KASHAPPA Vs. THE AGRICULTURE MARKETING DEPT.

JUDGEMENT

(1.) Proceedings dated 04.03.2014 of the APMC, Bidar, approving the tender submitted by one Vijaykumar for construction of a godown in the APMC main yard, Bidar and directing issuance of work order in that regard for completing the work within 165 days is called in question in this writ petition. A writ of mandamus is also sought to the respondents to consider the representations said to have been submitted by the petitioner. Petitioner is a Commission Agent and is the President of Grain and Seeds Merchant Association, Gandhi Gunj, Bidar. It is his case that in the APMC Yard Bidar, certain area has been earmarked as drying platform to enable agriculturists to dry their agricultural produce to dispose them off thereafter in the APMC Yard. This drying platform was shown in the approved layout plan and was meant for the purpose of drying food grains. Petitioner urges that without getting due approval for the modification of the plan and in violation of the approved plan, the APMC resorted to utilize a portion of the drying platform for construction of a godown.

(2.) According to the petitioner, when they noticed such an attempt made by the APMC, they gave a representation addressed to the respondents. No action was taken on the representation. On the contrary a tender notification was issued and tender submitted by one Vijaykumar was approved. Hence, petitioner claims that he has been constrained to approach this Court by filing this writ petition.

(3.) This Court directed the respondents to file statement of objections. On the previous occasion, a direction was issued to the learned Government Pleader to verify and produce the modified plan, if any, authorizing construction of the go down in the area earmarked for drying yard.