Basavaraju V C vs State Of Karnataka
2023 Latest Caselaw 55 Kant

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                                                            WP No. 24975 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 2ND DAY OF JANUARY, 2023

                                               BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                             WRIT PETITION NO. 24975 OF 2022 (GM-PDS)
                      BETWEEN:

                      1.    BASAVARAJU V. C.,
                            AGED ABOUT 34 YEARS,
                            S/O LATE CHIKKEGOWDA,
                            RESIDING AT NO.69, MAIN ROAD,
                            VARAKODU, VARUNA HOBLI,
                            MYSORE - 570 010.

                                                                   ...PETITIONER

                      (BY SRI. SHIVARAMU H C.,ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA,
                            REPRESENTED BY ITS
                            PRINCIPAL SECRETARY TO GOVERNMENT,
                            DEPARTMENT OF FOOD AND
Digitally signed by         CIVIL SUPPLIES,
PADMAVATHI B K
                            VIKAS SOUDHA,
Location: HIGH
COURT OF                    DR. B.R.AMBEDKAR VEEDHI,
KARNATAKA
                            BENGALURU - 560 001.

                      2.    THE DEPUTY COMMISSIONER FOR
                            FOOD AND CIVIL SUPPLIES,
                            MYSORE DISTRICT,
                            MYSORE - 570 008.
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                                                    WP No. 24975 of 2022




3.   THE JOINT DIRECTOR OF FOOD
     AND CIVIL SUPPLIES,
     MYSORE DISTRICT,
     MYSORE - 570 008.

                                                            ...RESPONDENTS

(BY SRI.M.VINOD KUMAR, AGA)

        THIS   WP      IS   FILED      UNDER   ARTICLE       226   OF   THE
CONSTITUTION           OF      INDIA     PRAYING       TO    QUASH      THE
ENDORSEMENT             DATED          30.07.2021      IN      NO.JA     NI
MY/FPS/ANUKAMPA/MY THA/02/2021-22 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 30.07.2021 declining to accept the transfer

of authorization of the petitioner on compassionate grounds on

the score that the petitioner does not have a qualification of

10th standard as is required in law.

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

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

WP No. 24975 of 2022

appearing for the respondents and have perused the material

on record.

3. This Court in an identical circumstance has passed

the following order in W.P.No.17048/2021 disposed on

20.09.2021, which reads 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."

2. The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA &

WP No. 24975 of 2022

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."

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 30.07.2021 stands

quashed.

III. Respondent No.3 is directed to reconsider the

application of the petitioner bearing in mind the

observations made in the course of the order within

WP No. 24975 of 2022

12 weeks from the date of receipt of a copy of this

order, if not already issued.

Sd/-

JUDGE

SJK