N.Maruthi vs State Of Karnataka
2023 Latest Caselaw 9139 Kant

Karnataka High Court

N.Maruthi vs State Of Karnataka on 4 December, 2023

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                          NC: 2023:KHC:43698
                                                        WP No. 15502 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                            BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                          WRIT PETITION NO. 15502 OF 2023 (GM-PDS)
                   BETWEEN:

                   N.MARUTHI
                   AGED ABOUT 36 YEARS
                   S/O LATE NARASIMHAPPA
                   R/O S.H.HALLI VILLAGE
                   B.DURGA HOBLI
                   HOLALKERE TALUK
                   CHITRADURGA DISTRICT - 577 501.
                                                                ...PETITIONER
                   (BY SRI. SHIVARAMU H.C., ADVOCATE)

                   AND:

                   1.    STATE OF KARNATAKA
                         REPRESENTED BY ITS
Digitally signed
by PADMAVATHI            PRINCIPAL SECRETARY
BK                       DEPARTMENT OF FOOD AND
Location: HIGH           CIVIL SUPPLIES, GROUND FLOOR
COURT OF
KARNATAKA                VIKAS SOUDHA
                         BENGALURU - 560 001.

                   2.    THE JOINT DIRECTOR OF
                         FOOD AND CIVIL SUPPLIES
                         CHITRADURGA DISTRICT
                         CHITRADURGA - 577 501.
                                                             ...RESPONDENTS
                   (BY SRI. KIRAN KUMAR, HCGP)
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                                                  NC: 2023:KHC:43698
                                               WP No. 15502 of 2023




     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT DT. 18.01.2023 ISSUED BY THE R2
IN NO. CSD/ENDORSEMENT / CR/282/2022-23 AT ANNX-B.

     THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:


                                ORDER

The petitioner is before this Court, seeking for the

following prayers:

"i) issue a writ of certiorari or similar writ or order or direction to quash the impugned endorsement dated 18.01.2023 issued by the second respondent in No.CSD/Endorsement/CR/282/2022-23 at Annexure-B;

ii) issue writ of mandamus to the second respondent directing consideration of the application dated 12.01.2023 produced at Annexure - A1 in terms of the order dated 08.02.2019 passed in W.P.No.17131/2018 at Annexure - C; order dated 20.09.2021 passed in W.P. No.17048/2021 at Annexure C1.

iii) Issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case.

In the interest of justice and equity."

2. Heard Sri. Shivaramu.H.C., learned counsel appearing

for petitioner and Sri Kiran Kumar, learned High Court

Government Pleader for respondents 1 to 3.

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3. Learned counsel appearing for the petitioners would

submit that the issue in the lis stands covered by the judgment

rendered by the Co-ordinate Bench of this Court in W.P.No.

17131 of 2018 disposed on 08.02.2019, wherein it has held as

follows:

"... ... ...

8. Admittedly, the application for transfer of endorsement in favour of the petitioner has been rejected on the ground that the petitioner does not fulfill the criteria with regard to the age. Paragraph-5 of the order dated 20.02.2017 in W.P.No.6993/2017 reads as under:

"5. Both on the aspect relating to the applicant not requiring to pass the SSLC and the restriction of age not being applicable when the transfer of authorization is sought on compassionate ground has arisen before this Court in several writ petitions including W.P.No.22448/2015 dated 21.09.2016 and W.P.No.204335/2014 dated 17.11.2014 and it has been held that such condition cannot be imposed for transfer on compassionate ground."

9. From close scrutiny of the aforesaid paragraph, it is evident that in W.P.No.22448/2015 which was decided by an order dated 21.09.2016, it has been held that the requirement with regard to having passed SSLC and restriction of age is not applicable when the - 6 - transfer of authorization is sought on compassionate ground. The aforesaid finding has admittedly attained finality and is binding on the respondents as they have not challenged the same either by filing a review petition or by filing a writ appeal. Therefore this Court finds no reason to take a different view.

10. In the result, the impugned endorsement dated 23.03.2018 is hereby quashed and set aside and a direction is issued to respondent No.1 to take note of the application filed by the petitioner and to consider the

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same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date on which a copy of this order is furnished."

4. In the light of the issue standing covered by

judgment rendered by the co-ordinate Bench (supra) and for

the reasons rendered therein, I proceed to pass the following:

ORDER

(i) The Writ Petition is allowed.

(ii) The impugned endorsement dated 18.01.2023 issued by the 2nd respondent stands quashed.

(iii) A direction is issued to 2nd respondent to consider the application of the petitioner dated 18.01.2023 as expeditiously as possible, but not later than eight weeks from the date of receipt of a copy of this order.

Sd/-

JUDGE

CT:SS