Sri. Venkateshwara Rice Tech Vs the State of Karnataka

SRI. VENKATESHWARA RICE TECH D.G. ROAD, LOWER HUTHA, BHADRAVATHI - 577 301, SHIMOGA DISTRICT, BY ITS PROPRIETOR, SRI. R. RANGANATH, AGED ABOUT 51 YEARS.

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…PETITIONER

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(BY SRI. BASAVARAJ T., ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, VIDHANA SOUDHA, BENGALURU - 560 001.

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COMMISSIONER INDUSTRIAL DEVELOPMENT AND DIRECTOR OF COMMERCE AND INDUSTRY DEPARTMENT, NO. 49, 2^ND FLOOR, SOUTH BLOCK, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001.

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THE JOINT DIRECTOR, DISTRICT INDUSTRIAL CENTER SHIMOGA DISTRICT, SHIMOGA - 577 201.

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NC: 2026:KHC:6231 WP No. 6604 of 2020

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HC-KAR

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THE DIRECTOR, DEPARTMENT OF AGRICULTURAL MARKETING NO.1, RAJBHAVAN ROAD, BENGALURU - 560 001.

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THE AGRICULTURAL PRODUCE MARKETING COMMITTEE BY ITS SECRETARY, BHADRAVATHI, SHIMOGA DISTRICT - 577 301.

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…RESPONDENTS

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(BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R4; SRI. T. SWAROOP, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.02.2020 PASSED BY THE R-3 VIDE ANNEXURE-A TO THIS WRIT PETITION. DIRECT THE R-3 TO ISSUE A MARKET FEE EXEMPTION CERTIFICATE FOR AN EXTENDED PERIOD OF SEVEN YEARS IN COMPLIANCE WITH KARNATAKA INTEGRATED AGRI BUSINESS DEVELOPMENT POLICY 2011 VIDE ANNEXURE-C TO THE WRIT PETITION DATED 05.03.2011 ISSUED BY THE R-1 AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioner is before this Court seeking following reliefs:

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"a) Issue a Writ of Certiorari or any other Writ or Writs, order or orders, direction or directions, quashing the impugned order dated 01-02-2020

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NC: 2026:KHC:6231 WP No. 6604 of 2020

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HC-KAR

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bearing No. G. KAIKE/SHI/SANI.(MSME)/APMC/2019-20 passed by the 3^rd Respondent vide ANNEXURE-'A' to this Writ petition.

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b) Issue a Writ of Mandamus or any other Writ or Writs, order or orders, direction or directions, directing the third respondent to issue a Market fee exemption certificate for an extended period of seven years in compliance with Karnataka Integrated Agri Business Development Policy 2011 vide Annexure-C to the Writ petition bearing No. AHD 172 AFT 2010, Bangalore Dated :05-03-2011 issued by the first Respondent;

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c) To issue Writ of Mandamus to the 4^th and 5^th Respondents direct them to refund the market fee so far collected from the Petitioner from 04-102019 till date forthwith."

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Case of the petitioner is that he was given the benefit of exemption from the payment of APMC market fee initially for

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a period of three years. That in terms of the circular dated 20.11.2014 the said benefit of exemption of payment of market fee was extended for a period of ten years. Accordingly petitioner has sought for similar benefit. In response to which the respondent No.3- Joint Director issued a communication at Annexure-A, declining to consider the request of the petitioner. Hence the petition.

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4 - NC: 2026:KHC:6231 WP No. 6604 of 2020

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HC-KAR

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Learned AGA appearing for respondents 1 to 4 submits

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that the petitioner was indeed called upon to submit the documents enabling him to seek exemption for the remaining seven years. Since he did not submit the required documents, his application was not considered by respondent No.3. Learned AGA fairly submits that if petitioner furnishes the documents as called for in terms of letter dated 03.02.2017 produced at Annexure-R3 to the statement of objections which is also referred to at reference No.6 of the impugned communication,

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the request of the petitioner for extension for remaining seven years would be considered. She also adds that since the time for extension has already expired, the petitioner's case would have to be reconsidered by the respondent-State.

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In view of above submissions, petitioner is at liberty to submit the records as called for by the respondent No.3 by his letter dated 03.02.2017 mentioned at reference No.6 of the impugned communication within 15 days from the date of receipt of certified copy of this order.

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In such an event Respondent No.3 shall reconsider the case of the petitioner for extension of the benefit if the

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NC: 2026:KHC:6231 WP No. 6604 of 2020

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HC-KAR

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petitioner otherwise satisfies the requirement as per the Circular dated 20.11.2014. Such orders shall be passed one way or the other within 30 days from the date of petitioner submitting the records as referred to above.

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Writ petition is disposed of accordingly.

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SD/(M.G.S. KAMAL) JUDGE

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SBN

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List No.: 1 Sl No.: 16

Sri. Venkateshwara Rice Tech v. the State of Karnataka

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Sri. Venkateshwara Rice Tech v. the State of Karnataka

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