VIVEKANAND BHIMALLI Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) Since, common issues are involved in these matters, the same are clubbed together and disposed of by this common order. The petitioners in these batch of matters have challenged the amendment to Section 72(1), 72(3) and the insertion of sub-section (4) in Section 72 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 ("the Act" for short) and the insertion of Rule 76-A of the Agricultural Produce Marketing (Regulation and Development) Rules, 1968 ("the Rules" for short) vide notification dated 17.2.2014 and the consequential notices issued thereof.

(2.) The petitioners, the holders of composite licence issued by 2nd respondent under Rule 76(4) of the Rules to carry on business as Trader, Commission Agent, Exporter, Importer and stockist, are before this Court challenging the amendments aforesaid as ultra vires the Constitution of India.

(3.) The learned senior counsel Sri. S. Sreevatsa representing Sri. Vishwakarmaraj Nayak for the petitioners contended that the petitioners being the holder of a valid licence as "trader" valid upto 2018-19, by the present amendment is completely erased from existence in Section 72 (1) and 72(3) without their licence having been terminated in a manner known to law.