A S Rajesh vs State Of Karnataka
2023 Latest Caselaw 2873 Kant

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                                                      WP No.11018 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF JUNE, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                      WRIT PETITION NO.11018 OF 2023(GM-PDS)

                   BETWEEN:

                   A S RAJESH,
                   AGED ABOUT 43 YEARS,
                   S/O LATE M S SOMEGOWDA,
                   R/O AGASANA HUNDI VILLAGE,
                   METIKUPPE POST, H D KOTE TALUK,
                   MYSORE DISTRICT - 570 012.
                                                                ...PETITIONER
                   (BY SRI.H C SHIVARAMU, ADVOCATE)

                   AND:

                   1. STATE OF KARNATAKA,
                      REPRESENTED BY ITS PRINCIPAL SECRETARY,
                      DEPARTMENT OF FOOD & CIVIL SUPPLIES,
Digitally signed      GrOUND FLOOR, VIKASA SOUDHA,
by SHARADA            BANGALORE - 560 001.
VANI B
Location: HIGH
COURT OF           2. THE JOINT DIRECTOR FOR
KARNATAKA             FOOD & CIVIL SUPPLIES,
                      MYSORE DISTRICT, MYSORE - 570 012.
                                                           ...RESPONDENTS
                   (BY SMT.NAVYA SHEKHAR., AGA)

                        THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
                   THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
                   ENDORSEMENT DATED 17.04.2023 ISSUED BY THE R2 IN
                   NO.FPS/HDK/ANUKAMPA/01/2022.23 AT ANNX-B AND ETC.,

                        THIS PETITION COMING ON FOR PRELIMINARY HEARING
                   THIS DAY, THE COURT MADE THE FOLLOWING:
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                                         WP No.11018 of 2023




                           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.

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.11018 of 2023

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 17.04.2023 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.

Sd/-

JUDGE

cbc