Sri Shivaraya vs The Director
2026 Latest Caselaw 2128 Kant

Citation : 2026 Latest Caselaw 2128 Kant
Judgement Date : 10 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Sri Shivaraya vs The Director on 10 March, 2026

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                 -1-
                                                               NC: 2026:KHC-K:2276
                                                            WP No. 200819 of 2026


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 10TH DAY OF MARCH, 2026

                                              BEFORE
                           THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                             WRIT PETITION NO. 200819 OF 2026 (APMC)

                      BETWEEN:

                      SRI SHIVARAYA S/O IRAPPA HAVARAGI,
                      AGED ABOUT 60 YEARS, OCC: WEIGHMAN,
                      R/O RAJPUTA GALLI, INDI ROAD,
                      VIJAYAPURA.
                                                                     ...PETITIONER

                      (BY SRI. RAVI B. PATIL, ADVOCATE)

                      AND:

                      1.   THE DIRECTOR
                           DEPARTMENT OF AGRICULTURE
Digitally signed by        PRODUCE MARKETING,
NIJAMUDDIN
JAMKHANDI
                           OFFICE OF DIRECTOR, 1ST CROSS
Location: HIGH             RAJ BHAVAN ROAD, P.B. NO.5309,
COURT OF
KARNATAKA                  BENGALURU-560001.

                      2.   THE SECRETARY,
                           AGRICULTURAL PRODUCE MARKETING COMMITTEE,
                           NEELAKANTESHAWAR MARKET YARD,
                           INDI ROAD, VIJAYAPURA-586101.

                                                                  ...RESPONDENTS

                      (BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1;
                       SRI KRUPA SAGAR PATIL, ADVOCATE FOR R2)
                                    -2-
                                                 NC: 2026:KHC-K:2276
                                            WP No. 200819 of 2026


HC-KAR




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO -A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
ENDORSEMENT      DATED   03-02-2026   BEARING    NO.
ADM/APMC(V)/1564.2025-26 AS AT ANENXURE-D ISSUED BY
THE 2ND    RESPONDENT AUTHORITY REFERRING TO THE
CIRCULAR BEARING NO. 7703 DATED 21-02-2022 ISSUED BY
THE KARNATAKA STATE AGRICULTURE MARKETING BOARD, AS
ILLEGAL, ARBITRARY AND CONTRARY TO THE PROVISIONS OF
LAW. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NO.2 TO CONSIDER THE APPLICATION OF THE
PETITIONER DATED 02-12-2025 AS AT ANNEXURE-C FOR
RENEWAL OF LICENCE AS WEIGHMAN AS REQUIRED UNDER
RULE 79(2) OF THE APMC REGULATIONS, WITHIN SUCH
STIPULATED TIME AS THIS HONOURABLE COURT DEEMS FIT
IN THE CIRCUMSTANCES OF THE CASE. C) PASS SUCH
OTHER/S AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE.

    THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM:    HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                             ORAL ORDER

1. The petitioner is before this Court in this writ

petition filed under Articles 226 & 227 of the Constitution of

India, seeking for the following reliefs:

(a) Issue a writ of certiorari to quash the impugned endorsement dated 03.02.2026 bearing No.ADM/APMC(V)/1564:2025-26 as at Annexure-D nd issued by the 2 respondent authority referring to the

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Circular bearing No.7703 dated 21.02.2022 issued by the Karnataka State Agriculture Marketing Board, as illegal, arbitrary and contrary to the provisions of law;

(b) Issue a writ of mandamus directing the respondent No.2 to consider the application of the petitioner dated 02.12.2025 as at Annexure-C for renewal of licence as Weighman as required under Rule 79(2) of the APMC Regulations, within such stipulated time as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice.

(c) Pass such other order/s as this Hon'ble Court deems fit in circumstances of the case, in the interest of justice and equity.

2. Learned counsel for the petitioner submits that,

the question that arises for consideration in this writ petition

has been decided by the co-ordinate Bench of this Court in a

batch of writ petitions and he has referred to the order

passed in W.P.No.8729/2025 and connected writ petitions,

which were disposed of on 29.04.2025 and submits that, this

writ petition may also be disposed of in terms of the orders

passed in the said writ petitions.

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3. Learned counsel for the contesting respondents

does not dispute the said submission made by the petitioner.

4. In view of the aforesaid, this writ petition is

required to be disposed of in terms of the orders passed by

the co-ordinate Bench of this Court in W.P.No.8729/2025

and connected writ petitions disposed of on 29.04.2025 and

the respondents herein are to be directed not to refuse the

renewal of the petitioner's Weighman license only for the

reason that he has completed 60 years of age.

5. Accordingly, the following order:

ORDER

(i) The writ petition is partly allowed;

(ii) The impugned endorsement at

Annexure-D dated 03.02.2026 is quashed and the

respondents are directed not to refuse renewal of

the petitioner's Weighman license only for the

reason that he has completed 60 years of age;

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(iii) The State Government will be at liberty

to revisit the entire set of circumstances and arrive

at a fresh decision in this regard.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE

Svh/-

List No.: 1 Sl No.: 73 CT:PK