KUMARA TRADERS R/P BY ITS PROPRIETOR, SRI. S.C. PALANETRAPPA S/O CHANNAVEERAPPA Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, DIRECTOR OF MARKETING AND THE SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE@RESPONDEN

JUDGEMENT

(1.) LEARNED HCGP is directed to take notice for Respondent No. 1 and 2. Sri B. Redragowda, learned Counsel is directed to take notice for Respondent No. 3.

(2.) THE Petitioner was allotted a site bearing No. 37/109, Class -C at Tumkur APMC yard. As per the lease cum sole Agreement executed in its favour, the Petitioner ought to have to put up construction on the said site within a period of one year. Since the Petitioner failed to put up construction an above, Respondent No. 3 has issued a notice dated 03.12.2008 as per Annexure -A forfeiting the site in question. The Petitioner has challenged the validity of the said notice dated 3.12.2008 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 lease cum sale agreement due to the reasons beyond its control. He further submits that the Petitioner will put up construction on the said site in accordance with the terms and conditions of the lease cum sale agreement within a period of one year.