Sri Syed Younus Pasha vs The State Of Karnataka
2023 Latest Caselaw 250 Kant

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                                                        WP No. 18990 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. 18990 OF 2022 (GM-PDS)


                   BETWEEN:
                   1.    SRI. SYED YOUNUS PASHA
                         S/O LATE SYED SADIQ PASHA
                         AGED ABOUT 31 YEARS,
                         R/AT WARD NO.9,
                         BEHIND MANASA HOSPITAL,
                         MARUTHI EXTENSION, MALUR,
                         KOLAR DISTRICT-563 130.
                                                               ...PETITIONER
                   (BY SRI. NAGARAJ N. NAIDU, ADVOCATE)


                   AND:
                   1.    THE STATE OF KARNATAKA
                         REPRESENTED BY ITS PRINCIPAL
                         SECRETARY,
                         FOOD AND CIVIL SUPPLIES AND
Digitally signed
by PADMAVATHI            LEGAL METROLOGY DEPARTMENT,
BK                       VIKASA SOUDHA,
Location: HIGH
COURT OF                 BANGALORE-560 001.
KARNATAKA
                   2.    THE DEPUTY DIRECTOR
                         FOOD AND CIVIL SUPPLIES,
                         BANGALORE URBAN DISTRICT,
                         BANGALORE-560 009.
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                                         WP No. 18990 of 2022




3.    THE TAHASILDAR
      BANGALORE NORTH TALUK,
      BANGALORE-560 009.
                                               ...RESPONDENTS
(BY SRI. M. VINOD KUMAR, AGA)


       THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT DATED 06.05.2022
ISSUED BY R2 IN HIS NO.GA(NA)AA.NYA BE PRA(U)CG-
02.2022.23 PRODUCED ANNEXURE-D AND ETC.,

       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

                              ORDER

The petitioner is before this Court calling in question an

endorsement dated 06.05.2022, by which, the application of

the petitioner seeking transfer of authorization on

compassionate grounds comes to be rejected.

2. Heard Sri. Nagaraj N. Naidu, learned counsel

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

appearing for the respondents and have perused the material

on record.

WP No. 18990 of 2022

3. Learned counsel, Sri. Nagaraj N. Naidu, 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 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

WP No. 18990 of 2022

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."

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.

WP No. 18990 of 2022

II. The endorsement dated 06.05.2022 stands

quashed.

III. Respondent No.2 is directed to reconsider the

application of the petitioner bearing in mind the

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