Karnataka High Court
Sri Shivakumar vs The State Of Karnataka on 15 November, 2023
Bench: M.Nagaprasanna
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NC: 2023:KHC:40702
WP No. 24465 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 24465 OF 2023 (GM-PDS)
BETWEEN:
SRI. SHIVAKUMAR,
S/O LATE K. KOTESHWARA,
AGED ABOUT 37 YEARS,
R/A KODIYALA VILLAGE,
KODIYALAKARENAHALLI POST,
BIDADI HOBLI,
RAMANAGARA TALUK AND DISTRICT - 562 109.
...PETITIONER
(BY SRI. BOREGOWDA D, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
Digitally signed DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
by PADMAVATHI
BK GROUND FLOOR, VIKAS SOUDHA
Location: HIGH BENGALURU - 560 001.
COURT OF
KARNATAKA
2. THE DEPUTY DIRECTOR OF
FOOD AND CIVIL SUPPLIES,
RAMANAGARA DISTRICT,
RAMANAGARA - 562 119.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE
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NC: 2023:KHC:40702
WP No. 24465 of 2023
ENDORSEMENT DATED 08/09/2023 ISSUED BY THE R2 IN NO.
RA JI /FOOD/ ANUKAMPA /20/2023-24 AT ANNEXURE-C AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Boregowda D., learned counsel appearing for
the petitioner and Sri. Shamanth Naik, the learned HCGP
appearing for the respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
"i. Issue a writ of certiorari or similar writ or order or
direction to quash the endorsement dated:08-09-
2023 issued by the second respondent in No.: RA
JI / Food/Anukampa / 20/2023-24 at Annexure-C.
ii. Issue writ of mandamus to the respondent No.2 to
consider the application dated:18-05-2023
produced at Annexure-B for transfer of
authorization on compassionate ground in terms of
the order dated:17-01-2023 passed in
W.P.No.263/2023 and order dated:02-06-2023
passed in W.P.No.6458/2023 at Annexure D and
E.
iii. For any other relief/s as this Hon'ble Court deems
fit to grant in the facts of circumstance of the case
in the interest of Justice and equity..
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WP No. 24465 of 2023
3. Learned counsel, Sri. Boregowda D., 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 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."
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WP No. 24465 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
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.
II. The endorsement dated 08.09.2023 stands
quashed.
III. Respondent No.2 is directed to reconsider the
application of the petitioner bearing in mind the
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WP No. 24465 of 2023
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
CT: BHK
