Allowed

C B Ramesh v. the State of Karnataka

Karnataka HC5 Feb 2021WP/2364/2021

Case brief

AI extract

What is this about?

This is a preliminary hearing in a writ petition seeking to quash an endorsement regarding the transfer of authorization under the Karnataka PDS Order. The court relied on a prior judgment setting aside age and SSLC restrictions and allowed the petition.

What did the court decide?

The endorsement dated 25.01.2021 is quashed. Respondent No.4 to consider the petitioner's request within eight weeks.

C B Ramesh Vs the 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.2364 OF 2021 (GM-PDS)

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BETWEEN :

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C.B. RAMESH S/O BASAVAIAH AGED ABOUT 45 YEARS RESIDING AT NO.179 CHOTTANAHALLI MALAVALLY TALUK MANDYA-571 430 …PETITIONER

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(BY SHRI. B.S. JEEVAN KUMAR, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENTOF FOOD AND CIVIL SUPPLIES DEPARTMENT OF CONSUMER AFFAIRS AND LEGAL METROLOGY M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU-560 001

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THE COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES, MARKETING FEDERATION BUILDING CUNNINGHAM ROAD BENGALURU-560 052

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THE DEPUTY COMMISSIONER FOOD AND CIVL SUPPLIES AND CONSUMER AFFAIRS SECTION MANDYA DISTRICT MANDYA-571 401

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THE JOINT DIRECTOR FOOD AND CIVL SUPPLIES AND CONSUMER AFFAIRS MANDYA DISTRICT MANDYA-571 401 ... RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 25.01.2021 PASSED BY RESPONDENT NO.4 ANNEXURE-D TO THE WRIT PETITION.

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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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