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2025 DAILYLAW 89633 (KAR)

G C MALLIKARJUN v. STATE OF KARNATAKA

WP/10287/2025 · 2025-12-08

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51564 WP No. 10287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 10287 OF 2025 (APMC) BETWEEN: G C MALLIKARJUN, AGED ABOUT 61 YEARS, S/O LATE CHIKKATHIMMAIAH, TUKARAVARU, APMC PRANGANA, TIPATURU. …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPT. OF COOPERATION VIKASA SOUDHA, VIDHANA VEEDHI, BENGALOORU - 560 001. 2. DIRECTOR, DIRECTORATE OF AGRICULTURAL MARKETING, 16, RAJBHAVAN ROAD, BENGALOORU - 560 001. 3. AGRICULTURAL PRODUCE MARKETING, COMMITTEE, TIPTUR - 572 201, TUMAKURU DISTRICT. REPRESENTED BY ITS SECRETARY …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51564 WP No. 10287 of 2025 (BY SRI. HARISHA A S.,AGA FOR R1 AND R2; SRI. T SWAROOP.,ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT NO.KRIMAAEE- KRIUUMAASA-(T)/1505/2024-25 DT. 12.2.2025 (ANNEXURE-B) ISSUED BY THE THIRD RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent Nos.1 and 2. 2. Sri. T.Swaroop, learned counsel is directed to take notice for respondent No.3. 3. The petitioner has approached this Court seeking to quash the impugned endorsement dated 12.02.2025 (Annexure-B) issued by respondent No.3, wherein respondent No.3 denied the request for renewal of license of the petitioner as weighman on the ground that the - 3 - HC-KAR NC: 2025:KHC:51564 WP No. 10287 of 2025 petitioner has attained the age of 60 years on 22.08.2024 and as per the Government Circular dated 14.01.2011, the petitioner is not entitled for renewal of licence. 4. Heard learned counsel for the petitioner, learned Addl. Government Advocate for respondent Nos.1 and 2 and Sri. T.Swaroop, learned counsel for respondent No.3. Perused the material on record. 5. Learned counsel for both sides submits that the issue involved in this writ petition is squarely covered by the decision of this Court in the case of H.YASHODAMMA Vs. STATE OF KARNATAKA AND OTHERS1 (H.YASHODAMMA), wherein this Court has directed the respondent-authority not to refuse the renewal of licence of the petitioner only because he has completed 60 years of age. 1 WP.No.8729/2025 (APMC) and connected matters, D.D.29.04.2025 - 4 - HC-KAR NC: 2025:KHC:51564 WP No. 10287 of 2025 6. The issue involved in this writ petition being squarely covered by the aforesaid decision in H.YASHODAMMA's case (supra), the writ petition needs to be disposed of in the similar manner. Accordingly, this Court pass the following: ORDER i) The writ petition is allowed. ii) The impugned endorsement dated 12.02.2025 (Annexure-B) issued by respondent No.3 is hereby quashed. iii) The respondents are at liberty to reconsider the matter afresh on merits without holding that the petitioner has attained the age of 60 years. Ordered accordingly. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 7