Allowed

Kumari Pushpalatha J N v. State of Karnataka

Karnataka HC5 Feb 2021WP/2260/2021

Case brief

AI extract

What is this about?

Court allowed this writ petition filed under Article 226 challenging an endorsement regarding PDS authorization transfer on compassionate grounds. The endorsement dated 29.01.2021 was quashed, directing the respondent to consider the petitioners request within eight weeks following the 2019 precedent.

What did the court decide?

Endorsement dated 29.01.2021 quashed; Respondent No.2 directed to consider petitioner's request within eight weeks.

Kumari Pushpalatha J N 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 5^TH DAY OF FEBRUARY, 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.2260 OF 2021 (GM-PDS)

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BETWEEN :

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KUMARI. PUSHPALATHA J.N D/O LATE J.R. NARAYANAREDDY AGED ABOUT 39 YEARS RESIDING AT JANAKALOTI VILLAGE AND POST I.D.HALLI HOBLI MADHUGIRI TALUK TUMKUR DISTRICT-572 124 …PETITIONER

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(BY SHRI. H.R. HARSHA KUMAR GOWDA, 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 VIKASA SOUDHA DR.B.R. AMBEDKAR VEEDHI BENGALURU-560 001

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THE JOINT DIRECTOR (FOOD) FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT 2^ND FLOOR, MINI VIDHANA SOUDHA TUMKUR DISTRICT TUMKUR-572 101

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THE DEPUTY COMMISSIONER (FOOD) DEPARTMENT OF FOOD AND CIVIL SUPPLIES TUMKURU DISTRICT TUMKUR-572 101

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THE TAHSILDAR MADHUGIRI TALUK

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MADHUGIRI-572 124 ... 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 QUASH THE ENDORSEMENT DATED 29.01.2021 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-D AND ETC.,

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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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Learned HCGP accepts notice for respondents.

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Learned advocate for petitioner and learned HCGP jointly submit that while considering a case with regard to application for transfer of authorization under the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, ('PDS Order' for short) on compassionate ground, this Court in Smt.Pushpa Vs. The Principal Secretary to Government of Karnataka & others¹ , has held that two conditions namely, that applicant ought to have passed SSLC and the restriction with regard to the age, as untenable.

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1 W.P.No.17131/2018 decided on 08.02.2019

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