DEEN MOHAMED A.R. S/O ABDUL RAHIM AND OTHERS ETC. Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, DIRECTOR OF MARKETING AND THE SECRETARY AGRICULTURE PRODUCE MARKET COMMITTEE AND OTHER

JUDGEMENT

(1.) PETITIONERS in all these writ petitions are market functionaries carrying on their trade in notified agricultural produce, in different Market Committees such as Agricultural Produce Market Committee, Mysore, in Writ Petitioners in Writ Petition Nos. 1523 -1529/2009 within the market area/yard of Chellakere Agricultural Produce Market Committee In respect of whom Sri. A.C. Balaraj, Advocate takes notice, so also in Writ Petition Nos. 279/ -2800/2009 and connected matters carrying on trade within the area of Chellakere Agricultural Produce Market Committee within the precinct of Chiiradurga Agricultural Produce Market Committee as in the case of writ petitioners in Writ Petition No.4746 - 4749/2009 etc,

(2.) WRIT Petitioners are all persons who had been allotted sites within the respective market yards to enable them to put up construction and to have their own place of business in the said building and such allotments were made during the period starting from 1994 up to 2003 as in the case of petitioner in Writ Petition No. 16941/2008.

(3.) IT is the common case of these writ petitioners that while some of them had taken steps to put up construction which was either in mid way or had pot been completed due to some hardship or reasons beyond their control, in some cases they could not even start such construction as the site which had been allotted in their favour did not have proper civic facilities such as approach road and other facilities and could not put up construction as per the terms of the allotment, but the Market Committee nevertheless has taken the extreme step of not only cancelling the allotment, but also forfeiting the amount paid in respect of the sites allotted to them and it is questioning such cancellation and forfeiture orders, these Writ Petitions.