S N Thippeswamy Vs the Director Agricultural… — Writ and Judicial Review | Karnataka HC (2025)

S N Thippeswamy Vs the Director Agricultural… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; purely interim procedural order: three weeks granted to remove office objections, failing which the petition stands dismissed automatically without reference to the Court; upon compliance the matter is to be listed on 15.04.2025.

Issue for consideration

Whether the lease-cum-sale agreements dated 08.11.2022 executed by Respondents 2 and 3 in favour of Respondents 4 to 13 are illegal as done in contravention of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 and for sites that are not in existence.

Ratio / Principle

Three weeks' time is granted to remove the office objections; failing which the petition shall stand dismissed automatically without reference to or order of the Court.

Key takeaways

On compliance with the office objections, the matter shall be listed on 15.04.2025.ratio¶62

Detailed headnote1 paragraphs

Oral order dated 11.03.2025 of the High Court of Karnataka (Bengaluru) in Writ Petition No. 26224/2022 (APMC-PIL), passed per Hon'ble the Chief Justice N.V. Anjaria, bench including Hon'ble Mr. Justice M.I. Arun. Ten Davanagere-based petitioners, through Sri L.M. Chidanandayya, file the petition under Articles 226 & 227 of the Constitution of India praying to declare that lease-cum-sale agreements vide Annexure-A to Annexure-A-9 dated 08.11.2022, executed by Respondents 2 (Deputy Commissioner/Administrator, APMC Davanagere) and 3 (APMC Davanagere by its Secretary) in favour of Respondents 4 to 13, are illegal as done in contravention of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 and for sites that are not in existence. The Court passed no substantive order on the merits: it granted three weeks to remove office objections, failing which the petition shall stand dismissed automatically without reference to or order of the Court; in the event of compliance, the matter is to be listed on 15.04.2025. No precedent is cited and no issue on the merits is decided; the record is usable only for party, subject-matter and procedural-status identification.

IN THE HIGH COURT OF KARNATAKA, AT BENGALURU

DATED THIS THE 11^TH DAY OF MARCH, 2025

PRESENT

THE HON'BLE MR.N.V.ANJARIA CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE M.I.ARUN

WRIT PETITION NO.26224/2022 (APMC-PIL)

BETWEEN

1 . S N THIPPESWAMY S/O LATE S NAGAPPA

AGED ABOUT 58 YEARS

R/A NO.105/2, TALAVARAPETE HONDADA CIRCLE, DAVANAGERE DAVANAGERE DISTRICT-577004.

2 . K P MALLIKARJUN S/O LATE PARAMESHWARAPPA AGED ABOUT 50 YEARS

R/A NO.781/27, SRISHAILA KRUPA 1ST MAIN, 4TH CROSS

B BLOCK, SARASWATHI LAYOUT NILUVALLI, DAVANAGERE DAVANAGERE DISTRICT-577004.

3 . R ANAND

S/O LATE REVANNAPPA AGED ABOUT 63 YEARS R/A NO.162, 5TH CROSS C BLOCK, DEVARAJA URS LAYOUT DAVANAGERE-577004.

4 . S N CHANDRAPPA S/O LATE S NAGAPPA AGED ABOUT 60 YEARS

R/A NO.105/2, TALAVARAPETE

W.P.NO.26224/2022

2

HONDADA CIRCLE, DAVANAGERE DAVANAGERE DISTRICT-577004.

5 . M G NARAYANASWAMY S/O LATE R M GANGAPPA AGED ABOUT 67 YEARS R/A 231, DISHA, 3RD MAIN NIJALINGAPPA LAYOUT DAVANAGERE-577004 (SENIOR CITIZEN BENEFIT NOT CLAIMED)

6 . SHEKARANAYKA S/O KIRIYANAYKA AGED ABOUT 52 YEARS R/A CHINNASAMUDRA, NERALIGE POST DAVANAGERE DISTRICT-577004.

7 . MANJUNATH HUCCHAVVANAHALLI S/O KARIYAPPA AGED ABOUT 52 YEARS NO.35/1, 17TH CROSS KTG NAGAR, DAVANAGERE-577004.

8 . RAVIKUMAR B M S/O LATE RUDRAIAH AGED ABOUT 58 YEARS NO.24, BLLUR VILLAGE DAVANAGERE-577004.

9 . RUDRAMUNI S/O MAHANTHAPPA AGED ABOUT 65 YEARS AVARAGERE, P B ROAD DAVANAGERE-577003 (SENIOR CITIZEN BENEFIT NOT CLAIMED)

10 . B M SHAMBULINGAPPA S/O BASAPPA AGED ABOUT 56 YEARS GUMMANUR, GUDDLU POST ANUGODU HOBLI DAVANAGERE-577004

…PETITIONER/S

(BY SRI./SMT.: L.M. CHIDANANDAYYA, ADVOCATE)

W.P.NO.26224/2022

3

AND

1 . THE DIRECTOR AGRICULTURAL MARKETING RAJ BHAVAN ROAD BANGALORE-560001.

2 . THE DEPUTY COMMISSIONER AND ALSO THE ADMINISTRATOR AGRICULTURAL PRODUCE MARKETING COMMITTEE DAVANAGERE APMC YARD DAVANAGERE.

3 . AGRICULTURAL PRODUCE MARKETING COMMITTEE DAVANAGERE APMC YARD, DAVANAGERE BY ITS SECRETARY.

4 . AMARESH G S/O GUNDAPPA AGED ABOUT 34 YEARS NO.24/2/34, SHAKTI NAGAR 2ND STAGE, DAVANAGERE DAVANAGERE DISTRICT.

5 . SMT NETRA W/O ANJINAPPA N R AGED ABOUT 20 YEARS R/A NO.7944, NEAR RAGHAVENDRA SCHOOL KOTTURESHWARA LAYOUT DAVANAGERE, DAVANAGERE DISTRICT.

6 . NAVEEN KUMAR B M S/O BHEEMAPPA M AGED ABOUT 24 YEARS R/A 12TH CROSS, 3RD MAIN BEHIND CHOWDAMMA TEMPLE BHAGATHSING NAGAR DAVANAGERE, DAVANAGERE DISTRICT.

7 . PARAMESH N S/O NAGAPPA, AGED ABOUT 35 YEARS R/A NO.996, BETUR ROAD KORACHARAHATTI

W.P.NO.26224/2022

4

INDIRANAGAR,DAVANAGERE DAVANAGERE DISTRICT.

8 . SMT SHANTHAMMA W/O BASAPPA BELAKERI AGED ABOUT 59 YEARS R/A NO.789 OPPOSITE CHOWDESHWARI TEMPLE CHOWDESHWARI NAGARA DAVANAGERE, DAVANAGERE DISTRICT.

9 . KARIBASAVCHAR S/O RATHNACHAR AGED ABOUT 49 YEARS R/A NO.379/2105 CHIKKMANI DEVARAJURS LAYOUT NEAR SIDDARAMESHWARA TEMPLE SARASWATHI NAGAR DAVANAGERE, DAVANAGERE DISTRICT.

10 . SMT JAYAMMA S M W/O SHAMBULINGAPPA AGED ABOUT 53 YEARS R/A NO.837/2, BEHIND KALIKA DEVI TEMPLE DEVANGA PETE DAVANAGERE, DAVANAGERE DISTRICT.

11 . SMT MAMATHA C M W/O CHANDRASHEKAR S M AGED ABOUT 28 YEARS R/A NO.837/2, BEHIND KALIKA DEVI TEMPLE, DEVANGA PETE, SKP ROAD DAVANAGERE, DAVANAGERE DISTRICT.

12 . SMT SHANTA D/O NINGAPPA AGED ABOUT 38 YEARS R/A NO.C-60(1) BEHIND ANJANEYA TEMPLE DEVARAJANAGARA, DAVANAGERE DAVANAGERE DISTRICT.

13 . SMT SHASHIKALA E T W/O A H THIMMESH AGED ABOUT 29 YEARS

W.P.NO.26224/2022

5

NO.1925/191, NEAR VIDYANANDANA SCHOOL SARASWATHI NAGAR C BLOCK DAVANAGERE, DAVANAGERE DISTRICT.

…RESPONDENT/S

(BY SRI./SMT.:NANDA KISHORE, ADVOCATE FOR R3 (VK FILED) LEARNED AGA ACCEPTS NOTICE FOR R1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) DECLARE THAT THE LEASE CUM SALE AGREEMENTS VIDE ANNEXURE-A TO ANNEXURE-A-9 DATED 08.11.2022 EXECUTED BY THE RESPONDENTS 2 AND 3 IN FAVOUR OF THE RESPONDENTS 4 TO 13 ARE ILLEGAL AS THE SAME IS DONE IN CONTRAVENTION OF THE KARNATAKA AGRICULTURAL PRODUCE MARKETING (REGULATION OF ALLOTMENT OF PROPERTY IN MARKET YARDS) RULES, 2004 AND FOR SITES THAT ARE NOT IN EXISTENCE AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER.

CORAM: HON’BLE THE CHIEF JUSTICE MR.JUSTICE N.V.ANJARIA AND HON’BLE MR.JUSTICE M.I.ARUN

W.P.NO.26224/2022

6

ORAL ORDER

(PER: HON’BLE THE CHIEF JUSTICE MR.JUSTICE N.V.ANJARIA)

Three weeks' time is granted to remove the office objections, failing which the petition shall stand dismissed automatically without reference to or order of the Court.

In the event the office objections are complied with, the appeal shall be listed on 15.04.2025.

Sd/(N.V.ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

TYPED BY : SK CASE WORKER : SHL COMPARED BY : SHL

COPY Sd/-