PARVATHAREDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 226 and 227 of the Constitution seeking the following reliefs: Quashing of Annexure-B, that is, the Notification No. CMW 25 MDS. 91(11), dated 28-6-1992, issued by 1st respondent-State of Karnataka, whereby the State of Karnataka, has amalgamated the two market committees of Saidapur Market Area and Yadgir Market Area into one bearing the name of one of the Market Committees, namely, Yadgir Agricultural Produce Market Committee.

(2.) Before I proceed further, I think it proper to mention that an application was moved on behalf of the Agricultural Produce Market Committee, Yadgir, Gulbarga District, through its Secretary, for its impleadment as respondent No. 3. I have allowed that application after having heard the counsel for the parties vide my order dated 12-5-1994, thereby, the learned counsel carried out the amendment by incorporating the name of Agricultural Produce Market Committee, Yadgir, Gulbarga District, as respondent No. 3. Sri N. Devadas, learned Government Advocate for the State of Karnataka and for the Director of Agricultural Marketing, Bangalore-1, as well as Sri B.G. Sridharan, counsel for the newly added party, that is, respondent No.3, urged that the petition may be heard and disposed of finally, as there is no need to file any counter affidavit. The arguments as such have been heard on merits as made by the counsels for the parties.

(3.) The facts of the case in brief are as hereinafter: That as peral legations made in this writ petition, the petitioner claims himself to be a permanent resident of Village Saidapur as well as to be an Agriculturist by profession. He has alleged that he felt aggrieved from the notification dated 28-9-1992, issued by respondent No. 1, as such, he has preferred the present writ petition. According to him, the 1st respondent established a market yard in Saidapur Village sometimes in 1969, covering whole of Saidapur and Yadgir as well as areas covered within 5 miles radius. That Saidapur market yard has been the biggest market yard in that area, having its own land with a number of shops, Commission Agents, stockists, exporters and godowns in the Market Yard. It has been further asserted in this writ petition that Saidapur is one of the centres of business carried on by the Traders of the entire area of Revenue Circle of Saidapur and this market yard has got all facilities. The petitioner's grievance is that Saidapur Yard is 3 Kilometre away from Yadgir Market Yard and as such, the Agriculturists or the persons i.e., the agricultural producers will have to come to Yadgir after having covered a distance of more than 40 to 60 kms. and in such a situation, they may not be in a position to bear the transportation expenses and as such, they may have to fall back on the middlemen which will totally defeat the purposes of establishing the market area or market yard. That earlier, the petitioner was the Chairman of the Market Committee and being a permanent resident and the Chairman of the Market Committee, filed objections to the proposed amalgamation on 14-3-1992 and copy of that objection has been annexed to this writ petition as Annexure-A. The 1st respondent without having taken into consideration the objections filed by the petitioner and the other Traders and Agriculturists of the area and without assigning any reasons, issued a notification amalgamating the Saidapur Market Area, that is, as mentioned in this writ petition with that of Yadgir Market Yard vide notification dated 28-6-1992-Annexure-B to this writ petition. That on account of amalgamation of Saidapur Market Yard with Yadgir Market Yard, the established businessmen and Commission Agents, who have got shops and other shop-keepers in Saidapur will be put to great loss, injury and harassment. It has also been alleged that there will be no effective control and the agriculturists will be put to lot of inconvenience.