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2025 DAILYLAW 59491 (KAR)

SANNIRRAYYA S/O SHIVAYYA HIREMATH v. STATE OF KARNATAKA

WP/101202/2021 · 2025-11-06

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15239 WP No. 101202 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101202 OF 2021 (APMC) BETWEEN: SANNIRRAYYA S/O SHIVAYYA HIREMATH, AGE. 60 YEARS, OCC. APMC WEIGHMAN, R/O. BELAKERI VILLAGE, TQ. BYADAGI-581 106, DIST. HAVERI. … PETITIONER (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE JOINT DIRECTOR, DIRECTORATE OF AGRICULTURAL MARKETING PRODUCE, NO.16, 2ND RAJ BHAVAN ROAD, BENGALURU-560 001. 3. THE SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE, BYADAGI, TQ. BYADGI-581 106, DIST. HAVERI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 AND R2; SRI. P.N. HATTI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT NO.Kru.Ma.E/ Kru. U.Ma.Sa/Bya/License/2020-21/2760 DATED 04.03.2021 ISSUED BY THE 3RD RESPONDENT AS PER ANNEXURE-E AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO RENEW THEIR LICENSE AND CONTINUE THEM AS LICENSED WEIGH MEN BY CONSIDERING THE REPRESENTATION DATED 12.01.2021 AS ANNEXURE-D, WITHIN A REASONABLE PERIOD OF TIME. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15239 WP No. 101202 of 2021 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for respondents No.1 and 2 as well as learned counsel for respondent No.3. 2. The petition is filed challenging the endorsement at Annexure-E. In terms of the said endorsement dated 04.03.2021, the petitioner's application seeking renewal of licence of weighman is rejected on the premise that the petitioner has crossed 60 years. 3. Learned counsel for the petitioner would refer to the order of the Co-ordinate Bench of this Court in W.P.No.8729 of 2025 and connected matters. 4. In terms of the said order dated 29.04.2025, the Co-ordinate Bench of this Court has held that application for - 3 - HC-KAR NC: 2025:KHC-D:15239 WP No. 101202 of 2021 renewal of licence as weighman cannot be rejected on the premise that the applicant has crossed the age of 60. 5. Learned Additional Government Advocate for respondents No.1 and 2 does not dispute the aforementioned proposition. 6. This Court has perused the aforementioned order. 7. The Co-ordinate Bench of this Court has held that the application for licence to weighman cannot be refused only because the applicant has completed 60 years of age. 8. In that view of the matter, the writ petition is allowed. Impugned endorsement dated 04.03.2021 is set aside. 9. 3rd respondent-Committee shall consider the application in accordance with law without reference to the age of the applicant. - 4 - HC-KAR NC: 2025:KHC-D:15239 WP No. 101202 of 2021 10. The exercise shall be completed within 30 days from the date of the receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 52