Writ Petition No. 8729 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8729 OF 2025 (APMC-) C/W WRIT PETITION NO. 13114 OF 2015 (L-RES) WRIT PETITION NO. 36860 OF 2016 (APMC) WRIT PETITION NO. 57008 OF 2016 (APMC) WRIT PETITION NO. 14292 OF 2018 (APMC) WRIT PETITION NO. 38953 OF 2018 (APMC) WRIT PETITION NO. 58171 OF 2018 (APMC) WRIT PETITION NO. 35627 OF 2019 (APMC) WRIT PETITION NO. 10946 OF 2020 (APMC) WRIT PETITION NO. 7054 OF 2021 (APMC) WRIT PETITION NO. 10901 OF 2022 (APMC) WRIT PETITION NO. 5733 OF 2025 (APMC) IN WP No. 8729/2025 BETWEEN: H. YASHODAMMA W/O LATE B.R. CHANDRAPPA AGED ABOUT 59 YEARS OCC: LICENCED WEIGHMEN APMC, SHIVAMOGGA R/O.NO.53, KRISHNA NILAYA, KOTE ROAD, OPP CITY CO-OPERATIVE BANK, DODDAPETE, SHIVAMOGGA 577 202 (BY SRI. N. SHESHADRI, ADVOCATE FOR …PETITIONER Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS SMT.AISHWARYA HEGDE M V.,ADVOCATE) AND: 1. STATE OF KARNATAKA RESPRESENTED BY ITS PRINCIPAL SECRETARY. DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR, DIRECTORATE OF AGRICULTURAL MARKETING, NO. 16. 2ND RAJ BHAVAN ROAD, BENGALURU- 560 001. 3. AGRICULTURAL PRODUCE MARKET COMMITTEE, SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577201 REPRESENTED BY ITS SECRETARY. (BY SMT.VAHEEDA., AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3 ) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE LICENCE ISSUED IN FAVOUR OF THE PETITIONER AS WEIGHMEN IN R-3 - 3 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS MARKETING COMMITTEE AND GRANT ALL CONSEQUENTIAL BENEFITS. IN WP NO. 13114/2015 BETWEEN: 1. WEIGHMEN UNION (REGD.) AGRICULTURAL PRODUCE MARKET OCMMITTEE TIPTUR-572201 REPRESENTED BY ITS SECRETARY SRI T V CHANDRASHEKAR. 2. T N RAVIKUMAR S/O LATE K NARAYANAPPA AGED ABOUT 60 YEARS WEIGHMAN, APMC TIPTUR-572201 & R/A NO. 139, HT LANE ROAD HANUMANTHAPPA COMPOUND KANCHAGHATTA ROAD TIPTUR. 3. B MAHESH AGED ABOUT 60 YEARS S/O S BASAVARAJU WEIGHMAN, APMC, TIPTUR-572201 & R/A NO. 449, SRI BANASHANKARI BASAVESWARANAGAR TIPTUR. 4. A V SHIVARUDRAPPA S/O VEERAPPA AGED ABOUT 60 YEARS - 4 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS WEIGHMAN, APMC, TIPTUR-572201 & R/A ANAGONDANAHALLI RANGAPUR POST TIPTUR TALUK. 5. J S SHANKARAPPA S/O SHIVALINGAPPA AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A NO. 17/1, GORAGONDANAHALLI TIPTUR TALUK TUMKUR DISTRICT. 6. CHANNABASAPPA S/O LINGAPPA AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A KALLEGOWDANAPALYA TIPTUR TALUK. 7. S SUBRAMANYA AGED BOUT 63 YEARS S/O S VEERAIAH WEIGHMAN, APMC, TIPTUR-572201 & R/A NO. 1176, 3RD MAIN ROAD, GANDHINAGAR KERAGODI ROAD TIPTUR. 8. N M SHIVALINGAIAH S/O MARULAPPA AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A RENUKACHARYA TEMPLE ROAD, - 5 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS NONAVINAKERE TIPTUR TALUK. 9. T Y KUMARASWAMY S/O YELLAPPA AGED ABOUT 60 YEARS WEIGHMAN, APMC, TUPTUR-572201 & R/A 1ST CROSS, NEAR URDU SCHOOL, GANDHINAGAR TIPTUR. 10. PUTTARANGAIAH S/O RANGAIAH AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A GUDDENAHALLI P O TURUVEKERE TALUK TUMKUR DISTRICT. 11. R GANGADHARAIAH S/O RAMAIAH AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A ECHANUR P O POST OFFICE ROAD, TIPTUR TALUK. 12. N RAJASHEKARAIAH S/O NARAYANAPPA AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A SIDDARADEVARA PALYA TADASUR POST TIPTUR HOBLI & TALUK - 6 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 13. MEHABOOB PASHA S/O MOHAMMED ALI AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A NO. 262, 3RD CROSS ROAD VINAYAKANAGARA TIPTUR. 14. B SHIVARUDRAIAH S/O BASAVAIAH AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A 6TH CROSS, VIDYANAGAR SELVAMARIS ROAD TIPTUR. 15. H S CHANNAVASAVAIAH S/O SHIVANANJAPPA AGED ABOUT 63 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A ECHANUR P O TIPTUR TALUK. 16. G P NANJAPPA S/O PARAMESHWARAIAH AGED ABOUT 62 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A GOWDANAKATTE MATHIHALLI POST TIPTUR TALUK 17. NAGAIAH S/O DASAPPA AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A ECHANUR PO TIPTUR TALUK. - 7 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 18. THIMMAPPA S/O NAGAIAH AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A KODIHALLI, KOTANAYAKANAHALLI POST TIPTUR TALUK TUMKUR DISTRICT. 19. T V CHANDRASHEKAR S/O VENKATESHNAIK AGED ABOUT 60 YEARS WEIGHMAN, APMC, TIPTUR-572201 & R/A NO. 504, SIDDALINGEGOWDA COMPOUND, GOODSHED ROAD TIPTUR TUMKUR DISTRICT.
Legal Reasoning
(BY SMT. M.L. SUVARNA, ADVOCATE FOR SRI. K PUTTEGOWDA.,ADVOCATE FOR P2 TO P4, P6 TO P11, P14 TO P17 & P19) ...PETITIONERS AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO OPERATION VIDHANA SOUDHA BANGALORE-560001. 2. THE DIRECTOR DIRECTORATE OF AGRICULTURAL MARKETING, NO.16, 2ND RAJ BHAVAN ROAD BANGALORE-560001. 3. AGRICULTURAL PRODUCE MARKET - 8 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS COMMITTEE, TIPTUR-572201 TUMKUR DISTRICT REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1 & R2; SMT. NAGASHREE, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 11.3.2014 AND 25.2.2015 VIDE ANNEX-F & J TO THE W.P. AND RENEW THE LICENCES OF THE PETITIONER AS WEIGHMEN IN THE R-3/ MARKET COMMITTEE FORTHWITH AND GRANT ALL CONSEQUENTIAL BENEFITS. IN WP NO. 36860/2016 BETWEEN: 1. T.N.GANGADHARA AGED ABOUT 60 YEARS, S/O NITTURAIAH, EARLIER WORKING AS WEIGHMAN, APMC, TIPTUR & R/A AT KOTE BUND ROAD, TIPTUR-572201 TUMKUR DISTRICT. 2. K S SREEKANTAIAH AGED ABOUT 60 YEARS, S/O K C SUBRAMANYA, EARLIER WORKING AS WEIGHMEN, APMC, TIPTUR & R/A CORPORATION ROAD, TIPTUR-572201 TUKUR DISTRICT - 9 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 3. C HONNAIAH AGED ABOUT 60 YEARS, S/O CHIKKANNA, EARLIER WORKING AS WEIGHMAN, APMC, TIPTUR & R/A KANCHEGATTA II MAIN, OPP ANGANAWADI KENDRA, TIPTUR 572201 TUMKUR DISTRICT. (BY SMT.M.L SUVARNA., ADVOCATE FOR SRI. K. PUTTEGOWDA, ADVOCATE FOR P2 & P3; PETITIONER NO.1 IS SERVED) ...PETITIONERS AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, VIDHANA SOUDHA, BANGALORE-560001. 2. THE DIRECTOR DIRECTOR OF AGRICULTURAL MARKETING, NO.16, 2ND RAJ BHAVAN, ROAD, BANGALORE-560001. 3. AGRICULTURAL PRODUCE MARKET COMMITTEE, TIPTUR 572201 TUMKUR DISTRCIT REPRESENTED BY HIS SECRETARY. (BY SMT. VAHEEDA., AGA FOR R1 & R2; SRI. GOPAL BILALMANE, ADVOCATE FOR R3) ...RESPONDENTS - 10 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS DATED 13.4.2016 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE INDIA PRAYING TO QUASH CONSTITUTION OF (UNDER ENDORSEMENTS ANNEXURE-N TO THE WP), DATED 21.4.2016 (UNDER ANNEXURE-P TO THE WP) AND DATED 13.4.2016 (UNDER ANNEXURE-Q TO THE WP). ALL ISSUED TO P1 TO 3 RESPECTIVELY BY THE R-3 / AGRICULTURAL PRODUCED MARKET COMMITTEE BY ISSUED OF A WRIT IN THE NATURE OF CERTIORARI AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS RENEW THE LICENCES OF THE PETITONERS AS WEIGHMEN IN THE R-3 / MARKET COMMITTEE ALL FORTHWITH CONSEQUNETIAL BENEFITS. GRANT AND IN WP NO. 57008/2016 BETWEEN: 1. B S LOKESH RAO AGED ABOUT 60 YEARS S/O LATE B. SETHKOJI RAO EARLIER WORKING AS WEIGHMEN AGRICULTURAL PRODUCE MARKET COMMITTEE, TIPTUR-572 201, TUMKUR DISTRICT. 2. RAJASHEKARAIAH AGED ABOUT 60 YEARS, S/O LINGAIAH, EARLIER WORKING AS WEIGHMEN, AGRICULTURAL PRODUCE MARKET COMMITTEE, TIPTUR & R/A GURUGONDANAHALLI, TIPTUR TALUK TUMKUR DISTRICT-572 201. (BY SMT. M.L. SUVARNA., ADVOCATE FOR ...PETITIONERS - 11 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS SRI. K. PUTTEGOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETAWRY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUTHA, BANGALORE 560 001. 2. THE DIRECTOR DIRECTORATE OF AGRICULTRAL MARKETING, NO.16, 2ND RAJ BHAVAN ROAD, BANGALORE 560 001. 3. AGRICULTURAL PRODUCE MARKET COMMITTEE, TIPTUR-572 201 TUMKUR DISTRICT REPRESENTED BY ITS SECRETARY. (BY SMT. VAHEEDA, AGA FOR R1 & R2 SRI. T. SWAROOP, ADVOCATE FOR R3) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTIUTITON OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE ENDORSEMENTS DATED 21.09.2016; QUASH ENDORSEMENTS (i) DATED 21.09.2016 AT ANNEX-N TO W.P. AND (ii) DATED 21.09.2016 AT ANNEX-P TO W.P. ISSUED BY R3; DIRECTING THE LICENCES OF THE PETITIONERS AS WEIGHMEN IN R3 FORTHWITH AND GRANT ALL CONSEQUENTIAL BENEFITS. THE RESPONDENTS RENEW - 12 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS IN WP NO. 14292/2018 BETWEEN: 1. SRI S R RAJASHEKHARAPPA S/O RAMANNA, AGED ABOUT 60 YEARS NO.32, SIDDHARAHALLI VILLAGE, KASABA HOBLI, AGGUNDA POST, ARASIKERE TALUK HASSAN DISTRICT-573103. 2. SRI. SIDDABASAPPA K B S/O BASAVAIAH, AGED ABOUT 60 YEARS KATIKERE, ARASIKERE TALUK HASSAN DISTRICT-573103. ...PETITIONERS (BY SRI. K G SADASHIVAIAH .,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU-01. 2. THE DIRECTOR OFFICE OF THE DIRECTORATE OF AGRICULTURAL MARKETING, NO.16, 2ND RAJBHAVAN ROAD, BENGALURU-01. - 13 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 3. THE AGRICULTURAL PRODUCE MARKET COMMITTEE BY ITS SECRETARY, ARASIKERE TALUK AND TOWN, HASSAN DISTRICT-573101. (BY SMT. VAHEEDA, AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO CALL FOR THE RECORDS; DIRECT THE R-3 TO RENEW THE LICENCE WITH EFFECT FROM 1ST APRIL 2018 AS WEIGHMEN FORTHWITH AND GRANT SUCH OTHER CONSEQUENTIAL RELIEF. IN WP NO. 38953/2018 BETWEEN: H R GANGADARAIAH AGED ABOUT 61 YEARS S/O RANGAPPA, EARLIER WORKING AS WEIGHMAN, AGRICULTURAL PRODUCE MARKET COMMITTEE, ECHANUR POST, TIPTUR, TUMKUR DISTRICT-572201. (BY SMT.SUVARNA., ADVOCATE FOR SRI. K. PUTTEGOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, ...PETITIONER - 14 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS VIDHANA SOUDHA, BANGALORE-01. 2. THE DIRECTOR DIRECTORATE OF AGRICULTURAL MARKETING, NO.16, 2ND RAJ BHAVAN ROAD, BANGALORE-01. 3. AGRICULTURAL PRODUCE MARKET COMMITTEE TIPTUR-572201 TUMKUR DISTRICT REPRESENTED BY ITS SECRETARY. (BY SMT.VAHEEDA., AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3) ...RESPONDENTS DATED 31.03.2018; THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS LEADING TO THE ENDORSEMENTS QUASH ENDORSEMENTS DATED 31.03.2018 VIDE ANNX-L TO ISSUED BY THE R-3/AGRICULTURAL THE W.P. PRODUCED MARKET COMMITTEE BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RENEW THE LICENCE OF THE IN THE R-3/MARKET PETITIONER AS WEIGHMEN ALL GRANT AND FORTHWITH COMMITTEE CONSEQUENTIAL BENEFITS. - 15 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS ...PETITIONER IN WP NO. 58171/2018 BETWEEN: G B GANAPATHY AGED ABOUT 60 YEARS, S/O LATE BASAPPA, EARLIER WORKING AS WEIGHMAN, AGRICULTURAL PRODUCE MARKET COMMITTEE, HOSANAGAR TALUK, SHIVAMOGGA DISTRICT. (BY SMT. SUVARNA M L.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, VIDHANA SOUDHA, BANGALORE-560001. 2. THE DIRECTOR DIRECTORATE OF AGRICULTURAL MARKETING NO.16, 2ND RAJ BHAVAN ROAD, BANGALORE-560001. 3. AGRICULTURAL PRODUCE MARKET COMMITTEE HOSANAGAR TALUK, SHIVAMOGGA DISTRICT, REPRESENTED BY ITS SECRETARY. (BY SMT. VAHEEDA, AGA FOR R1 AND 2; SRI. T. SWAROOP, ADVOCATE) ...RESPONDENTS - 16 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS LEADING TO THE ENDORSEMENT DATED 31.03.2018 AND QUASH ENDORSEMENT DATED 07.09.2018 (UNDER ANNEXURE-L TO THE WRIT PETITION) AND ISSUED BY THE R-3/AGRICULTURAL PRODUCE MARKET COMMITTEE AND DIRECT THE RESPONDENTS TO RENEW THE LICENCE OF THE IN THE R-3/MARKET PETITIONER AS WEIGHMEN COMMITTEE ALL GRANT AND FORTHWITH CONSEQUENTIAL BENEFITS. IN WP NO. 35627/2019 BETWEEN: 1. K. N. PATIL S/O NINGANAGOUDA PATIL AGED ABOUT 64 YEARS, OCC LICENCED WEIGHMEN APMC SHIVAMOGGA R/O 4TH CROSS SIDEESHWARA NAGARA VIDYANAGAR SHIVAMOGGA -577 203. 2. UPENDRA K T S/O K G THIMMAYA GOUDA AGED ABOUT 64 YEARS, OCC: LICENCED WEIGHMEN APMC SHIVAMOGGA KARAGUNDA, NARASIMHARAJAPURA KADAHINBYLU, SHETTYKOPPA CHICKAMAGALURU-577 134. 3. S T SUBBARAJA GUPTA S/O V T THIMMAYYA SHETTY - 17 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS AGED ABOUT 66 YEARS, OCC LICENCED WEIGHMEN APMC SHIVAMOGGA MAIN ROAD 1ST CROSS DEVARA HOLA RIGHT SIDE GOPASHETTYKOPPA SHIVAMOGGA-577 205. 4. PARVATHAMMA W/O BASAVARAJU AGED ABOUT 65 YEARS, OCC: LICENSED WEIGHMEN APMC SHIMVAMOGGA MAILARESHWARA NILAYA BASAVESHWARA ROAD, 1ST CROSS, GADIKOPPA SHIVAMOGGA-577 201. 5. MUNNAVAR AHMED S/O LATE ABDUL HAQ AGED ABOUT 63 YEARS, OCC: LICENCED WEIGHMAN APMC SHIVAMOGGA NO.88 OT ROAD, BESIDE SHADAB SHADI MAHAL SAVVAIPALYA KURUBARAPALYA RIGHT SIDE SHIVAMOGGA-577 202. 6. O H SHARANAPPA S/O HANUMANTHAPPA AGED ABOUT 65 YEARS, OCC LICENCED WEIGHMEN APMC SHIVAMOGGA NO.198 A BLOCK BOMMANAKATTE VINOBHANAGAR SHIMVAOGGA-577 204. - 18 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 7. NAGABHUSHAN H S S/O SUBHRAMANYAITHAL AGED ABOUT 61 YEARS, OCC LICENCED WEIGHMEN APMC SHIVAMOGGA NO.25/2 O P ROAD LEFT SIDE CHINMAI MISSION PAKKA SHIVAMOGGA-577 201. 8. P SHIVAPPA S/O PUTTAYYA GAUDA AGED ABOUT 61 YEARS, OCC LICENCED WEIGHMEN APMC SHIVAMOGGA NO.C-149/A VRUDHASHRAMA BACKSIDE SWAMY VIVEKANANDA BADAVANE SHIVAMOGGA-577 201. (BY SRI.SHESHADRI., ADVOCATE FOR SRI. GURURAJ R, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO OPERATION VIDHANA SOUDHA BENGALURU-560 001. 2. THE DIRECTOR DIRECTORATE OF AGRICULTURAL MARKETING NO.16 2ND RAJ BHAVAN ROAD, BENGALURU-560 001. ...PETITIONERS - 19 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 3. AGRICULTURAL PRODUCE MARKET COMMITTEE SHIVAMOGGA DISTRICT-577201 REPRESENTED BY ITS SECRETARY. 4. H.K. SRINIVAS S/O LATE KRISHNAPPA AGED ABOUT 46 YEARS KUMBARA STREET, SIGEHATTI SHIVAMOGGA - 577201. 5. NARESH S/O LATE SHEKRAPPA AGED ABOUT 52 YEARS HANUMANTHA NAGAR S.V. BADAVANE SHIVAMOGGA - 577201. 6. K.J. SUBBRAMANYA S/O JAGADEESH AGED ABOUT 30 YEARS NO.9, 3RD GATE VINOBHA NAGAR SHIVAMOGGA -577 201. 7. S.B. ARAVINDA S/O BHOJARAJAPPA AGED ABOUT 31 YEARS YADAVALA VILLAGE HARANAHALLI SHIVAMOGGA - 577416. ...RESPONDENTS (BY SMT.VAHEEDA., AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3; MS. SHILPA RANI, ADVOCATE FOR R4 TO R7) - 20 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS THIS W.P. IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE LICENCE ISSUED IN FAVOUR OF THE PETITIONERS AS WEIGHMEN IN R-3 MARKETING ALL COMMITTEE CONSEQUNETIAL BENEFITS. GRANT AND IN WP NO. 10946/2020 BETWEEN: P V MALLIKARJUNAYYA AGED ABOUT 55 YEARS S/O P R VENKATAPPA NO.1559, RANGAPURA MAIN ROAD GANDHINAGAR KOTANAYAKANAHALLI TIPTUR-572201. TUMAKURU DISTRICT. ...PETITIONER (BY SRI. N. SHWHSADRI., ADVOCATE FOR SRI. GURURAJ R, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT. OF COOPERATION VIKASA SOUDHA, VIDHANA VEEDHI BENGALURU-560001. 2. DIRECTOR DIRECTORATE OF AGRICULTURE MARKETING NO.16, RAJBHAVAN ROAD BENGALURU-560001. - 21 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 3. AGRICULTURAL PRODUCE MARKETING COMMITTEE TIPTUR-572201 TUMAKURU DISTRICT REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SMT. VAHEEDA., AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO-QUASH THE IMPUGNED ENDORSEMENT DATED 28.07.2020 ANNEXURE-C ISSUED BY THE R-3 COMMITTEE. IN WP NO. 7054/2021 BETWEEN: G C SHIVAPPA S/O CHANNABASAIAH AGED ABOUT 61 YEARS EARLIER WORKING AS WEIGHMAN AGRICULTURAL PRODUCE MARKET COMMITTEE TIPTUR AND R/A GOWDANAHUTTI KASABA HOBLI TIPTUR. ...PETITIONER (BY SMT. M.L. SUVARNA, ADVOCATE FOR SRI. PUTTE GOWDA K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO OPERATION VIDHANA SOUDHA - 22 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS BANGALORE-560001. 2. THE DIRECTOR DIRECTORATE OF AGRICULTURAL MARKETING NO.16, 2ND RAJ BHAVAN ROAD BANGALORE-560001. 3. AGRICULTURAL PRODUCE MARKET COMMITTEE TIPTUR TUMKUR DISTRICT REPRESENTED BY ITS SECRETARY - 572 201. (BY SMT.VAHEEDA., AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3) ...RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUITON OF INDIA PRAYING TOCALL FOR THE ENTIRE RECORDS LEADING TO THE ENDORSEMENT DATED 25.2.2020 QUASH ENDORSEMENTS DATED 25.2.2020 (UNDER ANNEXURE-L TO THE W.P.) AND ISSUED BY THE R-3 AGRICULTURAL PRODUCE MARKET COMMITTEE BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND ISSUE A WRIT IN THE THE NATURE RESPONDENTS TO RENEW THE LICENCE OF THE PETITIONER AS WEIGH MEN IN THE R-3 /MARKET AL FORTHWITH COMMITTEE CONSEQUENTIAL BENEFITS. MANDAMUS DIRECTING GRANT AND OF - 23 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS IN WP NO. 10901/2022 BETWEEN: 1. M MANJU AGED 61 YEARS S/O KRISHNAPPA WORKING AS LICENCED WEIGHTMAN AGRICULTURAL PRODUCE MARKET COMMITTEE, NANDIGODU ATHAVADI, HONNESARA SAGAR TALUK SHIMOGA DISTRICT - 577 417. 2. RAJANNA AGED 60 YEARS S/O SHIVARUDRAPPA WORKING AS LICENCED WEIGHMAN AGRICULTURAL PRODUCE MARKET TIPTUR TIPTUR, TUMKUR - 572 201. 3. RAJA VIKRAM AGED 61 YEARS S/O SINGRI NARAYANAPPA WORKING AS LICENCED WEIGHTMAN AGRICULTURAL PRODUCE MARKET TIPTUR TIPTUR, TUMKUR - 572 201. 4. VEERABADHADRAPPA AGED 61 YEARS S/O DYAVAPPA WORKING AS LICENCED WEIGHMAN AGRICULTURAL PRODUCE MARKET COMMITTEE SAGARA SHIMOGA DISTRICT - 577 401. - 24 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 5. KALIDASA SHETTY AGED 63 YEARS S/O SINAPPA SHETTY WORKING AS LICENCED WEIGHMAN AGRICULTURAL PRODUCE MARKET COMMITTEE SAGARA, SHIMOGA DISTRICT - 577401. 6. GANAPATHI J B AGED 60 YEARS S/O BASAPPA WORKING AS LICENCED WEIGHTMAN AGRICULTURAL PRODUCE MARKET COMMITTEE SAGARA SHIMOGA DISTRICT - 577401. 7. LAZARAS LOPES AGED 62 YEARS S/O ALEX LOPES WORKING AS LICENCED WEIGHMAN AGRICULTURAL PRODUCE MARKET COMMITTEE SAGARA SHIMOGA DISTRICT - 577401. 8. PENCHALAIAH AGED 66 YEARS S/O PANCHALAGADU WORKING AS LICENCED WEIGHMAN AGRICULTURAL PRODUCE MARKET COMMITTEE SAGARA SHIMOGA DISTRICT - 577401. - 25 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 9. C MANJUNATH AGED 64 YEARS S/O LATE CHOWDAPPA ACHAR WORKING AS LICENCED WEIGHTMAN AGRICULTURAL PRODUCE MARKET COMMITTEE, SAGARA SHIMOGA DISTRICT - 577401. 10. BOGRAJ V AGED 67 YEARS S/O VENKATARAMANA WORKING AS LICENCED WEIGHTMAN AGRICULTURAL PRODUCE MARKET COMMITTEE SAGARA SHIMOGA DISTRICT - 577401. ...PETITIONERS (BY SMT. SUVARNA, ADVOCATE SRI. PUTTE GOWDA K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE - 560 001. 2. THE DIRECTOR DIRECTORATE OF AGRICULTURAL MARKETING NO.16, 2ND RAJ BHAVAN ROAD, BANGALORE - 560 001. 3. AGRICULTURAL PRODUCE MARKET COMMITTEE - 26 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS MANIKOPPA HOSANAGARA, SHIMOGA - 577 418 SHIMOGA DISTRICT REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SMT.VAHEEDA, AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3 TO R5)
Decision
THIS W.P. IS FILED PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE ENDORSEMENTS DATED 25.03.2022, 09.04.2022 AND 14.03.2022 QUASH CIRCULAR BEARING DATED 31.12.2015 ISSUED BY THE R-1 (UNDER ANNX-C TO THE WRIT PETITION), AND ENDORSEMENTS BEARING DATED 25.03.2022 (UNDER ANNX-L1 TO THE WRIT PETITION), DATED 09.04.2022 (UNDER ANNX-L2 TO THE WRIT PETITION), DATED 09.04.2022 (UNDER ANNX-L3 TO THE WRIT PETITION), DATED 14.03.2022 (UNDER ANNX-L4 TO THE WRIT PETITION), DATED 14.03.2022 (UNDER ANNX-L5 TO THE WRIT PETITION), DATED 14.03.2022 (UNDER ANNX-L6 TO THE WRIT PETITION), DATED 14.03.2022 (UNDER ANNX-L7 TO THE WRIT PETITION), DATED 14.03.2022 (UNDER ANNX-L8 TO THE WRIT PETITION), DATED 14.03.2022 (UNDER ANNX-L9 TO THE WRIT PETITION) AND DATED 14.03.2022 (UNDER ANNX-L10 TO THE WRIT PETITION) ISSUED BY THE R-3 / AGRICULTURAL PRODUCE MARKET COMMITTEE BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RENEW THE LICENCE OF THE PETITIONER AS WEIGHMEN IN THE R-3 / MARKET COMMITTEE FORTHWITH AND GRANT ALL CONSEQUENTIAL BENEFITS. - 27 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS IN WP NO. 5733/2025 BETWEEN: BHAGYALAKSHMI T.P. W/O D ANANTHAPPA, AGED ABOUT 61 YEARS, OCC LICENCED WEIGHMEN, LICENCE NO 23/2018-19, APMC, SHIVAMOGGA, R/O 1ST CROSS, KARIDEVARA KERI, GANDHI BAZAR, SHIVAMOGGA 577202. (BY SRI. N. SHESHADRI, ADVOCATE FOR SMT. AISHWARYA HEGDE M V.,ADVOCATE) ...PETITIONER AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, VIDHANA SOUDHA, BENGALURU 560001 2. THE DIRECTOR DIRECTORATE OF AGRICULTURE MARKETING NO 16, 2ND RAJ BHAVAN ROAD, BENGALURU 560001 3. AGRICULTURAL PRODUCE MARKETING COMMITTEE SHIVAMOGGA SHIVAMOGGA DISTRICT 577201. - 28 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SMT.VAHEEDA., AGA FOR R1 & R2; SRI. T. SWAROOP, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REINSTATE THE PETITIONER AS WEIGHMEN IN THE R-3 MARKETING COMMITTEE AND GRANT ALL CONSEQUENTIAL BENEFITS. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER These petitioners have been licenced to function as weighmen in a Market Area as contemplated under Section 72 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 [for short, 'the APMC Act'] read with Rule 79 of the Karnataka Agricultural Produce Marketing (Regulation and - 29 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS Development) Rules, 19681 [for short, 'the APMC Rules'], and they are aggrieved by the concerned Marketing Committee’s decision not to renew their licences because they have completed 60 years of age. 2. It is not in dispute that the aforesaid provisions of the APMC Act and the APMC Rules stipulate that no person can operate as a weighman unless the concerned Marketing Committees issue licence under these provisions and that these provisions do not restrict the issuance of licence to persons of a particular age or refuse renewal upon the request of licence holders upon completion of a certain age. Further, it is undisputed that the decision to refuse the renewal of licence to the petitioners because they have completed 60 years is based on the Circular dated 14.01.2011 issued by the 1 This Act and Rules for convenience are referred to as the APMC Act and APMC Rules. - 30 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS Director, Directorate of Agricultural Marketing; that this Circular is issued consequent to the Government Order dated 19.11.2010. 3. It is also not in dispute that the Government Order dated 19.11.2010 and the Circular dated 14.01.2011 are essentially for establishment of a common account so that the licence fee payable by the concerned tradesperson is received in the common account of each Marketing Committee and distributed to the weighman commensurate with the prescribed minimum wage. The State Government has issued further order dated 31.12.2015, based on the recommendations of another Committee, stipulating that there must be due compliance with the directions of this Court to ensure that the Weighmen are paid wages that compare with the minimum wages. - 31 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 4. Sri N. Sheshadri and Ms. M.L. Suvarna, the learned counsels for the petitioners, submit that, [a] this Court must direct the concerned Marketing Committees to renew weighmen's licences without the stipulation of age contending that the Circular dated 14.01.2011 has been inoperative with no efforts being taken to operate a common account for disbursement of licence fee commensurate with minimum wages or for refusing renewal of weighmen's licences; [b] there are instances when some weighmen, who have completed 60 years, have approached for renewal of their licences beyond their age of 60 years, the State Government has accorded such permission, and consequentially, licences are being renewed regularly; [c] this arrangement of a yearly licence for weighman and renewal thereafter, is not unique to - 32 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS the Marketing Committees in the State of Karnataka. It is across other States as well, more particularly, Maharashtra and Tamil Nadu, there is no restriction on the renewal of licences for those who have completed 60 years; [d] any decision to refuse renewal of weighmen's licence after they have crossed the age of 60 years in the absence of statutory provisions must be based on rationale and due process to give effect to such rationale, and there is no rationale in the present situation, because it cannot be assumed that every person beyond the age of 60 years will be incapable of working as a weighman. 5. The learned counsels argue that the Weighmen only complement the work of others such as Hamalis, Cartman, Measurers, and Surveyors, that the Market Committees do not extend any financial assistance to the Weighmen and that there are no service regulations other than the - 33 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS arrangement for payment of wages under the Circular dated 14.01.2011, which is also mostly inoperative. 6. Sri T. Swaroop, the learned counsel for the third respondent/the Market Committee, and who is supported by Ms. Vaheeda, the learned Additional Government Advocate for the first and second respondents, stoutly denies the assertion that account has not been set up as is contemplated under the Government Order dated 19.11.2010 and the subsequent Circular dated 14.01.2011 for establishment of a common account, and in fact, Sri.T.Swaroop emphasizes that for each Market Committee, a Weighmen's Welfare Fund is established with the representatives of the Weighmen participating in the Fund Management Committee and the wages payable by every trader to the Weighmen is received in this account and the - 34 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS amounts are disbursed to the Weighmen through cheques. 7. Sri T.Swaroop relies upon the Government Order dated 31.12.2015 to contend that the Government is conscious of the requirement to ensure that the Weighmen are paid wages commensurate with the minimum wages notified, and as such, restriction is also brought in place for issuance of fresh Weighmen's licences. The learned counsel submits that he has no instructions on the assertion that the Orders dated 19.11.2010 and 14.01.2011 are inoperative because certain Weighmen's licences are renewed after the year 2011 onwards even for those who have completed 60 years. 8. Further, Sri T. Swaroop submits that the Hon'ble Apex Court in Avinash Chand and others vs. Chairman, Market Committee, Kaithal and - 35 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS others2, in a very similar circumstance wherein there was a directive not to allow auctioneers on commission basis to work beyond the age of 60 years, has observed that in the absence of Rules, it was open to the concerned to fix the retirement age and that it would be futile for the concerned auctioneers to contend that they should be allowed to continue to function until they remain physically fit. The learned counsel submits that the Hon'ble Apex Court's decision in the light of the facts which are culled out and the facts in this case are similar. 9. The circumstances emphasized by Sri T.Swaroop are:- (1) that till the issuance of the instructions in 1982 as reiterated in 1992 there was no maximum age- limit laid down for auctioneers who had been engaged on commission basis; 2 (2010) 12 Supreme Court cases 755 - 36 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS (2) that the auctioneers were not employees of the Board or the Committees as they were engaged specifically for the purpose of conducting auctions on commission basis and that their services were not governed by any rules; (3) it was only appropriate in the absence of rules, that the instructions issued by the Chief Administrator which were in the interest of the Board and the Committees and, therefore, visualised under Section 33(4)(ii) of the Act, should be made applicable to the case of the appellants; and (4) in the light of the fact that till then, there were no instructions regarding the maximum age of the auctioneers, it was appropriate for the Board to fix the retirement age on par with all Government employees who were allowed to continue up to the age of 60 years and in this view of the matter, it could not be said that the step taken by the Chief Administrator was arbitrary or without basis. - 37 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 10. Ms. Shilpa Rani, the learned counsel for the impleading applicants who are brought on record as private respondents, while adopting the afore arguments, contends that these respondents are aged between 25 to 35 years; that it is these respondents, who work more than the Weighmen aged above 60 years; that these senior Weighmen do not contribute, but the fee paid by the traders will have to be shared equally with even them resulting in reduced pay. 11. At the outset, this Court must observe that if the petitioners had set up their grievance against the refusal of licence, because they have crossed 60 years only based on lack of jurisdiction, the exposition by the Hon'ble Apex Court in Avinash Chand and others vs. Chairman Market Committee, Kaithel and others would squarely apply. However, in the present case, the petitioners pitch their case on specific assertions. The chief amongst these assertions are that though the - 38 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS Government Order and the consequential Circular is issued in the year 2010-2011, they have not been operated insofar as the stipulation that Weighmen's licence for those who are beyond 60 years of age must not be renewed and that the Government, despite its own Order dated 19.11.2010, has granted extension to those who have crossed the age limit of 60 years. 12. These undisputed circumstances justify distinguishing the present case. If the Market Committee, at the instance of the Government, has renewed Weighmen's licence for those who have crossed the age of 60 years, the decision not to renew such licence for these petitioners will tantamount to treating these petitioners discriminately and that would be unreasonable. Therefore, this affords the first reason for this Court's interference in the present petition. - 39 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS 13. The stipulation in the Government Order dated 19.11.2010 and the consequential Circular dated 14.01.2011 is based on certain recommendations, and on reading the Government Order and the Circular, it emerges that the entire effort has been to streamline the method of payment to Weighmen without discrimination and in consonance with the notified minimum wages to manage what could be seasonal and uncertain work. However, there is no specific reason assigned to stipulate that Weighmen's licences should not be renewed in case of those who have crossed the age of 60 years. 14. The reason to deny the opportunity to work must first come from the Committee that has made the recommendations. The recommendation to limit the opportunity to those who have crossed 60 [sixty] years must be after going through all the circumstances, and this becomes very relevant in this - 40 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS Court's opinion with the Government's decision dated 31.12.2015. The Government's decision with this Order dated 31.12.2015, apart from the reiteration of the obligation to ensure that the Weighmen receive wages commensurate with the notified minimum wages, is to limit the number of Weighmen in the Market Committees by prohibiting renewal of licence to those who have crossed 60 years of age and not to issue fresh licences must coalesce after analysis of all the circumstances. This is glaringly absent in the present case. 15. If the order dated 31.12.2015 stipulates that no licence should be issued, it becomes difficult to accept the argument on behalf of the private respondents. It is an undisputed fact that some of these private respondents are in the early 30s and are licenced Weighmen, which would essentially mean that the licence is issued subsequent to the Order dated 31.12.2015, but the underlying fact that - 41 - NC: 2025:KHC:17894 WP No. 8729 of 2025 C/W WP No. 13114 of 2015 WP No. 36860 of 2016 AND 9 OTHERS emerges from this is that there is lack of consistency in implementing these stipulations for the aforesaid reasons. For the afore, the following: ORDER The petitions are disposed of directing the concerned Market Committees not to refuse renewal of licence for the petitioners only because they have completed 60 years of age. The State Government will be at liberty to revisit the entire set of circumstances and arrive at a fresh decision in this regard. Sd/- (B M SHYAM PRASAD) JUDGE PSJ List No.: 1 Sl No.: 12