Allowed

Bharath Kumar B v. Vs State of Karnataka

Karnataka HC4 Dec 2021WP/22175/2021

Case brief

AI extract

What is this about?

This single judge writ petition sought to quash an order denying food authorization to the petitioner despite being over the age limit by treating the age criteria as directory. The Court, relying on precedent, quashed the order and directed the authorities to reconsider the petition within eight weeks.

What did the court decide?

Writ of Certiorari quashing impugned order dated 10.11.2021; direction to respondent to consider representation within eight weeks.

Bharath Kumar B v 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 4^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.22175 OF 2021 (GM-PDS)

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BETWEEN:

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BHARATH KUMAR B.V. AGED ABOUT 28 YEARS S/O LATE VEERABHADRA REDDY R/AT HOUSE NO.1, BALTHAMARI SRINIVASAPUR, KOLAR KARNATAKA – 563 134 … PETITIONER

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(BY SRI.ROHAN VEERANNA TIGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA BENGALURU, KARNATAKA – 560 001 (REPRESENTED BY THE COMMISSIONER FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT)

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DEPUTY DIRECTOR, KOLAR DISTRICT FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, KOLAR KARNATAKA – 563 122 … RESPONDENTS

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(BY SRI.VINOD KUMAR M., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.11.2021 ISSUED BY R2 (ANNEXURE-A); DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED

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23.08.2021 (ANNEXURE-K) AND ISSUE TRANSFER OF AUTHORIZATION UNDER RULE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER OR ANY SUBSEQUENT NOTIFICATION THERETO BY TREATING AGE CRITERIA IN THE SAID ORDER AS DIRECTORY AND NOT MANDATORY.

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

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ORDER

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The subject matter is substantially covered by the decision of a Co-ordinate Bench of this Court in W.P.No.41523/2017 between SRI SHAILESH

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SHIVANAND DHARWADKAR vs. STATE AND OTHERS

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disposed off on 11.09.2017 wherein paragraph 3 reads as under:

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“ 3. In that view, the order dated 13.06.2017 and the communication dated 29.06.2017 impugned in this petition are quashed. A direction is issued to the third respondent to consider the application of the petitioner for approval of authorization on compassionate grounds and pass orders thereon as expeditiously as possible, but not later than six weeks from the date on which a copy of this order is furnished to the third respondent.”

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The Division Bench decision of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS

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COMMISSIONER & SECRETARY disposed off on 11.12.1974, it has been held that like cases should be treated alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigants, subject to all just exceptions.

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In that view of the matter, this writ petition succeeds; a Writ of Certiorari issues quashing the impugned order dated 10.11.2021, a copy whereof is at Annexure-A.

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A direction issues to the second respondent to consider the petitioner’s representation dated 23.08.2021 at

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Annexure-K within a period of eight weeks from the date a copy of this order is handed to him.

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All other contentions are kept open.

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No costs.

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Sd/JUDGE

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hkh.

Bharath Kumar B v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

Bharath Kumar B v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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