IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.3040 OF 2025 (APMC)

BETWEEN:

PRASAD TRADERS,

KORI CHOWK, INDI ROAD,

VIJAYAPURA-586 101,

REPRESENTED BY ITS PROPRIETOR,

SRI ASHOK B. MASALI S/O BASAPPA MASALI,

AGED ABOUT 61 YEARS. (UNREGISTERED FIRM).

…PETITIONER

(BY SRI SHILPA RANI, ADVOCATE)

AND:

1. STATE OF KARNATAKA,

REPRESENTED BY ITS PRL. SECRETARY,

Digitally signed by DEPARTMENT OF COOPERATION,

MAHALAKSHMI B M M.S. BUILDINGS, BENGALURU-560 001.

Location: HIGH

COURT OF

2. THE DIRECTOR OF AGRICULTURAL MARKETING,

KARNATAKA

RAJ BHAVAN ROAD, BENGALURU-560 001.

3. THE AGRICULTURAL PRODUCE MARKET

COMMITTEE, BY ITS SECRETARY,

VIJAYAPURA-586 101.

4. SHANTI GURU FOODS,

PLOT NO.43/B, KIADB INDUSTRIAL AREA,

VIJAYAPURA-586 104,

REPRESENTED BY ITS PROPRIETOR

SRI KUNALA RA PORAWALA.

…RESPONDENTS

(BY SMT. RASHMI M. RAO, HCGP FOR R-1 TO R-2;

SRI T. SWAROOP, ADVOCATE FOR R-3;

V/O. DATED 14.08.2025, NOTICE TO R-4 HELD SUFFICIENT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, QUASHING THE IMPUGNED RESOLUTION DATED 12.07.2024 PASSED BY THE RESPONDENT NO.3 IN SO FAR AS IT RELATES TO SHOP NO.137 AS PER ANNEXURE-D AND THE IMPUGNED ORDER PASSED BY THE 2ND RESPONDENT IN NO. KRUMAE/AABHIVI/APPEAL/30- 2024 DATED 21.01.2025 AS PER ANNEXURE-H AS ILLEGAL AND VOID AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioner has approached this Court seeking interference with the allotment of Shop No.137 in APMC Yard, Vijayapur, which originally made in favour of respondent No.4 and for consequential reliefs.

Brief facts

2. Pursuant to the notification dated 22.02.2024 issued by the Agricultural Produce Market Committee (APMC), Vijayapura, applications were invited for allotment of shops on leave and license fee basis under Allotment of Property in Market Yards Rules, 2004 (‘Rules, 2004’ for short). The petitioner, respondent No.4 and others applied for allotment of Shop No.137.

3. A seniority list was prepared in terms of Rule 8 of the Rules, 2004 wherein the petitioner scored 77 points, while respondent No.4 secured 2661.18 points. Based on the said seniority, APMC passed a resolution dated 12.07.2024, recommending allotment of shop No.137 in favour of respondent No.4, which ultimately culminated in issuance of the allotment order. Aggrieved by the same, the petitioner has instituted the present writ proceedings.

4. During the pendency of the writ petition, the petitioner has produced a letter issued by respondent No.4, surrendering the allotment of Shop No.137 and seeking cancellation of the allotment made in his favour.

The said document has been placed on record.

5. The surrender letter issued by respondent No.4, produced by the petitioner, has not been disputed by the APMC. In view of the voluntary surrender, the allotment earlier made in favour of respondent No.4, no longer subsists.

6. Once the allotment in favour of respondent No.4 ceases to exist, the seniority position of the remaining applicants necessary requires reconsideration. On the admitted facts, the petitioner had scored 77 points, would stand next in order of seniority among the applicants for shop No.137.

7. In light of the subsequent development of surrender, the petitioner needs to be given an opportunity to seek consideration of his claim in accordance with law and hence, this Court is of the considered view that the matter requires to be reconsidered by the competent authority afresh, uninfluenced by the earlier allotment, which has since been surrendered. Hence the following:

ORDER

i. The writ petition is disposed of with liberty to the petitioner to submit a fresh appropriate application seeking allotment of Shop No.137 within two weeks from the date of receipt of a certified copy of this order.

ii. Upon such application being made, respondent No.3