M/S. NIRANJANA TRADERS vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 31221 OF 2025 (APMC)
C/W
WRIT PETITION NO. 30313 OF 2025 (APMC),
WRIT PETITION NO. 30347 OF 2025 (APMC),
WRIT PETITION NO. 30391 OF 2025 (APMC),
WRIT PETITION NO. 30452 OF 2025 (APMC),
WRIT PETITION NO. 30454 OF 2025 (APMC),
WRIT PETITION NO. 30516 OF 2025 (APMC),
WRIT PETITION NO. 31142 OF 2025 (APMC),
WRIT PETITION NO. 31168 OF 2025 (APMC),
WRIT PETITION NO. 31211 OF 2025 (APMC),
WRIT PETITION NO. 31236 OF 2025 (APMC),
WRIT PETITION NO. 31252 OF 2025 (APMC),
WRIT PETITION NO. 31298 OF 2025 (APMC),
WRIT PETITION NO. 31332 OF 2025 (APMC),
WRIT PETITION NO. 33165 OF 2025 (APMC),
WRIT PETITION NO. 33266 OF 2025 (APMC)
IN WP No. 31221/2025
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
BETWEEN:
M/S RAVI ENTERPRISES
A PARTNERSHIP FIRM
HAVING ITS OFFICE AT
D-7, APMC YARD, SAGAR ROAD,
SHIVAMOGGA - 577204
REPRESENTED BY ITS AUHTORIZED PARTNER
SRI. A.G. PRAKASH
S/O SRI. SHIVAN A.G.
AGED ABOUT 60 YEARS
…PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
- 2 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
…RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 30313/2025
BETWEEN:
SRI. MAHAVEERCHAND
S/O SRI. SAMPAT LAL,
AGED ABOUT 51 YEARS,
PROPRIETOR,
CARRYING ON BUSINESS IN THE NAME AND STYLE OF
M/S. VIKAS TRADERS,
HAVING ITS OFFICE AT F-5A, GROUND FLOOR
APMC YARD, SHIVAMOGGA- 577201
PROPRIETORSHIP CONCERNED
...PETITIONER
- 3 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 30347/2025
BETWEEN:
M/S T.M. SIDDAPPA AND SONS
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT
AP-1 AND AP-2, APMC YARD,
SHIVAMOGGA - 577204,
REPRESENTED BY ITS AUTHORISED PARTNER,
SRI. DANAPPA M.,
- 4 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
S/O SRI. M. SIDDAPPA,
AGED ABOUT 64 YEARS
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2.
THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 30391/2025
BETWEEN:
M/S GAJANANA TRADERS
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT E-15, APMC YARD,
SHIVAMOGGA-577204
- 5 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
REPRESENTED BY ITS AUTHORISED PARTNER,
SRI. T.S. SRIKANTH,
S/O SRI. T. SUBRAMANI,
AGED ABOUT 47 YEARS
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3.
THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 30452/2025
BETWEEN:
M/S KANNIKA TRADERS
A PARTNERSHIP FIRM,
- 6 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
HAVING ITS OFFICE AT G-1, APMC YARD,
SHIVAMOGGA - 577204,
REPRESENTED BY ITS AUTHORISED PARTNER,
SRI. H. N. RAGHU PRASAD,
S/O SRI. H.N. NANJUNDA RAJA SETTY,
AGED ABOUT 46 YEARS
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2.
THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
- 7 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
IN WP NO. 30454/2025
BETWEEN:
SRI. M. HANUMANTHAPPA
S/O SRI. M. SIDDAPPA
AGED ABOUT 60 YEARS
PROPRIETOR,
CARRYING ON BUSINESS IN THE NAME AND STYLE OF
M/S M. HANUMANTHAPPPA,
HAVING ITS OFFICE AT F-28,
GROUND FLOOR, APMC YARD,
SHIVAMOGGA -577204
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3.
THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
- 8 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 30516/2025
BETWEEN:
M/S CHIDANANDA TRADERS
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT W-23, APMC YARD,
SHIVAMOGGA - 577204,
REPRESENTED BY ITS AUTHORISED PARTNER,
SRI. PRASANNA A.B.,
S/O SRI. A.G. BASETTAPPA,
AGED ABOUT 50 YEARS
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3.
THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
- 9 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 31142/2025
BETWEEN:
SRI. DEEPAK KUMAR
S/O SRI. HARAKCHAND,
AGED ABOUT 32 YEARS,
PROPRIETOR,
CARRYING ON BUSINESS IN THE NAME AND STYLE OF
M/S MAHAVEER MARKETING
HAVING ITS OFFICE AT I-6B, APMC YARD,
SAGAR ROAD, SHIVAMOGGA - 577204
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
- 10 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 31168/2025
BETWEEN:
M/S. NIRANJANA TRADERS
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT G-2,
APMC YARD, SAGAR ROAD,
SHIVAMOGGA-577 201,
REPRESENTED BY ITS AUTHORIZED PARTNER,
SRI. H.N. RAJARATHNAM SETTY,
S/O. SRI. H.A. NARAYANA SETTY,
AGED ABOUT 70 YEARS
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3.
THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
- 11 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 31211/2025
BETWEEN:
M/S. SRI. VEEBHA AND CO.,
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT G(2)-1, APMC YARD,
SAGAR ROAD, SHIVAMOGGA -577204,
REPRESENTED BY ITS AUTHORISED PARTNER,
SRI. M.P. NAGARAJ,
S/O SRI. M.P. MALLIKARJUNAPPA,
AGED ABOUT 66 YEARS
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
- 12 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
3.
THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 31236/2025
BETWEEN:
SRI. SACHIN
S/O. SRI. JAYANTHILAL,
AGED ABOUT 33 YEARS,
PROPRIETOR,
CARRYING ON BUSINESS IN THE NAME AND STYLE OF
M/S. ANMOL TRADING CO.,
HAVING ITS OFFICE AT G-3/1,
GROUND FLOOR, APMC YARD,
SHIVAMOGGA-577 204.
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
- 13 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
2.
THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 31252/2025
BETWEEN:
M/S RAMANA STORES
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT E-4 BLOCK, APMC YARD,
SAGAR ROAD, SHIVAMOGGA - 577204,
REPRESENTED BY ITS AUTHORISED PARTNER,
SRI. ASHWATHAIAH SHETTY,
S/O SRI. H.A. NARAYANA SHETTY,
AGED ABOUT 65 YEARS.
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
- 14 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 31298/2025
BETWEEN:
SRI. PRAKASH. B.A.
S/O. SRI. N.B. ANANDAPPA,
AGED ABOUT 52 YEARS,
PROPRIETOR,
CARRYING ON BUSINESS IN THE NAME AND STYLE OF
M/S. BHADRAVATI TRADING CO.,
HAVING ITS OFFICE AT G-2/5,
APMC YARD, SHIVAMOGGA-577 204.
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
- 15 -
HC-KAR
NC: 2026:KHC:59344
WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3.
THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 31332/2025
BETWEEN:
SRI. SUNIL KUMAR
S/O SRI. KANTHILAL,
AGED ABOUT 45 YEARS,
PROPRIETOR,
CARRYING ON BUSINESS IN THE NAME AND STYLE OF
M/S. BALAJI DISTRIBUTORS,
HAVING ITS OFFICE AT Y-3, APMC YARD,
SAGAR ROAD, SHIVAMOGGA-577204
...PETITIONER
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WP No. 31221 of 2025
C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
CNR: KAHC010671902025
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 33165/2025
BETWEEN:
M/S. PATEL TRADING CO.,
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT F-10,
APMC YARD, SAGAR ROAD,
SHIVAMOGGA -577204
REPRESENTED BY ITS AUTHORISED PARTNER,
TEJARAM PATEL
S/O SUJARAM,
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WP No. 30347 of 2025
AND 13 OTHERS
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AGED ABOUT 36 YEARS.
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3.
THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
IN WP NO. 33266/2025
BETWEEN:
SRI. VINOD KUMAR S BAFNA
S/O SRI. SURESH KUMAR BAFNA,
AGED ABOUT 38 YEARS,
PROPRIETOR,
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CARRYING ON BUSINESS IN THE NAME AND STYLE OF
M/S. M/S BAFNA SPICES,
HAVING ITS OFFICE AT SCC-13,
APMC YARD, SAGAR ROAD,
SHIVAMOGGA- 577204
...PETITIONER
(BY SRI. LEELESH KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE
VIDHANA SOUDHA
BENGALURU - 560001
2.
THE DIRECTOR OF AGRICULTURAL MARKETING
ND
NO.16, 2 RAJBHAVAN ROAD
BENGALURU - 560001
3. THE SECRETARY
AGRICULTURE PRODUCE MARKET COMMITTEE (APMC)
SAGAR ROAD, SHIVAMOGGA - 577204
...RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2;
SRI. T. SWAROOP, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
NOTICE DATED 12.09.2025 BEARING NO.
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/
RD
ISSUED BY THE 3 RESPONDENT (ANNEXURE-C) AND
1244/2025-26
ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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AND 13 OTHERS
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CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
In all these petitions, the petitioners have challenged the
notices bearing No. dated
PÀȪÀiÁE/PÀÈGªÀiÁ¸À(²)/¯ÉÊ.«/1244/2025-26
12.09.2025 issued by respondent No.3 whereby they were
directed by the respondent No.3 to show-cause why action
should not be taken against them for dealing in non-notified
products. They have also sought for a writ to declare that
sugar, corn flour, wheat, rava, aata, maida, edible oils, pepper
powder, mustard oil, species, condiments, dry fruits and cattle
feed etc., all by-products and allied products directly derived
from the notified goods listed in the schedule to the Karnataka
Agriculture Produce Marketing (Regulation and Development)
Act, 1966.
2. (i) The petitioners contend that they are all
licenced by the respondent No.3 to engage in the trade of
agricultural produce and are registered under the Goods and
Services Tax Act, 2017. They contend that their licences issued
by the respondent No.3 are in force. They contend that they
are trading in notified agricultural produce and non-notified
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allied products such as sugar, jaggery, maize flour, wheat
flour/maida, edible oils and cattle feeds. The petitioners in
W.P.Nos.33165/2025 and 33266/2025 are trading in notified
agricultural produce and non-notified allied products as such
as, mustrard, Methi (fenugreek), pepper, Dhaniya (Coriander),
Copra, Cashew, Barley (Jan) and Rice. They contend that the
respondent No.3 issued a notice dated 12.09.2025 alleging that
the petitioners are trading in 'non-notified agricultural produce'
and directed them to remove such goods from the premises
within 03 days, failing which, action would be initiated.
(ii) All the petitioners submitted a consolidated reply on
16.09.2025, denying the allegations and called upon the
respondent No.3 to withdraw the notice. They contend that the
authority to determine whether the goods sold by the
petitioners are 'notified' or 'non-notified' is a statutory function
of the State Government under Sections 3 and 4 of the
Karnataka Agricultural Produce Marketing (Regulation and
Development) Act, 1966 (henceforth referred to as 'Act, 1966'
for short). They contend that the respondent No.3 being an
Administrative Officer, does not possess any quasi-judicial
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powers. Therefore, it is contended that the Secretary of the
respondent No.3 has usurped the powers of the State and
hence the impugned notice is ultra vires the provisions of the
Act, 1966.
(iii) They also contend that Section 2(18-A) of the Act,
1966 concerns buying, selling, importing, exporting, grading,
processing, storage, transport, branding, packaging, market
information and channels of distribution, and includes all
activities involved in the production of notified agricultural
produce, commencing from the stage of harvest till such
notified agricultural produce reaches the consumers ultimately.
They contend that the Karnataka Agricultural Produce
Marketing (Regulation of Allotment of Property in Market Yards)
Rules, 2004 permit property allotments for "business relating to
agricultural produce and allied activities". Therefore, it is
contended that the 'non-notified allied products' in which the
petitioners are trading are directly related to 'notified' produce
and therefore falls within the ambit of Section 2(18-A) of the
Act, 1966. In support of this contention, they relied upon the
judgment of the Hon'ble Apex Court in Britannia Industries
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C/W WP No. 30313 of 2025
WP No. 30347 of 2025
AND 13 OTHERS
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Ltd., Vs. Bombay Agricultural Produce Marketing
Committee and Another - (2020) 11 SCC 623 where it was
held that processed items like sugar and edible oils, being
natural derivatives of notified crops, retain their agricultural
character. Therefore, they contend that the impugned notice is
defective and is not in consonance with the purport of Section
2(18-A) of the Act, 1966 and the judgment of the Hon'ble Apex
Court in the case of Britannia Industries Ltd., referred supra.
They also contend that the respondent No.3 has permitted
similarly placed traders in the very same APMC yard to continue
trading in identical commodities and that singling out the
petitioners amounts to discrimination.
3. The learned counsel appearing for the petitioners in
all these petitions reiterated the above contentions and submits
that the petitioners are entitled to trade in 'non-notified allied
products' and therefore the impugned notice is liable to be set
at naught.
4. (i) The writ petition is opposed by the
respondent No.3 who has filed a statement of objections
contending that "agricultural produce" is defined under Section
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2(1) of the Act, 1966, to mean the produce or goods specified
in the Schedule. Under Section 8(1)(b) of the Act, 1966, no
person shall, without or otherwise than in conformity with the
terms and conditions of a licence granted by the market
committee, or the Director of Agricultural Marketing or the
officer authorised by him in this behalf, use in any place in the
market area for the marketing of the notified agricultural
produce or operate in the market area or in any market therein
as a trader or in any other capacity in relation to the marketing
of notified agricultural produce. It is therefore contended that
any products which are not notified in the schedule can be
traded in the market area. Reliance is also placed on Section
8(2) of the Act, 1966, which provides that no place except the
market yard, market sub-yard, sub-market yard, private
market yard or farmer-consumer market yard, as the case may
be, shall be used for purchase or sale of notified agricultural
produce.
(ii) Likewise, reliance is placed on Section 8(3) of the
Act, 1966 to contend that there are few exceptions to Section
8(2) of the Act, 1966 and one such exception is retail sale,
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AND 13 OTHERS
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where a buyer or seller can sell non-notified agricultural
produce outside the market yard. Reliance is also placed on
Section 65(2) of the Act, 1966 to contend that the market
committee shall levy and collect market fees from every buyer
in respect of agricultural produce bought by such buyer in the
market area. It is therefore contended that all these provisions
relate to notified agricultural produce and do not cover
commodities which are not notified or commodities which are
allied to agricultural produce.
(iii) It is contended that many commodities, though
agricultural produce, are not included in the Schedule to the
Act, 1966, such as, walnuts, pista, strawberry, blueberry,
cardamom, cloves, nutmeg, cinnamon, little millet, kodo millet,
barnyard millet, browntop millet, pearl millet, proso millet,
great millet. It is claimed that the State Government has the
power to add, amend or delete any commodity in the Schedule,
as provided under Section 152-A of the Act, 1966 but the
respondent No.3 has no power to include or delete any
commodity from the Schedule. The respondent No.3 as a
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market committee is obliged to regulate the trading activities in
the Market yard as provided under Section 63 of the Act, 1966.
(iv) It is contended that the notice was issued by the
Secretary of the market committee to stop trading activities in
commodities which are not mentioned in the Schedule to the
Act, 1966 and that the Secretary of the respondent No.3 is
entitled to issue such notices in discharge of his duties under
Section 56 of the Act, 1966. In response to the reliance placed
by the petitioners on the judgment of the Hon'ble Apex Court in
Britannia Industries Ltd . supra, it is contended that the
Maharashtra APMC Act was amended to include edible oil,
Vanaspati and Sugar in the Schedule and therefore the
petitioners cannot rely on the said judgment to contend that
they are entitled to trade in non-notified produce.
(v) It is claimed that if the petitioners intend to trade in
commodities like maida, rava, sugar, wheat, aata, edible oils
and cattle feed etc., they have to make a representation to the
State Government under Section 152-A of the Act, 1966 and it
is for the State Government to take a decision in that regard. It
is therefore contended that as long as the petitioners trade in
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notified commodities, the respondent No.3 is not entitled to
question them but when the petitioners trade in non-notified
commodities, the respondent No.3 is bound to regulate such
trade by issuing appropriate notices and in that context, the
impugned notices were issued.
5. The learned counsel for the respondent No.3
reiterated the above contentions and submits that the
petitioners are not entitled to trade in non-notified products
and cannot claim that such products are allied to agricultural
produce. He contends that in W.P.Nos.31236/2025,
31252/2025, 33165/2025 and 33266/2025, the petitioners are
trading in commodities which are neither notified agricultural
produce nor allied products and therefore, respondent No.3 is
entitled to regulate the trading of products which are not even
allied to agricultural produce.
6. I have considered the submissions of the learned
counsel for the petitioners as well as the learned counsel for
respondent No.3.
7. The petitioners in W.P.Nos.31221/2025,
30313/2025, 30347/2025, 30391/2025, 30452/2025,
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30454/2025, 30516/2025, 31142/2025, 31168/2025,
31211/2025, 31298/2025 and 31332/2025 contend that the
commodities in which they are trading are allied products and
that they are entitled to trade in the said products without
obtaining any separate permission. The petitioners in
W.P.Nos.31236/2025, 31252/2025, 33165/2025 and
33266/2025 contend that they are trading in commodities
which are neither notified agricultural produce nor allied
products.
8. The petitioners have all approached this Court
challenging the notices issued by the respondent No.3 requiring
them to discontinue or stop trading in non-notified commodities
in the market yard. The respondent No.3 being the authority
concerned to regulate marketing activities in the market yard,
is entitled to call upon the petitioners to desist from engaging
in the trade of non-notified commodities. If the petitioners have
any genuine justification, they are bound to submit their reply.
The petitioners admit that they have submitted a consolidated
reply to the notices.
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However, they have rushed to this Court even before the
respondent No.3 took a decision on the reply submitted by the
petitioners. Therefore, no indulgence can be shown to the
petitioners in these writ petitions. Consequently, these petitions
are dismissed . The respondent No.3 is directed to take
appropriate decision on the reply submitted by the petitioners
and notify the same to the petitioners. Thereafter, the
respondent No.3 can take any necessary any action deemed fit.
9. If the petitioners desire to furnish any further reply,
they may do so within 10 days from the date of receipt of a
copy of this order and the respondent No.3 shall take a decision
on the consolidated reply earlier filed and the fresh reply that
may be filed by the petitioners and pass appropriate orders
within two months thereafter in accordance with law and after
hearing the petitioners. Until then, the respondent No.3 shall
not take any action against the petitioners.
Sd/-
(R. NATARAJ)
JUDGE
HJ/List No.: 1 Sl No.: 6