- 1 - HC-KAR NC: 2025:KHC:45941 WP No. 8501 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.8501 OF 2024 (APMC) BETWEEN: SUBRAMANYA K.J. S/O JAGADISH K.S., AGED ABOUT 32 YEARS, WORKED AS WEIGHMEN, R/AT LAKSHMI NILAYA, E-BLOCK, SWAMI VIVEKANANDA BADAVANE, SHIVAMOGGA-577202 …PETITIONER (BY SMT. SHILPA RANI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE DIRECTOR OF AGRICULTURAL MARKETING AND APPELLATE AUTHORITY, NO.16/11, RAJABHAVANA ROAD, BENGALURU-560001. 3. AGRICULTURAL PRODUCE MARKETING COMMITTEE, A P M C YARD, SHIVAMOGGA-577201. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SMT. RASHMI M. RAO, HCGP FOR R-1 & R-2; SRI T. SWAROOP, ADVOCATE FOR R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45941 WP No. 8501 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 27/02/2024 IN NO.KruMaE/KruUMaSa(Shi)/1641/2023-24, ISSUED BY THE 3RD RESPONDENT COPY OF WHICH IS PRODUCED AT ANNEXURE-L AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking to quash the endorsement dated 27.02.2024 issued by respondent No.3-Agricultural Produce Marketing Committee (APMC), whereby the petitioner was directed to deposit a sum of `5,50,356/- on the violation of condition No.3 of the Licensing Agreement, and further informed that, in view of Government circular dated 31.12.2015, no fresh weighmen licence could be issued. 2. Heard the learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner had earlier approached this Court in W.P.No.6227/2023, seeking a direction to respondents to - 3 - HC-KAR NC: 2025:KHC:45941 WP No. 8501 of 2024 consider the application for renewal of weighmen license, which was allowed and remitted the matter back to respondent No.3 for fresh consideration. It is submitted that petitioner had filed the affidavit of undertaking as directed and was seeking renewal, not issuance of a fresh licence. Respondent No.3, instead of considering the application for renewal as directed, treated the petitioner’s application as one for a fresh licence, invoked the Government Circular dated 31.12.2015, and raised a fresh demand alleging violation of condition No.3, despite the same having been considered, condoned and closed in the earlier writ petition. 4. Per contra, learned counsel for the respondents- APMC would seek to justify the endorsement. It is contended that the petitioner had earlier violated condition No.3 of the Licensing Agreement and therefore, the demand of `5,50,356/- has been made. It is submitted that respondent No.3 has acted within jurisdiction and that no interference is required. - 4 - HC-KAR NC: 2025:KHC:45941 WP No. 8501 of 2024 5. This Court has carefully considered the rival submissions and perused the material on record. 6. This Court, in W.P. No.6227/2023 preferred by the petitioner, allowed the writ petition and remitted the matter to respondent No.3 for fresh consideration of the petitioner’s application for renewal of licence and passed the following order: a. “The petition is hereby allowed. b. The matter is remitted to the 3rd respondent for re-consideration afresh of the application for renewal of the weighmen license submitted by the petitioner for the year 2023-2024 in accordance with law; c. The petitioner shall file an affidavit of undertaking before respondent No.3 for the purpose of enabling consideration of his application for renewal of license; d. Liberty is also reserved in favour of the petitioner to produce additional pleadings and documents before the 3rd respondent which shall be considered by the 3rd respondent in accordance with law; - 5 - HC-KAR NC: 2025:KHC:45941 WP No. 8501 of 2024 e. The petitioner is directed to appear before the 3rd respondent on 12.2.2024 and submit his pleadings and documents including the affidavit of undertaking referred to supra; f. Immediately upon the petitioner submitting his pleadings, documents and affidavit of undertaking referred to supra, respondent No.3 shall consider the application of the petitioner for renewal of weightmen license and pass appropriate orders on the same within a period of 15 days from 12.2.2024.” (emphasis supplied) 7. This Court recorded the undertaking of the petitioner and issued clear direction to respondent No.3 to consider the petitioner’s application for renewal. 8. On perusal of the impugned endorsement at Annexure-L dated 27.02.2024, it is evident that respondent No.3 has proceeded on an erroneous premise that the petitioner has sought issuance of a fresh licence, and on that basis has relied on the Government Circular dated 31.12.2015. Respondent No.3 has completely failed to notice that this Court had already directed reconsideration of - 6 - HC-KAR NC: 2025:KHC:45941 WP No. 8501 of 2024 the petitioner’s application for renewal and not on application for fresh licence. 9. Respondent No.3 has also once again invoked the alleged violation of condition No.3 of the agreement, which had already been condoned by this Court, with an opportunity given to the petitioner to file an undertaking and seek renewal. Respondent No.3 could not have reopened that issue or traveled beyond the scope of the remand order. 10. It is therefore clear that the impugned endorsement suffers from non-application of mind, is contrary to the specific direction issued by this Court in earlier W.P. No.6227/2023, and has been issued by treating the petitioner’s request as one for issuance of a fresh licence, which is illegal. Accordingly, this Court pass the following: ORDER i. The writ petition is hereby allowed-in-part. ii. The impugned endorsement dated 27.02.2024 issued by respondent No.3 at Annexure-L is hereby quashed. - 7 - HC-KAR NC: 2025:KHC:45941 WP No. 8501 of 2024 iii. The matter is remitted back to respondent No.3 to reconsider the petitioner’s application for issuance of renewal of weighmen licence afresh strictly in terms of the direction issued by the Co-Ordinate Bench of this Court in W.P. No.6227/2023, and pass appropriate order in accordance with law, within two months from the date of receipt of certified copy of this order. iv. Respondent No.2 shall not treat the petitioner’s application as one for issuance of a fresh licence, nor shall it reopen issues already considered and concluded in the earlier writ petition. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 44