Smt Roopa D vs State Of Karnataka
2023 Latest Caselaw 6814 Kant

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                                                          NC: 2023:KHC:35072
                                                       WP No. 21555 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 26TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                         THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                        WRIT PETITION NO. 21555 OF 2023 (GM-PDS)

                   BETWEEN:

                   SMT. ROOPA D,
                   AGED ABOUT 40 YEARS,
                   D/O LATE D DEVARAJU,
                   RESIDENT OF SINGANALLUR
                   VILLAGE AND POST,
                   KOLLEGAL TALUK,
                   CHAMRAJANAGAR DISTRICT - 571 443.
                                                               ...PETITIONER
                   (BY SRI. SHIVARAMU H C.,ADVOCATE)

                   AND:

                   1.    STATE OF KARNATAKA
                         REPRESENTED BY ITS
Digitally signed         PRINCIPAL SECRETARY,
by SHARADA               DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
VANI B                   GROUND FLOOR, VIKAS SOUDHA,
Location: HIGH           BANGALORE 560 001.
COURT OF
KARNATAKA
                   2.    THE DEPUTY DIRECTOR OF FOOD & CIVIL SUPPLIES
                         CHAMARAJANAGAR DISTRICT,
                         CHAMARAJANAGAR 571 313.

                   3.    THE THASILDAR
                         KOLLEGAL TALUK,
                         KOLLEGAL 571 440.
                         CHAMARAJNAGAR DISTRICT.
                                                             ...RESPONDENTS
                   (BY MS.NILOUFER AKBAR., AGA)
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                                             NC: 2023:KHC:35072
                                         WP No. 21555 of 2023



      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO I) QUASH THE
ENDORSEMENT DATED 12/09/2023 ISSUED BY THE R2 IN HIS
ORDER NO. SA V PA/CR/06/2020-21 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.51361/2019

(GM-PDS) between SMT. G.V.HEMAVATHI & ANOTHER vs

THE STATE OF KARNATAKA & ANOTHER, disposed off by

this Court on 24.08.2022. operative portion of the said

judgment reads as under:

"In the above circumstances, this writ petition succeeds; a Writ of Certiorari issues quashing the impugned endorsement; matter is remitted to the 2nd respondent - joint Director for consideration afresh for according transfer of authorization to the petitioner if she is otherwise eligible, regardless of her marriage.

Time for compliance is eight weeks.

No costs."

2. Learned counsel for the Petitioner presses into

service 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

NC: 2023:KHC:35072 WP No. 21555 of 2023

disposed of on 11.12.1974, has held that the Court should

treat the like-cases alike and if relief is granted to a

litigant it has to be extended to a similarly circumstanced

litigant as well, there being no derogatory circumstances.

There is force in this submission.

In view of the above, circumstances, this Writ

Petition is allowed; a Writ of Certiorari issues quashing the

impugned Endorsement dated 12.09.2023; a Writ of

Mandamus issues to consider Petitioner's Application dated

14.10.2022 in accordance with law.

Time for compliance is eight weeks.

All contentions are kept open for considering the

subject Application.

No costs.

Sd/-

JUDGE

Bsv