SHIVAYOGAPPA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) I have heard Sri Veeresh B. Patil, learned Counsel for the petitioners, Sri Sharanabasappa K. Baba Shetty, learned HCGP for R1 to R3 and Sri G.G.Chaga Shetty, learned Counsel appearing for respondent Nos.4 and 5.

(2.) THE Agricultural Produce Market Committee ('APMC' for short), Market Yard, Gulbarga, had issued a notification as per Annexure 'B' dated 12.4.2010 for allotment of shops/vacant sites/go-downs within the market yard on lease-cum-sale basis. The contention of the petitioners is that they had applied for allotment of the shops/vacant sites/go-downs. According to them, the value fixed by the APMC for allotment of shops/vacant sites/go-downs was too high. The New Vegetable Merchants' Welfare Association ('Association' for short), Gulbarga, filed a representation requesting the Hon'ble Chief Minister of Karnataka, Bangalore, as per Annexure 'C' dated 10/11.5.2010 for reduction of the value of those shops/vacant sites/go-downs.

(3.) THE Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 provides for allotment of sites/shops, etc., on lease-cum-sale basis. Rule 3 provides for offer of sits, etc., for allotment on lease-cum-sale basis. Rule 4(1) provides for the determination of value of site, etc., which is as under: