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2026 Supreme(Online)(Kar) 7615

THE HIGH COURT OF KARNATAKA
M.I.ARUN AND B. MURALIDHARA PAI
MANJUNATH BASAPPA MUDARADDY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WA 100052/2026



IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100052 OF 2026 (APMC)

BETWEEN:

MANJUNATH BASAPPA MUDARADDY, AGE: 60 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: HEBASUR, TQ: HUBBALLI-580020, DIST: DHARWAD.

… APPELLANT (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. F.V. PATIL, SRI. NANDISH PATIL, SRI. RAMACHANDRA V. BHAT, ADVS. -

APPEARED THROUGH VC)

Digitally signed by VISHAL NINGAPPA PATTIHAL AND:

Location: High Court of Karnataka, Dharwad Bench, 1. THE STATE OF KARNATAKA, Dharwad REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU – 560 001.

2. THE HON’BLE MINISTER OF CO-OPERATION/

APPELLATE AUTHORITY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU – 560 001.

3. THE DIRECTOR OF AGRICULTURAL MARKETING (PLANNING), NO.16, 2ND RAJ BHAVAN ROAD, BENGALURU – 560 001.

4. THE ADDITIONAL DIRECTOR OF AGRICULTURAL MARKETING (PLANNING), NO.16, 2ND RAJ BHAVAN ROAD, BENGALURU – 560 001.

5. THE AGRICULTURAL PRODUCE MARKETING COMMITTEE, HUBBALLI, REP. BY ITS SECRETARY, AMARGOL, HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD.

6. SRI. SHIVAYOGI B. MATURSHETTAR, MADHURA ESTATE, KESHWAPUR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580020.

… RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4;

SRI. C.S. PATIL, ADVOCATE FOR R5;

SRI. GOPAL B. PATIL, ADV. FOR R6 APPEARED THROUGH VC)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THAT FOR THE REASONS STATED ABOVE, THE ORDER OF THE LEARNED SINGLE JUDGE DATED 12.12.2025 PASSED IN W.P.NO.148779/2020 IN PARTLY ALLOWING THE WRIT PETITION AND ISSUING DIRECTIONS NO.II TO VII MAY KINDLY BE SET ASIDE AND THE WRIT PETITION BE ALLOWED, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

Aggrieved by the order dated 12.12.2025 passed in W.P.

No.148779/2020, the present writ appeal is filed by the petitioner therein.

2. The appellant has been allotted a plot in APMC Yard, Amargol, Hubballi, under a lease-cum-sale deed dated 13.11.2007. After a few years, the appellant sought to lease a portion of the property to M/s. Andhra Bank and sought permission of respondent No.5 in this regard. Respondent No.5 passed a resolution in favour of the appellant herein and submitted the resolution for approval of respondent No.4. Based on the resolution of respondent No.5, the appellant, without waiting for the approval of respondent No.4, leased a portion of the property in favour of M/s. Andhra Bank. Respondent No.4, by his order dated 08.09.2016, refused to grant permission. It was further ordered that action should be initiated against the appellant. Aggrieved by the same, the appellant preferred an appeal before the State Government, which has been dismissed.

3. Aggrieved by the same, the appellant preferred W.P.

No.148779/2020. After hearing the parties concerned, the learned Single Judge has passed the following order:

“i. The petition is allowed in part.

ii. The impugned order passed by the respondent No.4 directing forfeiture of the petitioner’s property is set-aside. The order passed by respondent No.4 denying approval to the resolution passed by respondent No.5- Committee is confirmed.

iii. Respondent No.5-Committee shall issue notice to the petitioner under Rule 20 of Rules, 2004 and thereafter pass appropriate orders as contemplated in law in the light of the observations made above where the Court has already held that the transfer of property by way of rent to Andhra Bank amounts to violation of the terms and conditions of lease cum sale agreement.

iv. The Committee shall hold enquiry under Rule 20 of Rules, 2004 for alleged violation of the terms and conditions of the lease cum sale agreement in respect o

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