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High CourtsSingle Bench(2010) 09 KAR CK 0103

Kumara Traders vs State of Karnataka and The Secretary, Agricultural Produce Marketing Committee

Karnataka High Court · Decided on 20 September 2010

HON’BLE JUDGES
S. Abdul Nazeer, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 28049 of 2010
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Judgment

7 paragraphs · 348 words

S. Abdul Nazeer, J.—Learned HCGP is directed to take notice for Respondent No. 1 & 2. Sri B. Redragowda, learned Counsel is directed to take notice for Respondent No. 3.

2.

The Petitioner was allotted a site bearing No. 37/109, Class-C at Tumkur APMC yard. As per the lease cum sole Agreement executed in its favour, the Petitioner ought to have to put up construction on the said site within a period of one year. Since the Petitioner failed to put up construction an above, Respondent No. 3 has issued a notice dated 03.12.2008 as per Annexure-A forfeiting the site in question. The Petitioner has challenged the validity of the said notice dated 3.12.2008 as per Annexure-A in this writ petition.

3.

I have heard the learned Counsel for the parties.

4.

Learned Counsel for the Petitioner submits that the Petitioner could not put up construction on the said site in accordance with the terms and conditions of the lease cum sale agreement due to the reasons beyond its control. He further submits that the Petitioner will put up construction on the said site in accordance with the terms and conditions of the lease cum sale agreement within a period of one year.

5.

The submission of the learned Counsel for the Petitioner is just and reasonable. In identical matters, this Court has granted an year''s time to the Petitioners therein to put up construction on the sites allotted by the APMC in accordance with the terms and conditions of the lease cum sale agreement. The Petitioner is also entitled for the similar order.

6.

In the result, the writ petition succeeds and it is accordingly allowed. The notice dated 3.12.2008 as per Annexure-A is hereby quashed. The Petitioner is granted one year from today to put up construction on the site in question failing which liberty is reserved to the Respondents to tike appropriate action against the Petitioner in accordance with law. No costs.

Learned advocates are permitted to file their vakalath/memo of appearance as the case may be within a period of six weeks from today.