N P Panchalingaiah vs State Of Karnataka
2023 Latest Caselaw 236 Kant

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                                                            WP No. 24467 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                              DATED THIS THE 4TH DAY OF JANUARY, 2023
                                               BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                             WRIT PETITION NO. 24467 OF 2022 (GM-PDS)


                      BETWEEN:
                      1.    N.P. PANCHALINGAIAH
                            AGED ABOUT 37 YEARS
                            S/O LATE N.D. PANCHAIAH,
                            RESIDENT OF NEELASANDRA
                            VILLAGE, HULIYUR DURGA HOBLI,
                            KUNIGAL TALUK,
                            TUMKUR DISTRICT -572 123.
                                                                   ...PETITIONER
                      (BY SRI. SHIVARAMU H.C., ADVOCATE)


                      AND:
                      1.    STATE OF KARNATAKA
                            REPRESENTED BY ITS PRINCIPAL
                            SECRETARY TO GOVERNMENT,
                            DEPARTMENT OF FOOD AND CIVIL
Digitally signed by         SUPPLIES, VIKAS SOUDHA,
PADMAVATHI B K              DR. B. R. AMBEDKAR VEEDHI,
Location: HIGH
COURT OF                    BENGALURU-560 001.
KARNATAKA
                      2.    THE JOINT DIRECTOR OF
                            FOOD AND CIVIL SUPPLIES,
                            WARD NO.18, TUMKUR-572101.
                                                                 ...RESPONDENTS
                      (BY SRI. M.VINOD KUMAR, AGA)
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                                                 WP No. 24467 of 2022




      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT DTD 21.11.2022 ISSUED BY THE R2
IN NO.FSD/FPD/CR/105/2022-23 AT ANNEXURE-B AND ETC.,

      THIS    PETITION,        COMING       ON    FOR   PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                                ORDER

The petitioner is before this Court calling in question an

endorsement dated 21.11.2022, by which, the application of

the petitioner seeking transfer of authorization on

compassionate grounds comes to be rejected.

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

appearing for the petitioner, Sri. M. Vinod Kumar, learned AGA

appearing for the respondents and have perused the material

on record.

3. Learned counsel, Sri. H.C. Shivaramu, appearing for

the petitioner would submit that the endorsement comes about

on the ground that the age of the father was above 65 years at

the time when he died and therefore, the authorization cannot

WP No. 24467 of 2022

be transferred. This is held to be contrary to law by the

judgment rendered by a Co-ordinate Bench of this Court in

W.P.No.17048/2021 disposed on 20.09.2021, wherein it has

held as follows:

"The subject matter of this Writ Petition is substantially similar to the one in W.P.No.17131/2018 disposed off by a Co-ordinate Bench of this Court on 8.2.2019, copy whereof is at Annexure-F; at para Nos.9 & 10 of the order, said judgment reads as under:

"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 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 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."

WP No. 24467 of 2022

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 of on 11.12.1974, has held that the Court should treat like-cases alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigant as well, there being no derogatory circumstances.

In the above circumstances, this Writ Petition is allowed; impugned endorsement dated 03.09.2021 at Annexure-B is quashed; second respondent is directed to consider the petitioner's application without reference to age and qualification.

Time for compliance is two months. No costs."

(emphasis supplied)

4. In the light of the fact that the issue in the lis

stands covered to the orders passed by the Co-ordinate Bench

of this Court (supra), which is not disputed by the learned AGA,

I deem it appropriate to pass the following:

ORDER

I. The writ petition is allowed.

II. The endorsement dated 21.11.2022 stands

quashed.

III. Respondent No.2 is directed to reconsider the

application of the petitioner bearing in mind the

WP No. 24467 of 2022

observations in the course of the order within 12

weeks from the date of receipt of a copy of this

order, if not already issued.

IV. The representation of the petitioner would be

considered in the course of the order within 12

weeks and appropriate orders shall be passed only

if the same is not allotted to any other person as on

date.

Sd/-

JUDGE

JY