LAWS(KAR)-2010-12-141

R.N. RAJASH EKARACHAR S/O LATE NAGANNACHAR PROP R.N.R. TRADERS Vs. THE DIRECTOR OF MARKETING APMC AND THE SECRETARY AGRICULTURAL PRODUCE MARKET COMMITTEE

Decided On December 03, 2010
R.N. Rajash Ekarachar S/O Late Nagannachar Prop R.N.R. Traders Appellant
V/S
Director Of Marketing Apmc And The Secretary Agricultural Produce Market Committee Respondents

JUDGEMENT

(1.) LEARNED HCGP is directed to take notice for Respondent No. 1. Sri. H.K. Thimmegowda, learned Counsel is directed to take notice for Respondent No 2.

(2.) THE Petitioner was allotted a site bearing No. B -337 at APMC yard, Mysore. The Petitioner ought to have to put up construction on the said site within a period of one year from the date of execution of lease cum sale deed. Since the Petitioner failed to put up construction as above, Respondent No. 2 has passed an order dated 10.12.2008 as per Annexures -A forfeiting the site in question. The Petitioner has challenged the validity of the said order 10.12.2008 as per Annexure -A in this writ petition.

(3.) LEARNED Counsel for the Petitioner submits that the Petitioner could not put up construction on the said site in accordance with the terms and conditions of the scheme made under the provisions of the Act due to the reasons beyond his control He further submits that the Petitioner will put up construction on the said site in accordance with the terms and conditions of the said scheme within a period of one year.