Karnataka High Court
M.P Mohana Kumari vs State Of Karnataka on 21 December, 2023
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2023:KHC:46945
WP No. 28015 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 28015 OF 2023 (GM-RES)
BETWEEN:
M.P. MOHANA KUMARI,
AGED ABOUT 39 YEARS,
D/O LATE M.S. PUTTASWAMY,
W/O M.K. RAVI SHANKAR,
R/O MALLHALLI VILLAGE,
ULLAHALLI HOBLI,
NANJANGUD TALUK,
MYSORE DISTRICT - 571 315.
...PETITIONER
(BY SRI. SHIVARAMU H.C., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS
Digitally PRINCIPAL SECRETARY,
signed by DEPARTMENT OF FOOD AND
SUMA B N
CIVIL SUPPLIES, GROUND FLOOR,
Location:
VIKAS SOUDHA, BANGALORE - 560 001.
High Court
of Karnataka
2. THE JOINT DIRECTOR OF
FOOD AND CIVIL SUPPLIES,
MYSORE DISTRICT, MYSORE - 570 032.
3. THE THASILDAR,
NANJANGUD TALUK,
NANJANGUD, MYSORE DISTRICT - 570 032.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)
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NC: 2023:KHC:46945
WP No. 28015 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION TO QUASH
THE ENDORSEMENT DATED 7.11.23 PASSED BY THE R2 IN HIS
ORDER NO.FPS/NUM.THA/02/2023-24 AT ANNEXURE-B AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Varamu. H. C. learned counsel appearing
for the petitioner, Smt. Rashmi Patel learned High Court
Government Pleader appearing for the respondents.
2. The petitioner is before this Court seeking
quashing of endorsement at Annexure-B issued by the
Joint Director of Food and Civil Supplies, Mysore declining
to consider the request of the petitioner for grant of
authorization to run fair price shop under compassionate
of grounds. The case of the petitioner is that, her father
late Sri. M. S. Puttaswamappa was issued with
authorization to run the price fair shop under the provision
of Karnataka Essential Commodities (PDS) Control Order,
NC: 2023:KHC:46945
1992 and the license was valid till 31.12.2025. That her
father passed away on 17.05.2023 leaving behind the
petitioner as his legal representatives. The petitioner is
qualified having passed SSLC, petitioner being herself
eligible to seek issuance of authorization under
compassionate ground made a representation on
31.05.2023. In response respondent No.2 Joint Director
has issued endorsement at Annexure-B, declining to grant
the authorization solely on the ground that the petitioner
is married daughter of the deceased.
3. Counsel for the petitioner refers to a judgment
dated 18.04.2023 passed by the Co-ordinate Bench of this
Court in the case of Smt. Indu. S. K. Vs State of
Karnataka in WP.No.7010/2023, which was passed
fallowing the judgment in the case of Smt. G. V.
Hemavathi Vs. State of Karnataka and others in
WP.No.51361/2019 wherein, on the similar facts situation
of the matter, this Court had allowed the writ petition
NC: 2023:KHC:46945
granting relief similar to the one sought in the present
petition.
4. In view of the above aforesaid settled position of
law, the endorsement at Annexure-B issued by the Joint
Director declining to consider the request of the petitioner
for grant of authorization on the compassionate ground
solely for the reason of she being a married daughter is
unsustainable of the same is set aside. The petition is
allowed.
5. Respondent No.2 is directed to consider the
application dated 31.05.2023 produced at Annexure-A1 to
the writ petition in terms of the orders passed in
WP.No.7010/2023 dated 18.04.2023 within a period of six
weeks from the date of receipt of a certified copy of this
order.
Sd/-
JUDGE
PHM
