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2020 DIGILAW 2370 (KAR)

V. Chandrashekar v. State of Karnataka

2020-12-21

B.V.NAGARATHNA, NATARAJ RANGASWAMY

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JUDGMENT : B.V. Nagarathna, J. 1. We have heard learned Counsel for the appellants and learned AGA for the 1st respondent, on advance notice, and we have perused the impugned order. 2. Learned Single Judge had observed if, the petitioners/appellants herein, appear before Deputy Commissioner on 25.11.2020 at 11.00 a.m., they will be shown (allotted) their respective shops. They would be indicated their shops which would be allotted to them on premise that they are the licence holders. 3. Learned Counsel for the appellants submitted that the appellants did not appear before the Deputy Commissioner on the aforesaid date. Further the appellants are the licence holders and their licence period continues up to year 2022. Presently, they are continuing their business in the APMC yard. If the shops allotted to them in the APMC yard are not made available in future, their rights as licencees will have to be protected and alternative shops will have to be allotted to them. But, such a step has not yet been taken by the respondents. 4. Learned Additional Government Advocate submits that if the appellants appear before the Deputy Commissioner on a particular date and ventilate their grievances, the same would be assuaged. She submits that the appellants should also make a representation to the Deputy Commissioner, Davanagere District, Davanagere, the 1st respondent herein, who would consider the same in accordance with law and ensure that the right of the appellants as licensees is protected, even though the premises may be changed. 5. We have considered the submissions of the learned Counsel for the respective parties. 6. In the circumstances, we dispose of this appeal reserving liberty to the appellants herein to appear before the 1st respondent Deputy Commissioner, Davanagere District, Davanagere on 7.1.2021 at 3.00 p.m. On the said date, the appellants herein may express their grievances and also make their written representation. It is needless to observe that if the appellants appear on the said date before the Deputy Commissioner, Davanagere District, Davanagere, the 1st respondent herein, shall consider the representation made by the appellants in accordance with law. 7. It is needless to observe that if the appellants appear on the said date before the Deputy Commissioner, Davanagere District, Davanagere, the 1st respondent herein, shall consider the representation made by the appellants in accordance with law. 7. Having regard to the fact that the appellants are the licence holders and their licences continue till the year 2022, liberty is reserved to the appellants to approach the Secretary of the 2nd respondent-APMC, Davanagere, seeking necessary facilities for shifting their business from APMC yard to the premises to be allotted to them. If any request is made by the appellants to the Secretary of the 2nd respondent APMC, with regard to the shifting and allocation of new premises to them, the same shall be considered in accordance with law, having regard to the fact that the appellants are the licence holders. 8. It is further clarified that till the alternative shops are allocated to the appellants and the date is fixed for them to shift to the said shops, there shall be no interference caused to appellants' business in any manner whatsoever. 9. It is further clarified that once the Deputy Commissioner, Davanagere District, Davanagere allots the shops and fixes the time frame for shifting of the shops to the new premises, the appellants herein shall not procrastinate and shall adhere to the time frame to be indicated by the Deputy Commissioner, Davanagere District, Davanagere. If for any reason, the appellants do not shift from their shops, after the time frame fixed by the Deputy Commissioner, liberty is reserved to the respondents to take steps to vacate the appellants from the present shops. 10. Also allocation of the shops shall be made having regard to the date on which the appellants have entered into lease and also bearing in mind the extent of the shop premises. Appeal is disposed in the aforesaid terms. In view of the disposal of the appeal, pending applications stand disposed.