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HC-KAR IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 R BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107119 OF 2025 (APMC)
C/W WRIT PETITION NO. 107123 OF 2025 (APMC)
IN W.P.NO.107119/2025 BETWEEN JAI KISAN WHOLESALE VEGETABLE MERCHANTS’ ASSOCIATION, OLD P.B. ROAD, GANDHI NAGAR, BELAGAVI, REP. BY ITS SECRETARY SRI. KARIMSAB K. BAGWAN AGED 69 YEARS, OCC. BUSINESS, R/O. MAHANTESH NAGAR, Digitally signed BELAGAVI, by SHWETHA DIST. BELAGAVI-590001.
RAGHAVENDRA Location: HIGH ...PETITIONER COURT OF (BY SRI. PRAMOD N. KATHAVI., SENIOR COUNSEL KARNATAKA APPEARED FOR SRI. RAMACHANDRA A. MALI., ADVOCATE)
AND
1 . THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF AGRICULTURE PRODUCE MARKETING, M.S. BUILDING, BENGALURU-01
2 . THE DIRECTOR OF AGRICULTURE PRODUCE MARKETING HC-KAR NO.16, 2ND RAJBHAVAN ROAD, P.B. NO.5309, BENGALURU-01
3 . THE DY. DIRECTOR, DEPT. OF AGRICULTURE PRODUCE MARKETING BELAGAVI DISTRICT, NEAR POLICE HEADQUARTERS, SHIVAJI NAGAR, BELAGAVI-590001.
4 . THE DY. COMMISSIONER BELAGAVI, DISTRICT BELAGAVI-590001.
5 . THE SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE KANGRALI KH ROAD, BELAGAVI, DIST. BELAGAVI-590001.
6 . SRI. SIDAGOUDA MODAGI AGED MAJOR, OCC. BUSINESS, STATE PRESIDENT, BHARATIYA KRISHI SAMAJ, NO.1B, 4059/4D, 2ND FLOOR, PATIL BUILDING, OPP. SARDARS HIGH SCHOOL, BELAGAVI-590001.
7 . BELAGAVI DISTRICT WHOLESALE VEGETABLE MERCHANTS WELFARE SANGHA, APMC MARKET YARD, BELAGAVI-590001.
8 . SRI. CHUNAPPA PUJERI AGED MAJOR, OCC. NIL, PRESIDENT KARNATAKA STATE RAYOT SANGH HASIRU SENE, BEHIND S.C. MOTORS, AIRPORT ROAD, BELAGAVI-590001.
…. RESPONDENTS (BY SRI. GANGADHAR J.M. AAG AND SRI. RAMESH B. CHIGARI., AGA FOR R1 TO R4;
HC-KAR SRI. P.N. HATTI., ADVOCATE FOR R5;
SRI. NITIN R. BOLABANDI., ADVOCATE FOR R6;
SRI. ANAND MANDAGI., SENIOR COUNSEL APPEARED FOR SMT. SHOBHA H., ADVOCATE FOR C/R8;
NOTICE TO R7 IS DEFERRED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN THE IMPUGNED ORDER AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE THEREBY QUASHING THE IMPUGNED ORDER DATED 15.09.2025 ISSUED IN NO.KRUMAE/NIYAVI/MISC/164/2021-22 (BHAG-IV) PASSED BY 2ND RESPONDENT HEREIN PRODUCED AT ANNEXURE-M AS THE SAME BEING TOTALLY ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
IN W.P.NO.107123/2025 BETWEEN
1. SHUBHAM P. TARALE, AGE: 26 YEARS, OCC: BUSINESS, R/O. H.NO.787, MAIN ROAD, AMBEWADI, TALUK & DISTRICT: BELAGAVI 591 108.
2. SHANKAR Y. TARALE, AGE: 52 YEARS, OCC: BUSINESS, R/O. H.NO.651, MAIN ROAD, AMBEWADI, TALUK & DISTRICT: BELAGAVI 591 108.
3. MOHAN L. MENASE, AGE: 46 YEARS, OCC: BUSINESS, R/O. PLOT 5476/8, 5TH CROSS, SHASTRI NAGAR, BELAGAVI 590 001.
4. MAINODDIN K. BAGWAN, AGE: 34 YEARS, OCC: BUSINESS, R/O. CTS NO.7737/7A, SECTOR NO.12, M.M. EXTENSION, BELAGAVI 590 016.
5. VASANT M. PATIL, AGE: 43 YEARS, OCC: BUSINESS, R/O. H.NO.55 MARUTI GALLI, BELAGAVI 591 108.
HC-KAR
6. NINGANAGOUDA R. PATIL, AGE: 53 YEARS, OCC: BUSINESS, R/O. PLOT NO.31, CTS NO. 936, CHANDRA MOULI LAYOUT, RUKMINI NAGAR, BELAGAVI 590 016.
7. RAMESH S. TUKKAR, AGE: 55 YEARS, OCC: AGRICULTURIST, R/O. HUDLI, BELAGAVI 590 016.
8. NOORSAB K. BAGWAN, AGE: 61 YEARS, OCC: AGRICULTURIST, R/O. EWS 372, ASHOK NAGAR, BELAGAVI 590 016.
9. PUNDALIK N. JADHAV, AGE: 75 YEARS, OCC: AGRICULTURIST, R/O. KANAWADI ROAD, BELAGAVI 591 108.
10.LOVE A. PATIL, AGE: 29 YEARS, OCC: AGRICULTURIST, R/O. H. NO. 142, HORIGA, BELAGAVI 591 108.
11.BASANGOUDA R. PATIL, AGE: 49 YEARS, OCC: AGRICULTURIST, R/O. VTC KURAGOND, PO-HOLASUR, BELAGAVI 591 118.
12.VEERANGOUDA R. PATIL, AGE: 51 YEARS, OCC: AGRICULTURIST, R/O. H NO. 116, GOUDAR ONI, VTC- KURAGOND, PO- HOLASUR, BELAGAVI 591 118.
...PETITIONERS (BY SRI. HARSHA DESAI., ADVOCATE)
AND
1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE HC-KAR DEPARTMENT OF AGRICULTURAL MARKETING, MS BUILDING, BENGALURU 560 001.
2. THE DEPUTY COMMISSIONER, BELAGAVI, BELAGAVI 590 016. 3. THE DIRECTOR, DEPARTMENT OF AGRICULTURAL PRODUCE MARKETING COMMITTEE, NO. 16, RAJ BHAVAN ROAD, BENGALURU 560 001.
4. THE DEPUTY DIRECTOR, DEPARTMENT OF AGRICULTURE PRODUCE MARKETING COMMITTEE, BELAGAVI DISTRICT, NEAR POLICE HEADQUARTERS, SHIVAJI NAGAR, BELAGAVI 590 016.
5. THE SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE, KANGRALI, KH ROAD, BELAGAVI 590 016.
6. JAI KISAN WHOLESALE VEGETABLE MERCHANTS' ASSOCIATION, OLD P.B. ROAD, GANDHINAGAR, BELAGAVI 590 016.
REPRESENTED BY ITS SECRETARY.
77. BHARATIYA KRISHI SAMAJ, NO. 1B, 4059/4D, 2ND FLOOR, PATIL BUILDING, OPP. SARDARS HIGH SCHOOL, BELAGAVI 590 016, REPRESENTED BY ITS PRESIDENT.
88. BELAGAVI DISTRICT WHOLESALE VEGETABLE MERCHANTS' WELFARE SANGHA, APMC MARKET YARD, BELAGAVI 590 016.
99. KARNATAKA STATE RAYOT SANGH, HASIRU SENE, BEHIND SC MOTORS, AIRPORT ROAD, BELAGAVI 591 124, REPRESENTED BY ITS PRESIDENT.
…. RESPONDENTS HC-KAR (BY SRI. GANGADHAR J.M. AAG AND SRI. RAMESH B. CHIGARI., AGA FOR R1 TO R4;
SRI. P.N. HATTI., ADVOCATE FOR R5;
SRI. RAMACHANDRA A. MALI., ADVOCATE FOR R;
SRI. NITIN R. BOLABANDI., ADVOCATE FOR R7;
SMT. SHOBHA H., ADVOCATE FOR R9;
NOTICE TO R8 IS DEFERRED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 15.09.2025 BEARING KRUMAE/NIYAVI/MISC/164/2021-22(BHAG-IV) PASSED BY RESPONDENT-3 HEREIN AS PER ANNEXURE-K. AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 25.09.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Petitioner in W.P. No. 107119/2025 is before this court seeking for the following reliefs:
i. Call for the entire records in the impugned Order and issue a writ of certiorari or any other writ or Order in the like nature thereby quashing the impugned order dtd. 15.9.2025 issued in No. o.KruMaE/NiYaVi/MISC/164/ 2021-22 (Bhag-IV) passed by 2nd respondent herein produced at Annex-M as the same being totally arbitrary, illegal and not sustainable in law in the interest of the justice and equity.
ii. Grant such other reliefs as this Hon’ble Court deems fit in the circumstances of the case even including theexemplary costs of this petition in the interest of justice and equity.
2. Petitioners in W.P. No.107123/2025 are before this court seeking for the following reliefs:
i. Issue a writ of certiorari quashing the impugned Order dated 15.09.2025 bearing No.KruMaE/NiYaVi/MISC/ 164/2021- 22 (Bhag-IV) passed Respondent No.3 herein as per ANNEXURE-K;
ii. Issue such other Writ/order/direction as deemed fit and necessary under the facts and circumstances of the case, including awarding exemplary costs, in the interest of justice.
FACTS IN WP No.107119/2025:
3. The petitioner-Jai Kisan Wholesale Vegetable Merchants’ Association claims that it was registered under the Karnataka Societies Registration Act, 1960 and was earlier known as the Belagavi Cantonment Wholesale Vegetable Merchants’ Association, engaged in the business of dealing with notified agriculture produce of vegetables in survey Nos.677, 678, 679/1, 680/1, 686/1, 686/2, 696/1, 697/2, 698/1, and 698/2, PB Road,Gandhinagar, Belagavi, under a due license received from the Director, APMC-Respondent No.2 herein.
4. Jai Kisan having been issued a license under Establishment and Operation of the private market yard after fulfilment of all legal and statutory norms and requirements as per the Karnataka Agriculture Produce Marketing (Regulation and Development) Act, 1966 [‘APMC Act’ for short] had established a private market yard over 10 acres of land wherein 245 shops were established. It is aggrieved by the Order dated 15.09.2025 issued by the Director, APMC, cancelling the aforesaid license that Jai Kisan is before this court.
5. Sri Pramod Katavi, Learned Senior counsel appearing for Jai Kisan- petitioner in WP No.107119 of 2025, would submit that,
5.1. Government order dated 11-12-2014, change of land use was allowed in respect of the aforesaid properties. Thereafter, the Deputy Commissioner issued conversion orders, subsequent to whichthe petitioner obtained sanction and approval for the establishment of a private market yard. The buildings had been completed. A completion certificate was also obtained, and thereafter, Jai Kisan has been running the private wholesale vegetable market yard since 2021.
5.2. His submission is that respondent No.6, who claims to be a farmer, leader and president of a Farmers' Association called Bharatiya Krishi Samaj and respondent No.7, who is an Association of APMC Traders Welfare Association, have been objecting to the establishment of the private market yard on the ground that their business would be affected. They have been filing several false, frivolous complaints and litigations before the courts and authorities. They have falsely staged illegal protests trying to cause harm to the reputation of Jai Kisan. Illegal dharanas and protests have also been held bythem. Apart from these actions, a false PIL having been filed before this court, the same also came to be dismissed.
5.3. He submitted that there are nearly nine writ petitions which have been filed before this court, as well as a private complaint and miscellaneous appeal filed before other courts. A false complaint in Crime No.52/2022 has also been registered without any basis, which, when challenged in Criminal Petition No.102413 of 2022 came to be quashed.
5.4. His submission by referring to these number of matters is that Jai Kisan has bee
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