Balaji G.V vs State Of Karnataka
2023 Latest Caselaw 9224 Kant

Karnataka High Court

Balaji G.V vs State Of Karnataka on 4 December, 2023

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                          NC: 2023:KHC:43699
                                                         WP No. 7588 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. 7588 OF 2023 (GM-PDS)
                   BETWEEN:

                   BALAJI G.V.,
                   AGED ABOUT 39 YEARS
                   S/O LATE VENKATACHALAPATHI G.L.,
                   HEBBARI GRAMA, CHINTAMANI TALUK
                   CHICKBALLAPUR DISTRICT - 563 146.
                                                                ...PETITIONER
                   (BY SRI. SHIVARAMU H.C., ADVOCATE)

                   AND:

                   1.     STATE OF KARNATAKA
                          REPRESENTED BY ITS
                          PRINCIPAL SECRETARY
                          DEPARTMENT OF FOOD AND
Digitally signed by       CIVIL SUPPLIES, VIKAS SOUDHA
PADMAVATHI B K            BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA           2.    THE DEPUTY COMMISSIONER (FOOD)
                          CHINTAMANI, CHICKBALLAPUR DISTRICT
                          CHICKBALLAPUR - 563 123.

                   3.     THE DEPUTY DIRECTOR
                          DEPARTMENT OF FOOD AND
                          CIVIL SUPPLIES, CHINTAMANI
                          CHICKBALLAPUR DISTRICT
                          CHICKBALLAPUR - 563 123.
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                                               NC: 2023:KHC:43699
                                             WP No. 7588 of 2023




4.   THE THASILDAR
     CHINTAMANI TALUK
     CHICKBALLAPUR DISTRICT
     CHICKBALLAPUR-563123.
                                                   ...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 20.05.2022 ISSUED BY THE THIRD
RESPONDENT     AT    ANNEXURE-A     IN    NO.AA    NA
SA/DRA/CHIM/FPD/PRA/05/2022-23.    TO    THE    THIRD
RESPONDENT TO ISSUE AUTHORIZATION IN FAVOUR OF THE
PETITIONER BY ALLOTTING THE FOOD GRAINS BY
CONSIDERING THE APPLICATION DATED 16.04.2022 FOR
TRANSFER OF AUTHORIZATION IN FAVOUR OF THE
PETITIONER FORTHWITH AT ANNEXURE - C.

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

                              ORDER

Petitioner is before this Court seeking the following

prayer:

"i) Quash the endorsement dated 20.05.2022 issued by the third respondent at Annexure - A in No.Aa Na Sa/DRA/Chim/FPD/PRA/05/2022-23'

ii) Issue writ of mandamus to the third respondent to issue authorization in favour of the petitioner by allotting the food grains by considering the application dated 16.04.2022 for transfer of authorization in favour of the petitioner forthwith at Annexure-C;

iii) Issue any other appropriate writ or order direction to the respondents as this Hon'ble Court deem fit in the facts and circumstances of the case.

NC: 2023:KHC:43699

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.

3. The petitioner was before this Court in an earlier

petition in W.P.No.11207 of 2022 which comes to be disposed

on 02-08-2022 by the following order:

"The subject matter of this writ petition being substantially similar to the one disposed off by a Coordinate Bench of this Court in W.P.Nos. 13559/2020 (GM-PDS) & Connected Matters, between SRI MANMOHANKUMAR V.C. v. STATE OF KARNATAKA & OTHERS, disposed off on 23.12.2021 there cannot be an adverse treatment to the petitioner herein.

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 it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.

In the above circumstances, the writ petition is disposed off in terms of the judgment mentioned Supra.

Costs made easy."

4. The 3rd respondent has not considered the

representation of the petitioner dated 19.12.2022 on the score

NC: 2023:KHC:43699

that this Court has not used the word 'quashed' while quashing

the endorsement in the earlier order.

5. The reason rendered by the concerned Authority, on

the face of it, amounts to contempt. The order dated 02-08-

2022 though did not specify that the impugned endorsement

therein was quashed, the effect of the order is the same. In

the aforesaid light, petition deserves to succeed.

6. For the aforesaid reasons, the following:

ORDER

(i) Writ Petition is allowed.

(ii) Endorsement issued by the 3rd respondent dated

20.05.2022 stands quashed.

(iii) Mandamus issues to the respondents to issue

authorization in favour of the petitioner, as

sought for in the petition.

Sd/-

JUDGE

BKP