WARIS ISLAM S/O. MOHAMMAD ISLAM AYUBI Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, DIRECTOR OF MARKETING NO. 16 AND THE SECRETARY AGRICULTURAL PRODUCE MARKETING COMMITTEE

JUDGEMENT

(1.) LEARNED HCGP is directed to take notice for R -1 and R -2. Sri. K.K. Thimmegowda, learned Counsel, is directed to take notice for R -3.

(2.) THE Petitioner was allotted a site bearing No. 77 at Kolar APMC yard and a lease cum sale agreement as per Annexure -B dated 4.12.2006 was executed in his 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. 3 has issued a notice dated 22.07.2009 as per Annexure -A forfeiting the site in question. The Petitioner has challenged the validity of the said notice dated 22.07.2009 as per Annexure -A in this writ petition.

(3.) LEARNED cousnel 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 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 lease cum sale agreement within a period of one year.