Case Note & Summary
The present proceedings comprised a batch of writ petitions filed before the High Court of Karnataka, Kalaburagi Bench, under Articles 226 and 227 of the Constitution of India. The petitioners, a group of individuals carrying on business at the APMC Yard, Gulbarga, challenged the constitutional validity of certain amendments to the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, and the Rules framed thereunder. Specifically, they assailed the deletion of the word 'trader' from Section 72(1) and 72(3) and the insertion of sub-section (4) in Section 72, effected through a notification dated 04.01.2014. They also challenged the introduction of Rule 76-A via notification dated 17.02.2014, and a consequential notice issued by the Agricultural Produce Marketing Committee, Gulbarga, on 17.05.2014. The respondents included the State of Karnataka, the Agricultural Produce Marketing Committee, Gulbarga, and Rashtriya E Market Services Private Limited, among others. While the petitions were argued by counsel for both sides, the available record does not contain the substantive reasoning or final decision of the Court. The matter thus stands as a record of the challenge mounted against the legislative and regulatory changes affecting traders in the agricultural produce market.
Issue of Consideration
Whether the deletion of the word 'trader' from Section 72(1) and 72(3) and the introduction of sub-section (4) to Section 72 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, along with the introduction of Rule 76-A of the Rules and the notice dated 17.05.2014, are unconstitutional and invalid.
Law Points
- constitutional validity of legislative amendments
- deletion of 'trader' category from APMC Act
- procedural fairness in administrative rule-making
- scope of writ jurisdiction under Articles 226 and 227
- impact on trading rights
Case Details
2017 LawText (KAR) (10) 1
WP No.204975/2014 C/W WP Nos.204977/2014, 204980/2014, 204949/2014, 205233-257/2014, 204958/2014, and other connected matters
V.K. Nayak, Sreevatsa (Senior Counsel), R.V. Nadagouda (AAG), Shivaputra S. Udbalkar (HCGP), Mallikarjun C. Basareddy, Amaresh S. Roja
Shri Vivekanand and Others
The State of Karnataka, Department of Co-operation; The Agricultural Produce Marketing Committee, Gulbarga; Rashtriya E Market Services Private Limited; The Director, Agricultural Produce Marketing Department
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Nature of Litigation
Batch of writ petitions filed under Articles 226 and 227 of the Constitution of India challenging the constitutional validity of amendments to the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, and the Rules made thereunder, specifically the deletion of the word 'trader' from Section 72(1) and 72(3), the insertion of sub-section (4) to Section 72, the introduction of Rule 76-A, and a notice dated 17.05.2014 issued by the APMC.
Remedy Sought
Petitioners sought a writ or order declaring the deletion of 'trader' from Section 72(1) and 72(3), the introduction of sub-section (4) to Section 72, the introduction of Rule 76-A, and the notice dated 17.05.2014 as unconstitutional and invalid.
Filing Reason
The petitioners, who are traders operating in the APMC Yard, Gulbarga, were aggrieved by the legislative and regulatory changes which allegedly infringe their rights and interests as traders in the agricultural produce market.
Issues
Whether the deletion of the word 'trader' from Section 72(1) and 72(3) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, is constitutionally valid?
Whether the insertion of sub-section (4) to Section 72 is constitutionally valid?
Whether the introduction of Rule 76-A of the Karnataka Agricultural Produce Marketing (Regulation and Development) Rules is unconstitutional and invalid?
Whether the notice dated 17.05.2014 issued by the Agricultural Produce Marketing Committee, Gulbarga, is unconstitutional and invalid?
Acts & Sections
- Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966: 72(1), 72(3), 72(4)
- Karnataka Agricultural Produce Marketing (Regulation and Development) Rules: 76-A
- Constitution of India: 226, 227
