Petitioner’s entitlement to shop allotment renewal is restricted to a maximum of 55 months as per regulatory rules.

ORAL ORDER

Challenging notice dated 02.01.2023 issued by respondent no.3 at Annexure-G and seeking for writ of mandamus to direct respondent no.3 to consider petitioner's representation dated 10.01.2023 at Annexure-H, this writ petition is filed.

2. Smt.Shilpa Rani, learned counsel for petitioner submitted, petitioner was allottee of Sundry shop bearing no.25, B-Block, Dasanpura Agricultural Marketing Committee, on Leave and Licence Agreement ('LLA' for short) basis in 2018 and carrying on business in slippers. Said allotment was in pursuance of auction for a period of 11 months renewable up to

55 months on escalation charges at 5% in licence fee after 33 months. It was submitted, said allotment was for monthly fee of Rs.8,786/-.which was being paid regularly. Such being case, on 02.01.2023 petitioner was issued with impugned notice at Annexure-G calling upon him to hand over shop back to Committee in terms of Rule 16(2) of Karnataka Agricultural Produce Marketing (Regulation of Allotment of property in Market Yards) Rules, 2004 ('Rules' for short). Immediately, petitioner submitted representation dated 10.01.2023 at Annexure-H, wherein he stated that he had cleared all dues and no prior notice was issued to him. It was submitted, petitioner had sustained loss of business during COVID-19 Pandemic period.

3. It was submitted that LLA at Annexure-C contained condition in clause (ii) providing for first preference to allottee in case of renewal. It was submitted respondent had failed to consider petitioners representation constraining petitioner to approach this Court. On said ground sought for allowing writ petition.

4. On other hand, learned Additional Government Advocate for respondents no.1 and T Swaroop, learned counsel for respondents no.2 and 3 submitted, allotment of sundry shops was under Rule 14 of Rules. As per sub-rule (6) of Rule 14, initial allotment would be for a period of 11 months, renewable by further 11 months, upto maximum of 55 months. It was submitted, total period of allotment to petitioner had long crossed 55 months. In view of same, petitioner was issued with notice at Annexure-G to hand over vacant possession of premises under LLA. It was submitted, clause (ii) in LLA subject to clause (i) which would be in terms of Rule 14 (6). It was submitted, allottees of sundry shops would not have right of allotment in perpetuity. Even insofar as contention about suffering loss during COVID-19 pandemic, it was submitted during said period entire APMC market yard was shifted to Dasanpura, which was functioning in full-flaw.

5. It was further brought to notice of this Court that due to interim order granted in this writ petition, petitioner continued for two more years, therefore there was no merit in any of petitioner's claim and sought dismissal of writ petition.

6. Heard learned counsel and perused material on record.

7. From above, petitioner's grievance against impugned notice at Annexure-G is firstly on ground that same was contrary to petitioner's right of renewal under clause (ii) of LLA at Annexure-C; secondly on ground that petitioner had sustained loss during COVID-19 pandemic, while respondents contend that terms of LLA are governed by Rule 14(6) of Rules, which do not provide renewal of licence beyond 55 months, which term petitioner had already completed.

8. At outset, perusal of LLA at Annexure-C indicates that allotment of shop no.25 in favour of petitioner commenced from 03.01.2018, date of handing over of possession as per Annexure-E. As per Rule 14(6) of Rules initial allotment would be for a period of 11 months, renewed for further 11 months upto maximum of 55 months