Raghavendra H V vs The State Of Karnataka
2023 Latest Caselaw 7063 Kant

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                                                         NC: 2023:KHC:36273
                                                      WP No. 11280 of 2023




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                           BEFORE
                             THE HON'BLE MR JUSTICE R DEVDAS
                         WRIT PETITION NO. 11280 OF 2023 (GM-PDS)

                  BETWEEN:

                  RAGHAVENDRA H V
                  S/O LATE H. VENKATESH
                  AGED ABOUT 36 YEARS,
                  R/AT HARALAKERE VILLAGE,
                  SEEGEHALLI POST,
                  MAYASANDRA HOBLI,
                  TURUVEKERE TALUK,
                  TUMAKURU DISTRICT-572213
                                                                ...PETITIONER
                  (BY SRI. RAMESH K R., ADVOCATE)

                  AND:

                  1.    THE STATE OF KARNATAKA
Digitally signed by     REPTD. BY ITS SECRETARY,
JUANITA THEJESWINI
Location: HIGH          DEPARTMENT OF FOOD AND CIVIL SUPPLIES
COURT OF
KARNATAKA               AND CONSUMER AFFAIRS,
                        VIKASA SOUDHA, VIDHANA VEEDI,
                        BENGALURU-560 001.

                  2.    THE DEPUTY COMMISSIONER,
                        TUMAKURU DISTRICT,
                        TUMAKURU - 572101

                  3.    THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES
                        AND CONSUMER AFFAIRS
                        TUMAKURU DISTRICT, OFFICE OF THE DEPUTY
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                                                  NC: 2023:KHC:36273
                                             WP No. 11280 of 2023




      COMMISSIONER,
      TUMAKURU DISTRICT,
      TUMAKURU-572101.

4.    THE TAHSILDAR,
      TURUVEKERE TALUK,
      TURUVEKERE,
      TUMAKURU DISTRICT-572213
                                                     ...RESPONDENTS
(BY SRI. RAJENDRA K.R., ADVOCATE)

       THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED      ORDER       DATED:11.05.2023              BEARING   NO.
FSD/FPD/CR64/1994-95 AT ANNEXURE-F ISSUED BY THE R3
AND    THEREBY     DIRECT    THE       R3    TO    ISSUE     LICENSE/
AUTHORIZATION       TO    RUN    THE        FPD    AT     ITTIGEHALLI,
TURUVEKERE        TALUK,        TUMAKURU            DISTRICT       ON
COMPASSIONATE GROUNDS IN FAVOUR OF THE PETITIONER
AND ETC.,

       THIS   PETITION,     COMING      ON        FOR     PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

R.DEVDAS J., (ORAL):

Learned Additional Government Advocate is directed to

take notice for all the respondents.

NC: 2023:KHC:36273 WP No. 11280 of 2023

2. Learned counsel Sri.K.R.Ramesh, appearing for the

petitioner submits that the issue stands covered by several

judgments of this Court, including the judgment of the Division

Bench. The question as to whether the education qualification

and age of the person who held the authorization could be

made applicable in the case of the grant or extension of the

authorization on compassionate grounds. Learned counsel

draws the attention of this Court to a decision of a

Co-ordinate Bench in the case of Sri. A.S.Manjunatha Vs.

State of Karnataka and others in W.P.No.8095/2022

dated 22.11.2022, wherein the age of the father who earlier

held the authorization was also 72 years when he died and this

Court held, having regard to the several decisions held that the

requirement with regard to having passed SSLC and age

restriction is not applicable when the transfer of authorization is

sought on compassionate grounds. The learned counsel prays

for similar relief.

3. Having regard to a decision in the case of

Smt.Pushpa Vs. The Principal Secretary and Others in

W.P.No.17131/2018 (GM-PDS), which was decided on

NC: 2023:KHC:36273 WP No. 11280 of 2023

08.02.2019 wherein such impugned endorsements were set

aside and the competent authority was directed to reconsider

the application, this writ petition is allowed. The impugned

endorsement dated 11.05.2023 at Annexure-F issued by

respondent No.3-Joint Director of Food and Civil Supplies,

Tumakuru District, is hereby quashed and set aside.

Respondent No.3 is hereby directed to reconsider the

application of the petitioner and pass necessary orders as

expeditiously as possible and at any rate within a period of four

weeks from the date of receipt of a copy of this order.

Ordered accordingly.

Sd/-

JUDGE

rv