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2023 Supreme(Kar) 589

M. I. ARUN
P. C. Guddad & Sons, General Merchants And Commission Agents – Appellant
Versus
Joint Director (Planning), Agricultural Produce Marketing Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Dinesh M. Kulkarni, Advocate
For the Respondent: Sri. Praveen Uppar, Aga, Sri. C.V. Angadi, Adv.

ORDER :

The petitioner is a licensed market functionary and trader and has been allotted shop No.41 in the market yard at Dharwad, on leave and license basis, in the year 1985. Thereafter, he was also allotted shop No.84 in the market yard at Dharwad in the year 1998 on lease-cum-sale basis.

2. Rule 12(2) of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 (hereinafter referred to as ‘the Rules’, for brevity), provides for conversion of shops allotted on leave and license basis to lease-cum-sale agreement, upon satisfaction of certain conditions. The petitioner upon satisfying the said conditions, requested the concerned authorities to convert his leave and license agreement into that of lease-cum-sale agreement in respect of shop No.41. However, the authorities directed him to vacate the said shop and passed an order to that effect. Aggrieved by the same, petitioner preferred W.P.No.106875/2014, which was allowed and respondent No.2 herein was directed to consider the case of the petitioner for conversion of leave and license into lease-cum-sale agreement. However, respondent Authorities have rejected the request of petit

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