CHANABASAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE petitioners in these writ petitions have sought for quashing the resolution dated 28.06.2014 passed by the Agricultural Produce Marketing Committee, Koppal (hereinafter referred to as 'the APMC', for short) and also the order dated 30.06.2014 passed by the Deputy Commissioner, Koppal. Further the petitioners have also sought for writ of mandamus to direct the 1st respondent to hold the market day of sheep and cattle at Kukanappalli village on every Friday and also sought for other reliefs.

(2.) IN the writ petitions, the petitioners contended that the petitioners are the permanent residents of Kukanapalli village. The sheep and cattle market is being held every Friday at Sri. Betadalingeshwar temple land from so many years. Subsequently, in the year 1995, it was shifted to the sub market yard [notified area as per the Karnataka Agricultural Marketing Committee (Regulation and Development)]. There is no complaint by any of the villagers regarding holding of the market day on every Friday.

(3.) SRI . Mallikarjun Basareddy, learned counsel appearing for respondent No.2 argued in support of the order passed by the Deputy Commissioner and contended that, at Budagumpa cross, the market day is held on every Friday. If the market day at Kukanpalli is also fixed on Friday, it will be difficult for the public to go to the market at both the places simultaneously. If the market day at Kikanpalli is fixed on Wednesday, it is helpful to the villagers to attend the market at Budagumpa cross on Friday. Taking into consideration of the representation of the villagers, the APMC has passed the resolution. The Deputy Commissioner concurring with the resolution passed by the APMC, has passed the impugned order. Hence he contended that the order passed by the Deputy Commissioner is in accordance with law and sought for dismissal of the writ petitions.