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Judgment
Mohan M. Shantanagoudar, J.—Petitioner has sought for a direction to respondents 3 and 4 to issue exemption certificate exempting from APMC cess/fee as per the New Industrial Policy vide Annexure-B and as per the amended Karnataka Agricultural Produce Marketing (Regulation and Development) Act. 2011. Consequential reliefs are also sought for. Annexure-D, dated 26-10-2012 reveals that the Joint Director, District Industries Centre, Davanagere has passed an order recommending for APMC cess exemption to the petitioner. The third respondent will have to take action pursuant to such recommendation. So also, the 4th respondent will have to act pursuant to the order/recommendation at Annexure-D.
Learned Counsel for the 4th respondent submits that the petitioner has not produced relevant records before the 4th respondent-Committee and therefore, the 4th respondent is not in a. position to verify as to whether the petitioner is eligible to get exemption. The records produced by the petitioner themselves clearly reveal that the petitioner is entitled to exemption. Those records will be sufficient for passing the appropriate orders by respondents 3 and 4.
In view of the same, respondents 3 and 4 are directed to consider the case of the petitioner as per law for issuing exemption certificate exempting from APMC cess/fees as per New Industrial Policy vide Annexure-B and as per the amended APMC Act, 2011. Respondents 3 and 4 shall take into account the order/recommendation at Annexure-D, dated 26-10-2012 passed by the Joint Director, District Industries Centre, Davanagere relating to APMC cess exemption. Till such time, the respondents shall not collect APMC cess from the petitioner.
Writ petition is disposed of accordingly.