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Judgment
The petitioner has preferred this writ petition seeking a writ of mandamus directing respondent Nos.2 and 3 to exempt the petitioner from
payment of market fee for further period of five years.
Heard Sri Gururajrao Kakkeri, learned counsel for the petitioner, Smt. Archana P. Tiwari, learned Additional Government Advocate for
respondent Nos.1 to 3 and Sri Mallikarjun C. Basareddy, learned counsel for respondent No.4.
Perused the writ petition and Annexures produced along with the writ petition.
The case of the petitioner is that petitioner is a registered propriety concern carrying on business by running a Dall Mill under the name and style
of ''M/s.Dhaneshwari Dall Mill'' at APMC Market Yard, Chittapur as could be seen from the certificate produced by them at Annexure-A.
Further case of the petitioner is as per the Government policy issued for the years 2009 to 2014 i.e., for a period of five years, those who started
new industries within the limit of APMC Market Yard, they are exempted from payment of market fee for a period of five years from the date of
establishment of such industries.
Learned counsel for the petitioner submits as per the industrial policy issued by the Government for the period from 2015 to 2019, the
exemption for payment of market fee for initial period of five years is proposed to be extended for further period of five years. Accordingly,
respondent No.4 has passed a resolution proposing to recommend for exemption of payment of market fee for further period of five years and has
forwarded the proposal to the Government for introducing necessary amendment to the provisions of Section 65 of the Karnataka Agricultural
Produce Marketing (Regulation and Development) Act, 1966 (hereinafter referred to as ''the Act''). He also submits that this Court considering the
above fact has allowed W.P.No.200672/2016 filed by the persons who are similarly placed like that of the petitioner with an observation that
APMC in that case should not take coercive steps for recovery of market fee for further period of five years or for a period of 10 years from the
date of establishment of such industry subject to the decision of the Government on the proposed amendment. Therefore, he prays for allowing the
writ petition in similar terms.
Learned Additional Government Advocate appearing for respondent Nos.1 to 3 and learned counsel appearing for respondent No.4 jointly
submit that it is no doubt true as per the industrial policy of the State Government for the period from 2014 to 2019, the Government has
suggested for exemption for payment of market fee for a period of 10 years from the date of establishment of industries. They also submit that the
petitioner has established its industry in the market yard of APMC Chittapur and the petitioner was exempted from payment of market fee for a
period of five years. They further submit that respondent No.4 has sent a proposal to the Government recommending for extension of time for
payment of market fee for further period of five years and the matter is pending with the Government regarding introducing necessary amendment
to the Act.
In the said background, this Court has allowed the writ petition preferred by the persons similarly placed like that of the petitioner with an
observation that since the amendment proposed to the Act in respect of exemption of market fee for a period of 10 years from the date of
establishment is said to be pending before the Government, the respondents shall not take any coercive steps against the petitioner for recovery of
market fee till the Government takes a decision in the matter in one way or the other.
Hence, the following:
ORDER
Writ petition stands disposed of with an observation that till respondent No.1 takes a decision regarding exemption of payment of market fee for
period of 10 years from the date of establishment of industry of the petitioner in one way or the other, respondent No.4 shall not take any coercive
steps against the petitioner regarding payment of market fee.
It is made clear that respondent No.4 is free from demanding market fee from the petitioner on and after expiry of 10 years from the date of
establishment of industry of the petitioner.
It is also made clear that in the event of Government declining to accept the proposal for amendment to Section 65 of the Act for extending
exemption for payment of market fee by those industrialists who established industries in the Agricultural Produce Market Yards for a period of 10
years from the date of establishment of such industries, it is always open for respondent No.4 to demand and collect the market fee from the
petitioner from the date of expiry of five years after establishment of the industry of the petitioner.