BANGALORE FRUIT COMMISSION AGENTS ASSOCIATION Vs. SPECIAL AGRICULTURAL MARKETING COMMITTEE FOR FRUITS AND VEGETABLES AGRAHARA

JUDGEMENT

(1.) In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellants have assailed the validity of the order dated 20.09.2011 passed by the learned Single Judge by which writ petition preferred by the appellants has been dismissed. In order to appreciate the appellants' grievance few facts need mention which are stated infra.

(2.) The appellant No.1 is a registered association of fruits commission agents who are engaged in the wholesale business in fruits. The appellant Nos.2 to 6 are the members of appellant No.1 association. The appellant Nos.2 to 6 were carrying on business near Krishnarajendra market (city market) Bengaluru. Some time in the year 1994, a notification was issued under Section 6(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (hereinafter referred to as 'the Act' for short) for establishment of Singena Agrahara Agricultural Produce Marketing Committee, sub-market yard. The members of the appellant No.1 as well as appellant Nos.2 to 6 shifted their business to the aforesaid sub-market yard and their allotted shops cum godowns in A to F block of the market yard. The respondent Nos.1 and 2 namely the Special Agricultural Market Committee and the Director, Agricultural Marketing Department prepared a plan for establishment of sub-market yard at Singena Agrahara on 03.03.2001.

(3.) Thereafter, a meeting was held on 22.11.2004 in which the administrator of respondent No.1 Committee as well as the office bearers of the appellant No.1 participated. In the aforesaid meeting, administrator of the Committee informed the office bearers of the appellant No.1 that place reserved for administrative office complex to F block is reserved for administrative office of the Committee, Bank, canteen, police station, telephone exchange and other basic amenities. Thereafter, the Director of the Agricultural Marketing Department, by a communication dated 12.10.2010 directed the Secretary of the respondent No.1 namely the Committee that many of the merchants who have obtained licence are not able to carry on the business and there are no shops / godowns in the market yard. The Secretary of the Committee was further directed to take a suitable action to identify the land near the bus stand and to allot sites to eligible fruit merchants. The Committee thereupon in its meeting on 29.10.2010 decided to construct a building as well as allot sites in the area which was identified for construction of an Administrative office and the Assistant Executive Engineer was directed to prepare approximate cost for construction of the building and the plan. The Director, by an order dated 29.10.2010, approved the construction of the building and the plan. Thus, with approval of the Director, the plan was modified and on 08.11.2010, the applications were invited from allotment of sites in newly formed H block.