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IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 31 ST DAY OF AUGUST 2015

PRESENT

HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE

AND

HON'BLE MRS.JUSTICE B.V.NAGARATHNA

WRIT PETITION NO. 1566 OF 2015 (GM-RES-PIL)

BETWEEN

1. GAVISIDDAPPA, S/O SANNABASAPPA OJANAHALLI, AGED ABOUT 46 YEARS, VICE PRESIDENT, SHREE GURU BETTADA LINGESHWARA SEVA HAGU GRAMINA ABHIVRUDDI SANGHA @ , KUKANAPALLI VILLAGE, HOBLI, KOPPALA TALUK AND DISTRICT-583228.

2. SRI CHANDRASHEKHAR, S/O HEERA VIRUPAKSHAPPA, AGED ABOUT 45 YEARS, OCC:SHEEP FARMER, R/AT NO.16/B, KUKANAPALLI VILLAGE, TALUK AND DISTRICT-583228.

3. CHENNAYYA, S/O BASAYYA GORLEKOPPA, AGED ABOUT 53 YEARS, OCC:HOTEL, R/AT KUKANAPALLI VILLAGE, KOPPAL TALUK AND DISTRICT-583228.

4. SRI YAMANAPPA, S/O INDRAPPA PUJAR, AGED ABOUT 47 YEARS, OCC:SHEEP FARMER, R/AT KUKANAPALLI VILLAGE,

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IRAKALGADA HOBLI, KOPPALA TALUK AND DISTRICT-583228.

5. SRI THUGLEPPA, S/O YANKAPPA JINNAPUR, AGED ABOUT 28 YEARS, OCC:SHEEP FARMER, R/AT KENCHANADONI, KOPPALA, KOPPALA DISTRICT-583228.

6. SRI NAGAPPA, S/O YANKAPPA JINNAPUR, AGED ABOUT 31 YEARS, OCC:SHEEP FARMER, R/A NO.109, KENCHANADONI, KOPPALA, KOPPALA DISTRICT-583228.

7. SMT. IRAUVA, W/O DYAMAPPA BALANAGOUD, AGED ABOUT 70 YEARS, OCC:VEGETABLE VENDOR, YALAMAGERA VILLAGE, KOPPAL TALUK AND DISTRICT.

8. SMT. LALITHAMMA, W/O HANAMNTA BALANAGOUD, AGED ABOUT 44 YEARS, OCC:VEGETABLE VENDOR, YALAMAGERA, KOPPAL TALUK, -583237.

9. SMT SANGMMA W/O RUDRAPPA, AGED ABOUT 47 YEARS, OCC:VEGETABLE VENDOR, R/AT NO.44, YALAMAGERA VILLAGE, KOPPALA TALUK AND DISTRICT-583237.

10. SRI ANDANAYYA HIREMATH, S/O SHARANAYYA HIREMATH, AGED 29 YEARS, OCC:CLOTH MERCHANT, IRAKALGADA VILLAGE, KOPPAL TALUK AND DISTRICT-583231.

11. SRI MARUTHI S/O MUDIYAPPA UNKI, AGED ABOUT 27 YEARS, OCC:FOOT PATH BUSINESS, 3

R/AT ALAVANDI, KOPPALA, KOPPALA TALUK AND DISTRICT-583231.

12. SRI DHYAMAVVA, W/O MARIYAPPA BADDI, AGED ABOUT 54 YEARS, OCC:VEGETABLE VENDOR, VILLAGE, TALUK, KOPPAL DISTRICT-583237.

13. SRI PRABHU S/O VEERANNA GONDI, AGED ABOUT 41 YEARS, OCC:FOOT PATH BUSINESS, BEVOOR VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

14. SRI JAGADEESHA GONDI, S/O VEERUPAKSHAPPA GONDI, AGED ABOUT 25 YEARS, OCC:FOOTPATH BUSINESS(MITAYI), R/AT BEVOOR VILLAGE, YELBURGA TALUK & DISTRICT-583237.

15. SRI MEHABUBASAB, S/O BASHUSAB MALEKOPPA, AGED ABOUT 30 YEARS, OCC:FOOT PATH BUSINESS(MITAYI), R/AT BEVOOR VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

16. SRI PRAKASHA S/O CHANDRAPPA, AGED ABOUT 30 YEARS, OCC:FOOT PATH BUSINESS, R/AT BEVOOR VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

17. SRI GURAPPA , AGED ABOUT 66 YEARS, OCC:RICE MERCHANT, R/AT VANAGERI VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

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18. SRI BASANGOUDA, S/O SHIVANGOUDA, AGED ABOUT 50 YEARS, OCC:RICE MERCHANT, R/AT VANAGERI VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

19. SMT. SUSHILAMMA, W/O BASAYYA SHAHPUR, AGED ABOUT 55 YEARS, OCC:VEGETABLE VENDOR, R/AT VANAGERI VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

20. SRI SHARANAPPA, S/O SHANKRAPPA KOTHI, AGED ABOUT 43 YEARS, OCC:VEGETABLE VENDOR, R/AT VANAGERI VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

21. SRI SHANKARGOUDA, S/O SHEKARGOUDA, AGED ABOUT 47 YEARS, OCC:VEGETABLE VENDOR, R/AT VANAGERI VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT-583237.

22. SRI SHANTHAYYA, S/O SHANKARAYYA HIREMATHA, AGED ABOUT 29 YEARS, OCC:HOTEL, R/AT KUKANAPALLI, KOPPALA TALUK, KOPPAL DISTRICT-583228.

23. SRI JAYAPPA S/O SRI SHIVAPPA, AGED ABOUT 47 YEARS, OCC: VEGETABLE VENDOR, R/AT METAGAL VILLAGE, KOPPALA TALUK AND DISTRICT.

24. SRI PRAKASH, S/O ADIBASAPPA OBALABANDI, 5

AGED ABOUT 34 YEARS, OCC: VEGETABLE VENDOR, R/AT METAGAL VILLAGE, KOPPALA TALUK & DISTRICT.

25. SRI BASAPPA, S/O AMBRAPPA SHIVAPOOR, AGED ABOUT 56 YEARS, OCC: SHEEP BUSINESS, R/AT METAGAL VILLAGE, KOPPALA TALUK & DISTRICT.

26. SRI KRISHNAPPA, S/O TIMMAPPAPUJAR, AGED ABOUT 41 YEARS, OCC: REWINDING WORKS, R/AT KUKANAPALLI VILLAGE, KOPPAL TALUK & DISTRICT.

27. SRI VEERAPPA, S/O VEERABADRAPPA KALAGUDI, AGED ABOUT 59 YEARS, OCC: SHEEP BUSINESS, R/AT METAGAL VILLAGE, KOPPAL TALUK & DISTRICT.

28. SRI MARUTHI, S/O BASAVARAJ PATTAR, AGED ABOUT 57 YEARS, OCC: FOOT PATH BUSINESS (MITAYI), R/AT IRAKALLAGADA VILLAGE, KOPPAL TALUK, KOPPALA DISTRICT.

29. SRI NAGAPPA, S/O NINGAPPA MYADANERI, AGED ABOUT 62 YEARS, OCC: SHEEP FARMER, R/AT GOSALDODDI VILLAGE, KOPPAL TALUK, KOPPALA DISTRICT.

30. SRI SOMAPPA S/O NARASAPPA, AGED ABOUT 64 YEARS, OCC: SHEEP FARMER, R/AT VATAPARVI VILLAGE, YELBURGA TALUK, KOPPAL DISTRICT.

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31. SRI OBANAYKA S/O HIRELOKAPPA, AGED ABOUT 44 YEARS, OCC: SHEEP BUSINESS, R/AT HIRESULIKERI TANDA VILLAGE, YELBURGA TALUK, KOPPALA DISTRICT.

32. SRI SANNA DURGAPPA, S/O MUDAKAPPA, AGED 64 YEARS, OCC: KOOLI, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK, KOPPALA DISTRICT.

33. SMT. GANGAVVA W/O LAXMAPPA, AGED ABOUT 61 YEARS, OCC: FRUITS VENDOR, R/AT ARASINAKRI, KOPPALA, KOPPALA DISTRICT.

34. SRI INDRAPPA S/O SANGRAPPA, AGED ABOUT 50 YEARS, OCC: SHEEP BUSINESS, R/AT INDRAGI VILLAGE, KOPPALA TALUKA AND DISTRICT.

35. SRI PRABU RAJ S/O BALAREDDIPPA, AGED ABOUT 32 YEARS, OCC: SHEEP BUSINESS, R/AT HIREVADARAKALLA, YELBURGA TALUK, KOPPALA DISTRICT-583237.

36. SRI DURGAPPA, S/O SOMAPPA DODAMANI, AGED ABOUT 86 YEARS, OCC: SHEEP BUSINESS, R/AT VATAPARVI, YELBURGA TALUK, KOPPAL DISTRICT-583237.

37. SRI YAMANURAPPA, S/O RAMANAGOUDA, AGED ABOUT 41 YEARS, OCC: SHEEP BUSINESS, R/AT MYADANERI, YELBURGA TALUK, KOPPALA DISTRICT.

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38. SRI GURUPADAPPA, W/O SHANKARAPPA GURIKAR, AGED ABOUT 70 YEARS, OCC: SHEEP BUSINESS, R/AT METAGAL, KOPPAL TALUK & DISTRICT-583237.

39. SRI SHANTAVVA W/O BASAPPA, AGED 51 YEARS, OCC: VEGETABLE VYAPARI, R/AT METAGAL VILLAGE, GANGAVATHI TALUK, KOPPALA DISTRICT.

40. SRI HANUMAPPA S/O SAGARAPPA, AGED ABOUT 40 YEARS, OCC: SHEEP FARMER, R/AT INDRAGI VILLAGE, KOPPALA TALUK & DISTRICT.

41. SRI SHIVAPPA, S/O KUNTIKENCHAPPA MUSALAPUR, AGED ABOUT 56 YEARS OCC: GRAM PANCHAYATH MEMBER OF KALTAVARGERA, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK, KOPPALA DISTRICT.

42. SRI ATTAR PASHA S/O SUBHAN SAB, AGED ABOUT 38 YEARS, OCC: SHEEP BUSINESS, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK & DISTRICT.

43. SRI GAVISIDDAYYA, D/O JAMBAYYA HIREMATH, AGED ABOUT 45 YEARS, OCC: HOTEL, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK & DISTRICT.

44. SRI VEERANNA GOUD, S/O BHARAMANA GOUDA, AGED ABOUT 52 YEARS, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT.

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45. SRI VEERUPAKSHAPPA, S/O KOTRAPPA , AGED ABOUT 57 YEARS, OCC:FOOT PATH HOTEL, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT.

46. SRI NINGAPPA HALLIKERI, S/O PHAKIRAPPA, AGED ABOUT 57 YEARS, OCC:SHEEP BUSINESS, R/AT NO.1/55, I WARD, KOPPALA, KOPPALA TALUK AND DISTRICT.

47. SRI PRAKASH, S/O NINGAPPA HALLIKERI, AGED ABOUT 22 YEARS, R/AT NO.1/55, I WARD, KOPPALA, KOPPALA TALUK AND DISTRICT.

48. SRI A. MOHAMMED SAHEB, S/O BUDDIN SAB KINNAL, AGED ABOUT 67 YEARS, OCC:VEGETABLE VENDOR, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

49. SRI RAGAVENDRA, S/O HANUMANTHAPPA, AGED ABOUT 31 YEARS, OCC:CLOTH MERCHANT, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

50. SRI MAHADEVAPPA S/O NEELAPPA, AGED ABOUT 45 YEARS, OCC:CLOTH MERCHANT, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

51. SMT. RATHNAMMA S/O DEVAPPA, AGED ABOUT 53 YEARS, OCC:KOOLI, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

52. SRI NARAYAN S/O SHANKARAPPA, AGED ABOUT 42 YEARS, 9

OCC:CLOTH MERCHANT, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT

53. SRI CHIDANANDAPPA, S/O PAMPANNA, AGED ABOUT 47 YEARS, OCC:PLASTIC ITEMS VENDOR, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

54. SMT. PUSHPAVATHI, W/O CHIDANANDAPPA, AGED ABOUT 31 YEARS, OCC:VEGETABLE MERCHANT, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

55. SRI JAMBANNA S/O RAMACHANDRAPPA, AGED ABOUT 56 YEARS, OCC:CLOTH MERCHANT, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT-583230.

56. SRI DEVAPPA GOWDA, S/O NINGAPPA SINDLI, AGED ABOUT 32 YEARS, OCC:FRUIT MERCHANT, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

57. SRI BASAVARAJ S/O PAMPANNA, AGED ABOUT 45 YEARS, OCC:MASALA VENDOR, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

58. SRI MANJUNATH PARIMALADA, S/O BASAVARAJ, AGED ABOUT 19 YEARS, OCC:MASALA VENDOR, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

59. BASAVARAJ, S/O DODDANAGAPPA KALAL, AGED ABOUT 32 YEARS, 10

OCC:SHEEP BUSINESS, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

60. SRI KRISHNA S/O DODDANAGAPPA, AGED ABOUT 38 YEARS, OCC:SHEEP BUSINESS, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

61. SRI SHANKAR S/O IRAPPA BANDA, AGED ABOUT 28 YEARS, OCC:CLOTH MERCHANT, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

62. SRI KARIYAPPA S/O SOMANNA, AGED ABOUT 30 YEARS, OCC:MASALE VENDOR, R/AT KINNAL VILLAGE, KOPPALA TALUK AND DISTRICT.

63. SRI MAILAPPA, S/O KARIHANUMAIAH, AGED ABOUT 64 YEARS, OCC:FRUIT BUSINESS, R/AT HATTI VILLAGE, KOPPALA TALUK AND DISTRICT.

64. SMT YAMANAVVA W/O DYAMAPPA, AGED ABOUT 50 YEARS, OCC:VEGETABLE VENDOR, R/AT HATTI VILLAGE, KOPPALA TALUK AND DISTRICT.

65. SRI BETTADAYYA, S/O NINGAYYA HIREMATH, AGED ABOUT 40 YEARS, OCC:SAREEE MERCHANT, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT.

66. SRI KOTHRIPPA S/O NINGAPPA, AGED ABOUT 45 YEARS, OCC:CLOTH MERCHANT, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT. 11

67. SRI PHAKIRAPPA S/O KONAPPA, AGED ABOUT 41 YEARS, OCC:VEGETABLE VENDOR, R/AT KUDARI MOTI VILLAGE, YELBURGA TALUK AND KOPPALA DISTRICT.

68. SMT SHANTHAVVA S/O DYAMANNA, AGED ABOUT 20 YEARS, OCC:VEGETABLE VENDOR, R/AT KUDARI MOTI VILLAGE, YELBURGA TALUK AND KOPPALA DISTRICT.

69. SMT. YAMANAVVA W/O YAMANAPPA, AGED ABOUT 72 YEARS, OCC:VEGETABLE VENDOR, R/AT KUDARI MOTI VILLAGE, YELBURGA TALUK AND KOPPALA DISTRICT.

70. SMT. DEVAVVA W/O YAMANAPPA, AGED ABOUT 49 YEARS, OCC:VEGETABLE VENDOR, R/AT KUDARI MOTI VILLAGE, YELBURGA TALUK AND KOPPALA DISTRICT.

71. SMT. SHARANAMMA, W/O HANUMANTHAPPA, AGED ABOUT 39 YEARS, OCC:VEGETABLE VENDOR, R/AT KUDARI MOTI VILLAGE, YELBURGA TALUK AND KOPPALA DISTRICT.

72. SRI KUNTEPPA S/O BASAPPA, AGED ABOUT 28 YEARS, OCC:SHEEP BUSINESS, R/AT KUDARI MOTI VILLAGE, YELBURGA TALUK AND KOPPALA DISTRICT.

73. SMT GOWRAMMA S/O FAKEERAPPA, AGED ABOUT 40 YEARS, OCC:VEGETABLE VENDOR, R/AT IRAKALLAGADA VILLAGE, KOPPALA TALUK AND DISTRICT.

74. SMT. SHARANAMMA S/O BASAPPA, AGED ABOUT 33 YEARS, OCC:VEGETABLE VENDOR, 12

R/AT IRAKALLAGADA VILLAGE, KOPPALA TALUK AND DISTRICT.

75. SMT. AMBUJA W/O PAMPAYYA, AGED ABOUT 36 YEARS, OCC:VEGETABLE VENDOR, R/AT IRAKALLAGADA VILLAGE, KOPPALA TALUK AND DISTRICT.

76. SRI DADESAB S/O IMAM SAB, AGED ABOUT 34 YEARS, OCC:VEGETABLE VENDOR, RESIDING AT KOPPALA TOWN, KOPPALA TALUK AND DISTRICT.

77. SRI RAJASAB, S/O BANDE SAB KATHARIKI, AGED ABOUT 34 YEARS, OCC:FOOTPATH BUSINESS, RESIDING AT KOPPALA TOWN, KOPPALA TALUK AND DISTRICT.

78. SMT. IRAMMA, W/O HANUMAPPA KARIGARA, AGED ABOUT 34 YEARS, OCC:VEGETABLE VENDOR, R/AT MASABAHINCHINALA VILLAGE, YELBURGA TALUK AND DISTRICT.

79. SRI NINGAPPA S/O MUDUKAPPA CHAKRASALI, AGED ABOUT 46 YEARS, OCC:VEGETABLE VENDOR, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT.

80. SRI SHARANAYYA, S/O SHANKARAYYA HIREMATH, AGED ABOUT 52 YEARS, OCC:HOTEL, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT.

81. SRI BASAVARAJ, S/O SHIVAPPA , AGED ABOUT 44 YEARS, OCC:VEGETABLE VENDOR, 13

R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT.

82. SRI DYAMANNA, S/O YELLAPPA HULLEGUDDA, AGED ABOUT 29 YEARS, OCC:HOTEL, R/AT KUKANAPALLI VILLAGE, KOPPALA TALUK AND DISTRICT. ... PETITIONERS

(BY SRI GIRISH B MANGANNAVAR, ADVOCATE)

AND :

1. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583231.

2. THE REGIONAL COMMISSIONER, , GULBARGA-585101.

3. AGRICULTURE PRODUCTION MARKET COMMITTEE, KOPPAL, SRI GAVISIDDESHWARA GANJ, KOPPAL-583231, REPRESENTED BY ITS SECRETARY.

4. THE PANCHYATH DEVELOPMENT OFFICER, KALATAVARGERI GRAM PANCHYATH, KALATAVERAGERA, KOPPALA TALUK AND DISTRICT-583228. ... RESPONDENTS

(BY SMT NILOUFER AKBAR, AGA FOR 1 AND 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.06.2014 PASSED BY RESPONDENT NO.1 (ANNEXURE-F) AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

Though this matter is listed for non-compliance of office

objections, nevertheless, the same is taken up for final

disposal with the consent of learned advocate appearing for

the petitioners and heard on merits.

2. The residents of Kukanapalli village, Koppal taluk

and other surrounding villages moved this writ petition

impugning an order passed by the Deputy Commissioner,

dated June 30, 2014, directing that the weekly sheep and

cattle market at Kukanapalli village would be held on every

Wednesday instead and in place of Friday.

3. The sheep and cattle market in both the villages of

Kukanapalli and Budagumpa Cross were held on the same day, that is, every Friday.

4. There were representations by the Member of the

Parliament of the local constituency stating that it was giving rise to unnecessary competitions amongst the businessmen and causing harassments to local people. There was disruption of law and order situation in the area.

5. The Deputy Commissioner did not immediately act on the said recommendation or representations of the Member of the Parliament, but sought for opinions of the Agricultural 15

Produce Marketing Committee, Koppal and Panchayath

Development Officer, the respondent Nos.3 and 4 respectively.

6. Both the respondent Nos.3 and 4 recommended

that, in order to avoid recurrence of law and order problem,

the sheep and cattle market should be held in those two

different villages on different days.

7. The Deputy Commissioner, therefore, passed the

order impugned directing that the sheep and cattle market at

Kukanapalli village would be held on every Wednesday instead

and in place of Friday and the market at Budagumpa Cross

would be held on every Friday.

8. We have heard learned advocate appearing for the

writ petitioners.

9. We fail to appreciate the grievance of the

petitioners. We feel that if the markets are held on two

different dates in the said villages that would help fair

competition instead of acrimonious competition leading to law

and order problem.

10. We do not find any error in the exercise of

jurisdiction by the Deputy Commissioner requiring

interference. 16

11. Therefore, the writ petition is dismissed.

12. We make no order as to costs.

Sd/- ACTING CHIEF JUSTICE

Sd/- JUDGE

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