L. SHARADA W/O. LINGAIAH, PROPRIETOR, L. LINGAIAH AND COMPANY Vs. THE DIRECTOR OF AGRICULTURAL MARKETING AND THE SECRETARY, AGRICULTURAL PRODUCE MARKET COMMITTEE

JUDGEMENT

(1.) LEARNED HCGP is directed to take notice for R -1. Sri. H.K. Thimmegowda learned Counsel is directed to take notice for R -2.

(2.) THE Petitioner was allotted a site bearing No. B -387 at Mysore APMC yard and a lease cum sale agreement as per Annexure -C dated 16.1.2003 was executed in her favour. As per the said agreement, 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 as above, Respondent No. 2 has passed an order dated 10.12.2008 as per Annexure -A forfeiting the site in question. The Petitioner has challenged the validity of the said order dated 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 lease cum sale agreement due to the reasons beyond her 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.