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WRIT PETITION NO. 107119 OF 2025 (APMC)

High Court: Karnataka High Court Bench: DHARWAD
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2026-11-01 07:21:03
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Issue of Consideration

Whether the cancellation order dated 15.09.2025 against the private market yard license is valid and falls within the grounds enumerated under Section 72D(1) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, and whether the writ petition is maintainable despite availability of alternative remedy.

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Law Points

  • Article 14
  • Article 19(1)(g)
  • natural justice
  • APMC Act Sections 72D
  • 72E
  • grounds for cancellation of license
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Case Details

2025 LawText (KAR) (10) 32

WP No. 107119 of 2025 (APMC) C/W WP No. 107123 of 2025 (APMC)

2025-10-27

Suraj Govindaraj

Pramod N. Kathavi, Ramachandra A. Mali, Harsha Desai, Gangadhar J.M. AAG, Ramesh B. Chigari AGA, P.N. Hatti, Nitin R. Bolabandi, Anand Mandagi, Shobha H.

Jai Kisan Wholesale Vegetable Merchants’ Association; Shubham P. Tarale and Others

The State of Karnataka, The Director of Agriculture Produce Marketing, The Dy. Director, Dept. of Agriculture Produce Marketing Belagavi, The Dy. Commissioner Belagavi, The Secretary, Agricultural Produce Marketing Committee Belagavi, Sri. Sidagouda Modagi, Belagavi District Wholesale Vegetable Merchants Welfare Sangha, Sri. Chunappa Pujeri

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Nature of Litigation

Writ petitions under Articles 226 and 227 of the Constitution challenging the cancellation of license for a private market yard under the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966.

Remedy Sought

The petitioners sought to quash the order dated 15.09.2025 passed by the Director of Agriculture Produce Marketing cancelling the license of the private market yard.

Filing Reason

The license was cancelled allegedly on false and fabricated grounds, without following principles of natural justice, and the order did not fall within the statutory grounds for cancellation under Section 72D of the APMC Act.

Previous Decisions

The matter was previously subject to several litigations including a PIL that was dismissed, and criminal proceedings that were quashed. The cancellation order was passed ex-parte.

Issues

Whether the cancellation order dated 15.09.2025 is valid under the provisions of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, particularly Section 72D Whether the writ petition is maintainable despite availability of alternative remedy under Section 72E of the APMC Act Whether the impugned order violates principles of natural justice and Articles 14 and 19(1)(g) of the Constitution of India

Submissions/Arguments

The cancellation order was based on false complaints and fabricated reports without giving adequate opportunity to the petitioner. The order does not fall within any of the grounds (a) to (f) of Section 72D(1) and therefore cannot be appealed under Section 72E, making the writ petition maintainable. The action violates Article 14 and Article 19(1)(g) of the Constitution.

Judgment Excerpts

The petitioner-Jai Kisan Wholesale Vegetable Merchants’ Association claims that it was registered under the Karnataka Societies Registration Act, 1960 The Order cancelling the license of the petitioner is not sustainable, it is contrary to Article 14, as also 19(1)(g) of the Constitution of India.

Procedural History

The petitioner had obtained license and established a private market yard. Complaints were filed by various parties leading to inquiry and show cause notice. The Director of APMC passed cancellation order dated 15.09.2025. The writ petitions were filed challenging the order. The court reserved orders on 25.09.2025.

Acts & Sections

  • Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966: Section 72, Section 72D, Section 72E
  • Constitution of India: Article 14, Article 19(1)(g)
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Tags :
private market yard license cancellation APMC Act natural justice alternative remedy Article 14 Article 19(1)(g) writ jurisdiction

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