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2023 Supreme(Kar) 1167

SURAJ GOVINDARAJ
Agricultural Produce Market Commitee – Appellant
Versus
Executive Officer – Respondent


Advocates appeared:
Swaroop T., Advocate, Shubha S., Advocate, J.N.Naveen, Advocate, A.V.Gangadharappa, Advocate, Naveen Chandrashekar, Advocate

JUDGMENT

1. The petitioner is before this Court seeking for the following reliefs:

    a. Issue a writ of certiorari or any other order the order dtd.:22/6/2022 bearing No.Tha.Pan.Gu/Gra.Pan/Chellur A.P.M.C. Dariteravu/ Vi.Va/6/2022-23/452 issued by the 1st Respondent produced as Annexure-A;

b. Issue a writ of Mandamus or direction or any other writ, to the 1st respondent not to reinstate the ''kaludari'' (trial/path-way) which is passing through the acquired lands of the petitioner in Sy.No.60 and 61/2 situated in Chellur village and Hobli, Gubbi Taluk, as no public purpose would be served by it;

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

2. The petitioner-The Agricultural Produce Market Committee, Gubbi is constituted under the provision of the APMC Act certain lands in Chellur Village and Hobli, Gubbi Taluk in Sy.No.60, 62, 63/1, 63/2, 63/3 and 63/4 were acquired under the erstwhile Land Acquisition Act, 1894 for the purpose of establishing the sub-market yard at Chellur village in the year 1999 and award was passed in the year 2000. Subsequent thereto, th

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