- 1 - NC: 2025:KHC:12795 WP No. 7828 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7828 OF 2024 (APMC) BETWEEN: 1. WEIGHMEN'S SHIVAMOGA APMC UNION REPRESENTED BY ITS PRESIDENT D.T. PRAKASH S/O SIDDAPPA AGED ABOUT 54 YEARS OCCU: WEIGHMAN APMC SHIVMOGGA-577 021 R/O DEVAKATHIKOPPA KOTE GANGUR, P.O SHIVAMOGGA-577 204 2. SRI SHABBER S/O LATE AMEER SAHEB AGED ABOUT 56 YEARS OCC:WEIGHMEN AND MEMBER OF PETITIONER NO.1, UNION APMC SHIMOGGA-577 021 …PETITIONERS (BY SMT. AISHWARYA HEGDE FOR SRI. SAGAR V. SHASTRI, ADVOCATE) AND: 1. SUBRAMANYA K.J S/O JAGDISH K.S AGED ABOUT 31 YEARS WORKED AS WEIGHMEN R/AT LAKSHMI NILAYA E BLOCK SWAMI VIVEKANANDA BADAVANE SHIVMOGGA-577 202 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12795 WP No. 7828 of 2024 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF AGRICULTURAL MARKETING VIKASA SOUDHA BENGALURU-560 001 3. THE DIRECTOR OF AGRICULTURAL MARKETING AND APPELALTE AUTHORITY NO.16/11, RAJABHAVANA ROAD BENGALURU-560 001 4. AGRICULTURAL PRODUCE MARKETING COMMITTEE, APMC YARD SHIVMOGGA-577 201 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SMT. SHILPA RANI, ADVOCATE FOR R1; SMT. SUKANYA BALIGA, AGA FOR R2 & R3; SRI. T. SWAROOP, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITITUTION OF INDIA PRAYING TO DIRECT THE REVIEW THE ORDER DTD 23.01.2024 PASSED BY THIS HON'BLE COURT IN WP NO. 6227/2023 (APMC) AS PER ANNEXURE-B BY FOLLOWING THE PRINCIPLES LAID DOWN BY HON'BLE SUPREME COURT IN THE CASE REPORTED IN AIR 1963 SC 1909 SHIVDEO SINGH AND OTHERS Vs STATE OF PUNJAB AND OTHERS AND DIRECT, DIRECTING R-2 TO R-4 TO RECOVER THE WEIGHMAN CHARGES PAID TO R-3 IN A SUM OF RS. 5,50,356/- DRAWN FROM THE WEIGHMAN WELFARE FUND WHILST HE WAS WORKING IN TWO CAPACITIES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:12795 WP No. 7828 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioners seek the following reliefs; i) Issue appropriate writ order or direction to Review the order dated 23.01.2024 passed by this Hon'ble Court in Writ Petition No.6227/2023 (APMC) as per Annexure B by following the principles laid down by Hon'ble Supreme Court in the case reported in AIR 1963 SC 1909 Shivdeo Singh and others Vs State of Punjab and others. ii) Issue appropriate writ or order or direction, directing Respondent No.2 to 4 to recover the weighman charges paid to Respondent No.3 in a sum of Rs.5,50,356/- drawn from the Weighman Welfare Fund whilst he was working in two capacities. iii) Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity." 2. Learned counsel for respondent No.1 who was the writ petitioner in WP No.6227/2023 disposed of on 23.01.2024 submits that in pursuance of the said order, the A.P.M.C has issued an endorsement dated 27.02.2024 - 4 - NC: 2025:KHC:12795 WP No. 7828 of 2024 produced at Annexure - R1 to the statement of objections, whereby the application for licence filed by respondent No.1 was rejected by the A.P.M.C. Aggrieved by the aforesaid endorsement dated 27.02.2024, respondent No.1 has preferred W.P.No.8501/2024 which is pending before this Court. 3. In view of the aforesaid facts and circumstances and the subsequent issuing of endorsement dated 27.02.2024, pursuant to the final order passed in WP No.6227/2023 dated 23.01.2024, nothing further survives in the present petition and the same is accordingly disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 15