Karnataka High Court
Sri.K.R.Gangadarappa vs State Of Karnataka on 6 October, 2023
Bench: R Devdas
-1-
NC: 2023:KHC:36272
WP No. 6029 of 2022
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. 6029 OF 2022 (GM-PDS)
BETWEEN:
SRI.K.R.GANGADARAPPA,
S/O LATE RAMAPPA,
AGED ABOUT 51 YEARS,
R/AT D. KAREHALLI VILLGE,
DEVANURU POST,
SAKKARAYAPATNA HOBLI,
KADUR RURAL,
CHIKKAMANGALURU - 577 548.
...PETITIONER
(BY SRI. KESHAVA MURTHY M., ADVOCATE)
AND:
Digitally signed by
JUANITA THEJESWINI
1. STATE OF KARNATAKA,
Location: HIGH BY ITS SECRETARY TO GOVT
COURT OF
KARNATAKA DEPT OF FOOD,
CIVIL SUPPLIES
CONSUMER AFFAIRS,
AND LEGAL METROLOGY DEPT,
M S BUILDING,
BANGALORE - 560001.
2. THE DEPUTY DIRECTOR
DEPT OF FOOD
CIVIL SUPPLIES
CONSUMER AFFAIRS
CHIKKAMANGALURU DIST
CHIKKAMANGALURU -577548
-2-
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WP No. 6029 of 2022
3. THE TAHASILDAR,
CHIKKAMANGALURU,
CHIKKAMANGALURU DIST,
CHIKKAMANGALURU - 577548.
...RESPONDENTS
(BY SRI. RAJENDRA K.R., AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT ORDER DATED:18.09.2021 PASSED BY THE R-
2 VIDE ANNEXURE-D AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, 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.
2. Learned counsel Sri.Keshava Murthy M, 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
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WP No. 6029 of 2022
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 75 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
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 18.09.2021 at Annexure-D issued by
respondent No.2-Deputy Director of Food and Civil Supplies,
Chikkamangaluru District, is hereby quashed and set aside.
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WP No. 6029 of 2022
Respondent No.2 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
