ORDER : In the instant petition petitioner has assailed Annexures-AA and AB dated 03.09.2019 and 20.12.2019 respectively by which cancellation of site bearing No.50 in A block and site bearing No.1 in G block on the score that petitioner has violated provisions of the Karnataka Agricultural Produce Marketing (Regulation of allotment of property in Market Yards) Rules, 2004 (for short ‘Rules, 2004). 2. The petitioner is said to have deviated sanction plan and constructed pillars on first floor with an intention to have benefit of second floor. This was noticed by the respondent-APMC and proceeded to take action by issuing show cause notice as to why allotment of sites stated supra shall not be cancelled while invoking Rule 20 of Rules 2004. 3. Learned counsel for the petitioner submitted his explanation while stating that intention of erecting such pillars is only to lay junk sheet and not with any other construction of concrete. Further, he had furnished books of accounts for the last three years which was sought by the authority. The authorities proceeded to cancel the site allotted to the petitioner by impugned endorsement. Perusal of Annexure-AA dated 03.09.2019 – endorsement, there is not even reference and consideration of show cause notice and explanation of the petitioner dated 19.2.2018. When Rule 20 of Rules 2004 relates to penal fee whereas the provision provides for cancellation of allotment of site/shop if there is any violation of condition imposed or deviation in construction. 4. Prima facie endorsement dated 03.09.2019, there is no consideration of reference of show cause notice and explanation of the petitioner. Thus, there is total non application of mind in issuing impugned endorsement by the Secretary. Accordingly, Annexure-AA dated 03.09.2019-endorsement and consequential notice dated 20.12.2019 stands set aside. Writ petition stands allowed reserving liberty to the respondent to proceed in accordance with law after giving due opportunity to the petitioner.