Karnataka High Court
Sri Atikoor Rahaman vs The State Of Karnataka on 2 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:25155
WP No. 10045 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.10045 OF 2024 (GM-PDS)
BETWEEN:
SRI ATIKOOR RAHAMAN
S/O LATE ATHAULLA G
AGED ABOUT 33 YEARS
R/AT NO.390, PAPANNA BUILDING
NEAR DOMENIC SCHOOL
GOVINDAPURA
BANGALORE SOUTH TALUK
BANGALORE - 560 045.
...PETITIONER
(BY SRI. NAGARAJA N NAIDU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
FOOD AND CIVIL SUPPLIES AND
LEGAL METROLOGY DEPARTMENT,
VIKASA SOUDHA
Digitally signed BANGALORE - 560 001.
by Vandana S
Location: HIGH
COURT OF 2. THE DEPUTY DIRECTOR
KARNATAKA FOOD AND CIVIL SUPPLIES DEPARTMENT,
BANGALORE SOUTH RANGE,
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ENDORSEMENT DATED 02/03/2024 MADE IN NO. U NI (KE)DRA/43
/2016-17 PASSED BY THE R2 PRODUCED ANNEXURE-D AND ETC.,
-2-
NC: 2024:KHC:25155
WP No. 10045 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
(i) Issue writ of certiorari or similar writ, order or
direction to quash the impugned endorsement dated 02.03.2024
made in No.U Ni (Ke) DRA / 43 / 2016-17 passed by the 2nd
respondent produced at Annexure - D;
(ii) Issue a writ, order or direction in the nature of writ
of mandamus directing the respondents to consider the
representation made by the petitioner on 13.02.2024 to the 2nd
respondent vide Annexure 'C';
(iii) Pass such other relief or reliefs as this Hon'ble
Authority deems fit to grant under the facts and circumstances of
the case, in the interest of justice and equity."
2. Heard learned counsel for the petitioner and learned
counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged
in the petition and referring to the material on record, learned
counsel for the petitioner submits that the issue in controversy
involved in the present petition is directly and squarely covered by
the judgment of the Co-ordinate Bench of this Court as per
Sri.Syed Younus Pasha Vs. The State of Karnataka and others
- W.P.No.18990/2022 dated 04.01.2023 vide Annexure - F and
NC: 2024:KHC:25155
Sri.Baskar P. Vs. State of Karnataka and others -
W.P.No.2077/2023 vide Annexure - G. It is therefore submitted
that the present petition also deserves to be disposed of in terms of
the aforesaid orders.
4. The said submission is placed on record.
5. A perusal of the material on record will clearly indicate
that the issued involved in the present petition is directly and
squarely covered by the two judgments of the Co-ordinate Bench of
this Court as stated supra and the present petition also deserves to
be disposed of in accordance with law.
6. In the result, I pass the following
ORDER
(i) The petition is hereby allowed.
(ii) The impugned endorsement at Annexure - D
dated 02.03.2024 issued by 2nd respondent is hereby
quashed.
(iii) Respondent No.2 is directed to reconsider the
application of the petitioner bearing in mind the observations
NC: 2024:KHC:25155
made in the course of the order, within 12 weeks from the
date of receipt of a copy of this order and appropriate orders
shall be passed, only if the same is not allotted to any other
person as on date.
Sd/-
JUDGE
SV
