Citation : 2021 Latest Caselaw 3508 Kant
Judgement Date : 25 October, 2021
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.18662 OF 2021(GM-PDS)
BETWEEN:
SRI.ASHOK K V,
AGED ABOUT 46 YEARS,
S/O LATE VEERAPPA K,
KODATHALLU VILLAGE,
SAVALANGA POST,
HONNALI TALUK,
DAVANAGERE DISTRICT - 577 225.
...PETITIONER
(BY SRI. RITHISH D NAIK, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT,
DEPARTMENT OF FOOD & CIVIL
SUPPLIES, VIKAS SOUDHA,
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE JOINT DIRECTOR,
DEPARTMENT OF FOOD & CIVIL SUPPLIES,
DAVANAGERE - 577 225.
3. THE DEPUTY COMMISSIONER (FOOD),
DEPARTMENT OF FOOD & CIVIL SUPPLIES,
DAVANAGERE - 577 225.
... 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 01.10.2021 ISSUED BY THE R2 AT
ANNEXURE-C AND ETC.,
2
THIS 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 judgment in the case of SMT.
SHIVAMMA H.G. Vs. STATE OF KARNATAKA & OTHERS,
in W.P.No.17020/2021 (GM-PDS), disposed off by this
Court on 20.09.2021, a copy whereof is at Annexure-E,
granting relief to the litigant therein.
2. The Division Bench 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, has held that the Court should treat the like-
cases alike and if relief is granted to a litigant therein has
to be extended to a similarly circumstanced litigant as well,
there being no derogatory circumstances.
In view of the above, this writ petition succeeds; the
Endorsement dated 01.10.2021 is hereby quashed;
petitioner's application shall be considered by the second
respondent without insisting upon age & educational
qualification.
Time for compliance is three months.
All contentions are kept open.
No costs.
Sd/-
JUDGE
Bsv
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