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M S Traders vs State of Karnataka

M S Traders vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jun 01, 2026
~3 min read
https://sooperkanoon.com/case/1552733

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/17518/2024

Parties & Advocates

Appellant / Petitioner

M S Traders

Respondent

State of Karnataka

Excerpt

.....by the final notice dated 12.06.2024 produced at annexure-f and for the issuance of mandamus directing respondent no. 3-marketing committee to consider his representation/reply dated 22.06.2024.2. learned counsel appearing for respondent no.3,submits that no orders have been passed on the final notice -3- dated 12.06.2024 in view of petitioner rushing to this court by filing this writ petition. he submits even if any order was passed the petitioner always has a remedy under section 126 of the karnataka apmc (regulation and development) act,1966. he further submits if the petitioner furnishes the documents as called for, his case would be considered in the manner known to law.3. at this juncture learned counsel for petitioner submits that if a direction is issued to consider his case the purpose ofthe petition would be served. he also submits the interim ordergranted by this court be extended till consideration and passing of the order by the respondent no.3.4. submission placed on record.5. since the respondent authorities have not passed anyorders and have merely issued a final notice dated 12.06.2024 calling upon the petitioner to pay the user fee as mentioned therein, it is open for the petitioner to raise all such contentions as may be available under law together with production of documents as requisitioned in this regard. -4-6. the petitioner is at liberty to file statement ofobjections, if not filed already filed and respondent no.3 shall pass appropriate orders thereon within an outer limit of eight weeks from the date of receipt of certified copy of this order. no coercive or prohibitive steps shall be taken by the respondents until passing of the order as directed herein above. writ petition is disposed of accordingly. sd/- (m.g.s. kamal) judge sbn list no.: 1 sl no.: 46

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17518 OF 2024 (APMC) BETWEEN: M.S.TRADERS No.8/1, 2ND MAIN ROAD, APMC YARD, BENGALURU 560 022. REPRESENTED BY ITS PROPRIETOR SMT. R. AKKAYYAMMA. AGED ABOUT 45 YEARS. …PETITIONER (BY KUM.M.S. ASHWINI A., ADVOCATE FOR SMT. SHILPA RANI, ADVOCATE) AND: Digitally signed

1. STATE OF KARNATAKA by SUMA B N REPRESENTED BY ITS PRINCIPLE SECRETARY, Location: DEPARTMENT OF COOPERATION, HIGH COURT OF M.S. BUILDING, KARNATAKA BENGALURU - 560 001.

2. THE DIRECTOR OF AGRICULTURAL MARKETING, No.16/2, RAJABHAVANA ROAD, BENGALURU - 560 001.

3. AGRICULTURAL PRODUCE MARKETING

COMMITTEE, APMC MARKET YARD, TUMAKURU ROAD, -2- BENGALURU - 560 022. BY ITS SECRETARY. …RESPONDENTS (BY SMT. LALITA P.M., HCGP FOR R1; SRI. NANDA KISHORE, ADVOCATES FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) QUASH THE FINAL NOTICE DATED 12/06/2024 IN NO. KRU.MA.E/KRU.U.MA.SA/BEN/NIYAVI/814/2024-25 ISSUED BY THE R3 MARKET COMMITTEE A COPY OF WHICH IS PRODUCED AT ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner claiming to be a Commission Agent, importer and exporter in the market yard of Agricultural Marketing Committee, Yeshvanthapur, Bengaluru, is before this Court, being aggrieved by the final notice dated 12.06.2024 produced at Annexure-F and for the issuance of mandamus directing respondent No. 3-Marketing Committee to consider his representation/reply dated 22.06.2024.

2. Learned counsel appearing for respondent No.3,

submits that no orders have been passed on the final notice -3- dated 12.06.2024 in view of petitioner rushing to this Court by filing this writ petition. He submits even if any order was passed the petitioner always has a remedy under Section 126 of the Karnataka APMC (Regulation and Development) Act,

1966. He further submits if the petitioner furnishes the documents as called for, his case would be considered in the manner known to law.

3. At this juncture learned counsel for petitioner submits that if a direction is issued to consider his case the purpose of

the petition would be served. He also submits the interim order

granted by this Court be extended till consideration and passing of the order by the respondent No.3.

4. Submission placed on record.

5. Since the respondent authorities have not passed any

orders and have merely issued a final notice dated 12.06.2024 calling upon the petitioner to pay the user fee as mentioned therein, it is open for the petitioner to raise all such contentions as may be available under law together with production of documents as requisitioned in this regard. -4-

6. The petitioner is at liberty to file statement of

objections, if not filed already filed and respondent No.3 shall pass appropriate orders thereon within an outer limit of eight weeks from the date of receipt of certified copy of this order. No coercive or prohibitive steps shall be taken by the respondents until passing of the order as directed herein above. Writ petition is disposed of accordingly. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 46

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