SANJANA ENTERPRISES Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Heard learned counsel Shri S.S. Badawadagi, for petitioner, learned counsel Shri P.N.Hatti, for respondent No.3 and learned HCGP for respondent Nos.1 and 2.

(2.) This petition is filed by the petitioner seeking to quash the order passed by respondent No.2 dtd. 18/1/2023 and 28/2/2023, wherein the site allotted to the petitioner came to be withdrawn and the amount deposited by the petitioner came to be forfeited by collecting 25% of the amount deposited by the petitioner with a direction to collect the balance amount remaining with respondent No.3.

(3.) The petitioner is a proprietor of M/s Sanjana Enterprises running business Under Sec. 19(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act 1966. Respondent No.3 allotted the site on lease-cum-sale basis of site bearing No.B119 measuring 30 x 80 Sq.ft with a condition under Rule 10 of Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Aids) Rules, 2004. Based on the said allotment, petitioner deposited a sum of Rs.90,750.00 vide cheque bearing No.617100 of Axis Bank dtd. 27/11/2009 and the remaining amount of Rs.1,99,650.00 came to be paid by way of cheque in favour of respondent No.3. Thereafter, petitioner requested respondent No.3 to allot the site bearing No.B124 of similar measurement on lease-cum-sale instead of site No.B-119. Accordingly, the same was considered by respondent No.3 and the site sought for by the petitioner came to be allotted in his favour.