Allowed

Venkateshappa v. State of Karnataka

Karnataka HC8 Jan 2021WP/206/2021

Case brief

AI extract

What is this about?

Writ petitioner sought authorization for PDS deal on compassionate grounds after respondent failed to act and indicated rejection. Court directed respondent to reconsider application fresh without age or education requirements based on prior precedent.

What did the court decide?

Respondent No.3 directed to consider the application dated 23.10.2020 afresh in terms of the order dated 08.02.2019 without the previously held restrictions.

Venkateshappa Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.206/2021 (GM-PDS)

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BETWEEN:

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Venkateshappa, Aged about 40 years, Adopted son of Laxmana Bovi, R/o. Donimadagu Village, Kamasamudra Hobli, Bangarpet Taluk, Kolar District

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... PETITIONER

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(BY SRI H.C. SHIVARAMU, ADVOCATE)

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AND :

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State of Karnataka, Represented by its Principal Secretary to Government. Department of Food and Civil Supplies, Vikas Soudha, Dr. B.R. Ambedkar Veedhi, Bangalore-560 001

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The Deputy Commissioner (Food) Kolar District, Kolar.

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The Deputy Director of Food and Civil Supplies, Kolar District, Kolar.

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The Thasildar, Bangarpet Taluk, Bangarpet, Kolar District.

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... RESPONDENTS

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(BY SMT. H.C. KAVITHA, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT TO R3 TO CONSIDER THE APPLICATION DATED 23.10.2020 RECEIVED ON 05.11.2020 PRODUCED AT ANNEXURE-A1 FOR GRANT OF AUTHORIZATION OF COMPASSIONATE GROUND IN TERMS OF THE ORDER DATED 08.02.2019 PASSED IN W.P. NO.17131/2018 AND THE ORDER DATED 11.10.2019 PASSED IN W.P. NO.1139/2019 PRODUCED AT ANNEXURES - B AND C FOR GRANT OF AUTHORIZATION ON COMPASSIONATE GROUND NOTWITHSTANDING THE ISSUANCE OF ENDORSEMENT.

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

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ORDER

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Petitioner has made an application on 23.10.2020 before the 3^rd respondent for consideration of his case for grant of PDS authorization on compassionate grounds.

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Since, respondent No.3 failed to take any action to consider the said application and orally informed the petitioner that the application would be rejected, he is before this Court seeking appropriate relief in terms of the order passed in the identical writ petition Nos.17131/2018 dated 08.02.2019 produced at Annexure-B.

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Learned Advocate for the petitioner and learned HCGP for the respondents jointly submit that while considering an application for transfer of authorization under the Karnataka Essential Commodities (PDS) Control Order, 2016, on compassionate ground, this Court in W.P.No.17131/2018 decided on 08.02.2019 has held two conditions namely, applicant ought to have passed SSLC and there shall be restriction with regard to the age, as untenable.

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In the circumstances, this writ petition is allowed. Respondent No.3 directed to consider the application dated 23.10.2020 produced at Annexure – A1 afresh in terms of order dated 08.02.2019 at Annexure – B passed by this

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Court in WP Nos.17131/2018, within eight weeks from the date of receipt of a copy of this order.

No costs.

Sd/-

JUDGE

SBS*

Venkateshappa v. State of Karnataka

Case brief

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Venkateshappa v. State of Karnataka

Case brief

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