Sri Nityananda Shenoy vs State Of Karnataka
2021 Latest Caselaw 6961 Kant

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 21ST DAY OF DECEMBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

         WRIT PETITION NO.23575 OF 2021 (GM-PDS)

BETWEEN:
SRI. NITYANANDA SHENOY
AGED ABOUT 54 YEARS,
S/O LATE SRI. RAMAKRISHNA SHENOY,
R/O 1-123, "DURGA PRASAD",
NEAR OLD AIRPORT,
MALAVOOR GRAMA,
BAJPE POST,
BANGALORE - 574 142.
                                            ...PETITIONER
(BY SRI. VARUN GOWDA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       REPRESENTED BY ITS PRINCIPAL SECRETARY,
       DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
       VIKAS SOUDHA, BENGALURU - 560 001.

2.     THE DEPUTY COMMISSIONER (FOOD),
       DAKSHINA KARNATAKA DISTRICT,
       MANGALORE TALUK - 574 142.

3.     DEPUTY DIRECTOR,
       DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
       DAKSHINA KARNATAKA DISTRICT,
       MANGALORE TALUK - 574 142.

4.     TAHSILDAR,
       DAKSHINA KARNATAKA DISTRICT,
       MANGALORE TALUK - 574 142.
                                          ...RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 16.10.2020 ISSUED BY THE R3 AT
                                2

ANNEXURE-A AND ISSUE WRIT TO THE R3 TO FRESHLY
CONSIDER    THE  APPLICATION FOR   TRANSFER    OF
AUTHORIZATION OF THE PETITIONER DATED 16.09.2020
ANNEXURE-C IN TERMS OF THE ORDER DATED 14.09.2021
PASSED BY THE HONBLE COURT IN WP NO.12139/2021 AT
ANNEXURE-F FORTHWITH.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

The subject matter of this Writ Petition is substantially

covered by the decision of a Co-ordinate Bench of this Court

in W.P.No.17131/2018 (GM-PDS) between SMT. PUSHPA Vs.

THE PRINCIPAL SECRETARY TO GOVERENMENT OF

KARNATAKA & ORS, disposed off on 14.06.2017, a copy of

the said judgment is at Annexure-E.

2. The Division Bench decision of this Court in

W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER

Vs. STATE OF KARNATAKA BY ITS COMMISSIONER &

SECRETARY disposed off on 11.12.1974, it has been held

that like cases should be treated alike and if relief is granted

to a litigant, similar relief cannot be denied to other similarly

circumstanced litigants, subject to all just exceptions.

In the above circumstances, this writ petition is allowed;

impugned order at Annexure-A is set at naught; a direction

issues to respondent No.3 to consider the application at

Annexure-C and inform the petitioner the result of such

consideration thereof within two months.

Costs made easy.

Sd/-

JUDGE DS