUK: MUDHOL, DISTRICT: BAGALKOTE-581713.

THE DEPUTY DIRECTOR OF AGRICULTURAL PRODUCE MARKET COMMITTEE, TUMKUR ROAD, YESWANTHPUR,

ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

BENGALURU-560022.

(BY SRI. P.N. HATTI, ADVOCATE FOR R1; SRI. M.M. KHANNUR, AGA FOR R2)

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ORDER OR DIRECTION, TO QUASH QUASHING THE ORDER DATED 07.01.2019 IN NO.CRU.UOO.MAA SA(MA):NO.2005/18-19 PASSED BY THE RESPONDENT NO.1 PRODUCED AS ANNEXURE-K,

B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION TO THE 1^ST RESPONDENT MARKET COMMITTEE TO GIVE PERMISSION AND SANCTION THE PLAN FOR CONSTRUCTION OF

2 -

NC: 2025:KHC-D:31 WP No. 113402 of 2019

SHOP-CUM-GODOWN IN THE PLOT NO.44 AND 45 SITUATED AT MUDHOL, MUDHOL TALUK, BAGALKOT DISTRICT, WITHIN THE JURISDICTION OF 1^ST RESPONDENT MARKET COMMITTEE IN ACCORDANCE WITH LAW.

C) ISSUE ANY OTHER APPROPRIATE WRIT, OR ORDER OR DIRECTION, AS THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE OF THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

The petitioner is before this Court seeking the following reliefs:

a)Issue a writ in the nature of certiorari or order or direction, to quash quashing the order dated 07.01.2019 in No. Cru.Uoo.Maa Sa(ma):No.2005/1819 passed by the respondent No.1 produced as Annexure-K,

b)Issue a writ in the nature of mandamus or order or direction to the 1^st respondent market committee to give permission and sanction the plan for construction of shop-cum-godown in the plot No.44 and 45 situated at Mudhol, Mudhol Taluk, Bagalkot District, within the jurisdiction of 1^st respondent market committee in accordance with law.

c) Issue any other appropriate writ, or order or direction, as this Hon'ble Court deems fit under the facts and circumstances of the case of the petitioner, in the interest of justice and equity.

3 -

NC: 2025:KHC-D:31 WP No. 113402 of 2019

Memo dated 06.01.2025 has been filed by the

learned counsel for the petitioner, which reads as

under :

“The above writ Petition was filed challenging the endorsement rejecting the request of the Petitioner to grant sanction plan for construction of building on the land granted by Respondent No-2. During pendency of this petition, the petitioner’s request has been considered and has been sanctioned with building plan to construct structure in the A.P.M.C plots allotted to him. In view of that, the petition does not survive for consideration & accordingly the petition may kindly be Permitted to be withdrawn since matter has become infructuous.”

Accepting the said memo and submission of learned

counsel for the petitioner, petition is dismissed as

withdrawn.

Sd/(SURAJ GOVINDARAJ) JUDGE

CKK CT-MCK List No.: 1 Sl No.: 62