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2011 Supreme(Kar) 505

K.SREEDHAR RAO
Giri Darshini Trading co. Mysore, rep. by its partners – Appellant
Versus
State of Karnataka, Department of Co-operation, Bangalore, rep. by its Secretary – Respondent


Advocates appeared:
For the Petitioners:B.C. Seetharama Rao, Advocate. For the Respondents:R1 - D. Vijayakumar, AGA, R2 & R3 - B.G. Sridharan, Sr. Counsel, A.C. Balaraj, R4 - H.C. Shivaramu & P.S. Manjunath, R5 & R6 - Janardhan, G., R7 -Nataraju Ballal, Advocates.

Judgment :-

1. The petitioners are the licence traders functioning in the market yard of Bandipalya, APMC Yard, Mysore. The second respondent developed a market yard vide Annexure-G in the year 1999-2000. In respect of the area in ‘A’ block there was remodified layout plan vide Annexure-R1. The petitioners are the occupants of shop Nos.39 and 17 situated in ‘A’ block. In the original plan to the frontage of shop No.17 and the behind portion of shop Nos.39, 40, 41 the large area is shown as vacant. A high tension wire is running over the portion of the said vacant area. The 3rd respondent in fact had formed two sites in the said vacant area, and because of the high tension wire passing over the said area, the two sites which were allotted to the allottees was withdrawn vide Annexure-E and the allottees were relocated.

2. The 3rd respondent vide Annexure-R1-the modified layout plan, has formed site No.316 allotted to the front site No.17 and high portion of site No.39 and site No.40 the same is allotted to respondent No.5. The petitioners contend that the original layout plan at Annexure-G and remodified layout plan at Annexure-R1 are illegal, because there is no sanction obtained fr
























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