B N NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE legality and validity of the resolution dated 5.9.2008 of the respondent Agricultural Produce Marketing Committee [for short 'APMC'], forfeiting the site allotted to the petitioner and the amount deposited is called in question in this petition.

(2.) PETITIONER asserts to be a licence holder under the Karnataka Agricultural Produce Marketing [Regulations] Act, 1966, trading in notified agricultural commodities falling within the territorial jurisdiction of the 3rd respondent Committee. During the year 1982, it is said the State introduced an enactment restricting the place of marketing in the yard only. On the coming into force of the amendment Act of 1982, except retail trade, trading activity was required to be carried out in the market yard only and therefore created an obligation by which trading was licenced and the licencee was required to have a shop or site or godown in the market yard and therefore the regime of allotment of a shop cum godown or site by the Committee was commenced subject to the allottee being a trader holding a valid licence.

(3.) PETITIONER , when allotted two sites bearing Nos. 47 and 48 on 29.4.1994 at APMC yard, Kunigal, made payment of Rs. 48,000/ - being the full value of the site allotted. According to the petitioner, since the respondents did not come forward to execute the leasecum - sale agreement, petitioner could not put up construction of the building. It is on this premise, it is contended that the cancellation of the site allotted and the forfeiture of the amount by the resolution and the order respectively, are illegal and unjust.