Allowed

Sri Nityananda Shenoy v. State of Karnataka

Karnataka HC21 Dec 2021WP/23575/2021

Case brief

AI extract

What is this about?

This is a writ petition under Article 226 seeking quashing of an endorsement regarding PDS authorization transfer. The Court held the subject matter was covered by a coordinate bench, citing the principle of treating like cases alike. The petition was allowed, the impugned order quashed, and the Deputy Director directed to reconsider the application within two months.

What did the court decide?

The impugned order at Annexure-A is set at naught, and respondent No.3 is directed to consider the application and inform the petitioner of the result within two months.

Sri Nityananda Shenoy Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST 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.23575 OF 2021 (GM-PDS)

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BETWEEN:

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SRI. NITYANANDA SHENOY AGED ABOUT 54 YEARS, S/O LATE SRI. RAMAKRISHNA SHENOY, R/O 1-123, "DURGA PRASAD", NEAR OLD AIRPORT, MALAVOOR GRAMA, BAJPE POST, BANGALORE - 574 142.

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…PETITIONER

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(BY SRI. VARUN GOWDA, ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER (FOOD), DAKSHINA KARNATAKA DISTRICT, MANGALORE TALUK - 574 142.

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DEPUTY DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, DAKSHINA KARNATAKA DISTRICT, MANGALORE TALUK - 574 142.

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TAHSILDAR, DAKSHINA KARNATAKA DISTRICT, MANGALORE TALUK - 574 142.

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…RESPONDENTS

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(BY SRI. VINOD KUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 16.10.2020 ISSUED BY THE R3 AT

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ANNEXURE-A AND ISSUE WRIT TO THE R3 TO FRESHLY CONSIDER THE APPLICATION FOR TRANSFER OF AUTHORIZATION OF THE PETITIONER DATED 16.09.2020 ANNEXURE-C IN TERMS OF THE ORDER DATED 14.09.2021 PASSED BY THE HONBLE COURT IN WP NO.12139/2021 AT ANNEXURE-F FORTHWITH.

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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 of this Writ Petition is substantially covered by the decision of a Co-ordinate Bench of this Court

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in W.P.No.17131/2018 (GM-PDS) between SMT. PUSHPA Vs. THE PRINCIPAL SECRETARY TO GOVERENMENT OF

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KARNATAKA & ORS , disposed off on 14.06.2017, a copy of the said judgment is at Annexure-E.

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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 COMMISSIONER &

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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 the above circumstances, this writ petition is allowed; impugned order at Annexure-A is set at naught; a direction issues to respondent No.3 to consider the application at

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Annexure-C and inform the petitioner the result of such

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consideration thereof within two months.

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Costs made easy.

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Sd/JUDGE

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