Karnataka High Court
Smt. Shivamma vs State Of Karnataka on 26 July, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:25912
WP No. 15104 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 15104 OF 2023 (GM-PDS)
BETWEEN:
SMT. SHIVAMMA,
AGED ABOUT 58 YEARS,
W/O LATE M E PUTTANAGU,
RESIDENT OF MALAGALALE
VILLAGE AND POST, HOSKOTE HOBLI,
ALUR TALUK, HASSAN DISTRICT.
...PETITIONER
(BY SRI. SHIVARAMU H C.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
Digitally GROUND FLOOR, VIKAS SOUDHA,
signed by BANGALORE 560 001.
CHETAN B C
Location: 2. THE DEPUTY DIRECTOR OF
HIGH COURT FOOD & CIVIL SUPPLIES
OF
KARNATAKA HASSAN DISTRICT, HASSAN 573 129.
3. THE THASILDAR,
ALUR TALUK,
HASSAN DISTRICT 573 129.
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
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NC: 2023:KHC:25912
WP No. 15104 of 2023
ENDORSEMENT DTD 23/06/2023 ISSUED BY THE R-2 IN NO.
J1,AA,HAA/CR-01/2023-24 AT ANNEXURE-B AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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.
NC: 2023:KHC:25912
WP No. 15104 of 2023
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 23.06.2023 at
Annexure-B is quashed; second respondent is directed to
consider the petitioner's application without reference to
age and qualification.
NC: 2023:KHC:25912
WP No. 15104 of 2023
Time for compliance is two months.
No costs.
Sd/-
JUDGE
cbc
