Nadaprabhu Sri Kempegowda Flower Merchants Association (R) v. State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:42804( WP(No.(24911(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010545592026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(12 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(M.G.S.(KAMAL(

WRIT(PETITION(NO.(24911(OF(2026((APMC)(

BETWEEN:(( ( NADAPRABHU,SRI,KEMPEGOWDA,FLOWER, MERCHANTS,ASSOCIATION,®,,,

REGISTERED,UNDER,KSR,ACT,, NO.1,,AGRAHARA,TANK,BUND,ROAD,,, BINNYPETE,,, BENGALURU,-,560,,023.,

,

REPRESENTED,BY,ITS,SECRETARY,,, MAHESHGOWDA,M., …PETITIONER, (BY,SRI.,MANJEGOWDA,D.S.,,ADVOCATE), AND:( Digitally signedtiby ( SUMA0B0N

1., STATE,OF,KARNATAKA,,,Location:

HIGH REPRESENTED,BY,ITS,, COURT0OF CHIEF,SECRETARY,,,KARNATAKA VIDHANA,SOUDHA,,, DR.AMBEDKAR,VEEDI,,, BENGALURU,-,560,001., ,

2., THE,PRINCIPAL,SECRETARY,, DEPARTMENT,OF,CO-OPERATION,,, GOVERNMENT,OF,KARNATAKA,,, M.S.,BUILDING,,, ((((((((((((HC-KAR, NC:(2026:KHC:42804( WP(No.(24911(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010545592026( ( ( DR.AMBEDKAR,VEEDI,,, BENGALURU,-,560,001., ,

3., THE,DIRECTOR,, DEPARTMENT,OF,AGRICULTURAL,MARKETING,, NDNO.16,,2 ,RAJ,BHVAN,ROAD,,, SHIVAJI,NAGAR,,, BENGALURU,-,560,001., ,

4., THE,SECRETARY,, SPECIAL,APMC,FOR,FRUITS,,, FLOWERS,AND,,VEGETABLES,, AGRAHARA,,TANK,BUND,ROAD,, BINNY,PETE,,, BENGALURU,,-,560,023., …RESPONDENTS, (BY,SRI.T.SWAROOP,,ADVOCATE,FOR,R4;, ,,,,,,SRI.MANJUNATH,RAYAPPA,,AGA,FOR,R1,-,R3), , , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, ALLOW, THE, PETITION,AND,THEREON,ISSUE,THE,FOLLOWING,A),A,WRIT,IN, THE, NATURE, OF, CERTIORARI, OR, ANY, OTHER, APPROPRIATE, WRIT,, DIRECTION, OR, ORDER, QUASHING, THE, IMPUGNED, ORDER, BEARING, NO., HAHUMATA, (V), KRUUMASA,

(BEN)/285/2026-27,, DATED, 18.06.2026, PASSED, BY, THE, RESPONDENT,NO.4,(ANNEXURE-Q),AND,ETC.,, , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER

¶1The petitioner - a registered association of flower merchants is before this Court being aggrieved by the communication dated 18.06.2026 produced at Annexure-Q issued by respondent No.4, calling upon the petitioner to pay 50% of leave and licence fee which was exempted earlier on account of COVID-19 pandemic.

¶2The petitioner submits that 50% concession on the leave and licence was granted pursuant to the recommendation made by the respondent - State Government in terms of the proceedings dated

03.07.2021. He further contends that since 50% concession was granted pursuant to the Government Order, respondent No.4 could not have withdrawn the said concession, merely for the reason of similar demands for concession would be made by other licencees. He also refers to the document at Annexures - L, M, N and P to contend that concession payment of leave and licence fee

has been extended to entities similarly situated as that of the petitioner and selectively denying such concession to the petitioner amounts to discrimination. Hence, he seeks for allowing of the petition.

¶3Sri.T.Swaroop, learned counsel appearing for respondent No.4 submits that the petition itself is not maintainable, inasmuch as, the leave and licence which was granted on 03.07.2021 was for a period of 55 months, which has stood expired and the petitioner has already enjoyed the concession granted. Renewal of such licence is subject to provisions provided under the Act and Rules and on the petitioner satisfying the compliance thereof. As such, the petitioner cannot as a matter of right, claim extension of leave and licence and concession to be granted thereof.

¶4He refers to the Proviso to Rule 13 of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 to submit that

petitioner is at liberty to make representation to respondent No.4 - Market Committee seeking extension of leave and licence for another period of 55 months, subject to satisfaction of the Market Committee, the same would be considered in accordance with law.

¶5Learned counsel for the petitioner at this juncture submits that a liberty may be reserved to the petitioner to make a representation seeking extension of leave and licence and also to request for concession of licence fee.

¶6Submission of the learned counsel for the petitioner is placed on record.

¶7In the light of the aforesaid submissions and the facts narrated above, without expressing any view on the merits or otherwise of the claim being made by the petitioner, the petition is disposed of, reserving liberty to the petitioner to make a representation to the respondent No.4 - Market Committee seeking extension of leave and licence as well as concession for COVID-19 period.

¶8If such representation is made within 30 days from the date of receipt of certified copy of this Order, respondent No.4 - Market Committee shall consider the same in accordance with law and pass an appropriate order and communicate the same within an outer limit of 90 days from the date of receipt of such representation.

SD/- (M.G.S. KAMAL) JUDGE

GH List No.: 1 Sl No.: 19