Sri Suresh Kumar N P vs The State Of Karnataka
2023 Latest Caselaw 796 Kant

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                                                         WP No. 24666 of 2022




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 12TH DAY OF JANUARY, 2023
                                             BEFORE
                           THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                           WRIT PETITION NO. 24666 OF 2022 (GM-PDS)


                   BETWEEN:
                   1.     SRI. SURESH KUMAR N. P.
                          S/O LATE PUSHPARAJ N.
                          AGED ABOUT 39 YEARS,
                          R/O OPPOSITE, CHETHANA NURSING HOME,
                          VIJAYAPURA, CHIKKAMAGALURU-577 101.
                                                                 ...PETITIONER
                   (BY SRI. SURENDRA Y.S., ADVOCATE)


                   AND:
                   1.     THE STATE OF KARNATAKA
                          REP. BY SECRETARY TO GOVERNMENT,
                          DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
                          CONSUMER AFFAIRS AND
                          LEGAL METROLOGY DEPARTMENT,
                          M.S. BUILDING, DR. B.R.AMBEDKAR VEEDHI
                          BANGALORE-560 001.
Digitally signed by
PADMAVATHI B K
Location: HIGH      2.    THE COMMISSIONER
COURT OF
KARNATAKA                 FOOD AND CIVIL SUPPLIES,
                          MARKETING FEDERATION BUILDING,
                          CUNNINGHAM ROAD,
                          BANGALORE-560 052.

                   3.     THE DEPUTY COMMISSIONER
                          (FOOD AND CIVIL SUPPLIED AND
                                -2-
                                         WP No. 24666 of 2022




      CONSUMER AFFAIRS SECTION)
      CHIKKAMAGALURU DISTRICT
      CHIKKAMAGALURU-577 101.

4.    THE DEPUTY DIRECTOR
      FOOD AND CIVIL SUPPLIES
      AND CONSUMER AFFAIRS,
      CHIKKAMAGALURU DISTRICT,
      CHIKKAMAGALURU-577 101.
                                               ...RESPONDENTS
(BY SRI. N. KUMAR, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT DATED 26.07.2022 PASSED IN
SAM. AANAASA, NYA.BE.AAM,PRA,CR,11,2022-23, PASSED BY
THE DEPUTY DIRECTOR, FOOD , (CIVIL SUPPLIES AND
CONSUMER     AFFAIRS)   CHIKKAMAGALURU       DISTRICT,
CHIKKAMAGALURU, VIDE ANNEXURE- E; 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 26.07.2022, by which, the application of

the petitioner seeking transfer of authorization on

compassionate grounds comes to be rejected.

WP No. 24666 of 2022

2. Heard Sri. Surendra Y.B., learned counsel appearing

for the petitioner, Sri. N. Kumar, learned AGA appearing for the

respondents and have perused the material on record.

3. Learned counsel, Sri. Surendra Y.B, 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

WP No. 24666 of 2022

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 & 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

WP No. 24666 of 2022

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 26.07.2022 stands

quashed.

III. Respondent No.4 is directed to reconsider the

application of the petitioner bearing in mind the

observations made in the course of the order,

within 12 weeks from the date of receipt of a copy

of this order and appropriate orders shall be

passed, only if the same is not allotted to any other

person as on date.

Sd/-

JUDGE

JY