Basappa S/O Bandareppa vs The State Of Karnataka And Ors
2023 Latest Caselaw 1134 Kant

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          IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

     DATED THIS THE 30TH DAY OF JANUARY, 2023

                        BEFORE

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            W.P.NO.200029/2023 (GM-EC)

BETWEEN:

BASAPPA S/O BANDAREPPA,
AGE: 38 YEARS, OCC: UNEMPLOYED,
R/O BOMMANAL,
TQ. LINGASUGURU-584125,
DIST. RAICHUR.
                                     .... PETITIONER

(BY SRI VEERSHETTY B. KONDAMAPALLI, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       DEPARTMENT OF
       FOOD AND CIVIL SUPPLY,
       M.S. BUILDING, BANGALORE
       BY ITS SECRETARY.

2.     THE DEPUTY COMMISSIONER,
       RAICHUR-584101.

3.     THE DEPUTY DIRECTOR,
       FOOD AND CIVIL SUPPLY,
       RAICHUR-584101.

4.     THE COMMISSIONER,
       FOOD AND CIVIL SUPPLY,
       BANGALORE-560001.
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5.   THE TAHASILDAR,
     LINGASUGURU,
     DIST. RAICHUR-585101.
                                             ... RESPONDENTS

(BY SRI VEERANAGOUDA M. BIRADAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
WRIT    OF   CERTIORARI    QUASHING    THE  IMPUGNED
ENDORSEMENT O/O FCS 13/1/2017/965 DATED 01.03.2017
(RECEIVED ON 21.03.2021) PASSED BY RESPONDENT NO.2 AS
PER ANNEXURE-F AND ETC.

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

                           ORDER

Learned counsel for the petitioner submits that the

issue involved in this case is squarely covered by the

judgment of this Court in W.P.No.200611/2021 as well as

W.P.No.202496/2022.

2. Learned Additional Government Advocate

appearing for respondents does not dispute the

proposition. Accordingly, the writ petition is allowed. The

impugned endorsement dated 01.03.2017 vide Annexure-F

is quashed.

3. The matter is remitted to the second

respondent - Deputy Commissioner to consider the case of

the petitioner afresh in accordance with law.

Sd/-

JUDGE

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