Allowed

Sri. a. Veeranagouda S/O Late a Gavisiddanagouda v. the State of Karnataka

Karnataka HC24 Jan 2023WP/100334/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed an endorsement rejecting a Fair Price Shop license transfer application, holding age requirements under Rule 13 to be directory rather than mandatory, directing the authorities to transfer the license within two months.

What did the court decide?

Impugned endorsement dated 19.12.2022 quashed; license transferred from father's name to petitioner within two months.

Sri. a. Veeranagouda S/O Late a Gavisiddanagouda Vs… — Service and Employment | Karnataka HC (2023)

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WP No. 100334 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO. 100334/2023 (GM-PDS)

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BETWEEN:

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SRI. A. VEERANAGOUDA, S/O LATE A. GAVISIDDANAGOUDA, AGE: 36 YEARS, OCC: NIL, R/O UTTANUR, TAL: SIRUGUPPA, DIST: BALLARI-583120.

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PETITIONER

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(BY SRI. M.S.HARAVI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, M S BUILDING, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, GOOD AND CIVIL SUPPLIES DEPT., BALLARI, DIST: BALLARI-583101.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad

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THE JOINT DIRECTOR, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT BALLARI, DIST: BALLARI-583101.

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THE TAHASILDAR SIRUGUPPA, TAL SIRUGUPPA, DIST BALLARI-583101.

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RESPONDENTS

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(BY SRI PRASHANT V.MOGALI, 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 NO.ANAS-8/NYA.BE.AM/ANU/4/2022-23 DATED 1912-2022 ISSUED BY THE 3RD RESPONDENT AS PER ANNEXURE-F & ETC.

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WP No. 100334 of 2023

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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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In this writ petition, the petitioner has sought for the following reliefs:

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Issue writ, order or direction in the nature of certiorari to quash the endorsement No.ANAS8/NYA.BE.AM/ANU/4/2022-23 dated 19-12-2022 issued by the 3^rd respondent as per Annexure-F.

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Issue writ, order or direction in the nature of mandamus directing the respondent no.3 to transfer the authorization of fair price shop license in favour of the petitioner forthwith in respect of Uttanur village in Siruguppa taluka of Ballari district.

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Any other and further relief as this Hon’ble Court deems fit and just in the ends of justice.

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Heard learned counsel for the petitioner and learned HCGP for the respondents. Perused the material on record.

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In addition to reiterating the various contentions put forth in the memorandum of writ petition and referring to the documents produced by the petitioner, learned counsel for petitioner submits that the impugned endorsement at

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WP No. 100334 of 2023

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Annexure-F dated 19.12.2022 issued by the 3^rd respondent rejecting the application for transfer of license in the name of petitioner on the ground that his father died on 06.10.2022 is contrary to the decisions of this Court in the case of Sri. G.T. Nagaraj Vs. The State of Karnataka and others, W.P.No.100899/2021 dated 16.03.2021 wherein this Court has held that the said stipulation regarding age either of the petitioner or his father as per Rule 13 of the relevant Rules cannot be construed strictly so as to reject the application of the petitioner. It is therefore submitted that impugned endorsement at Annexure-E dated 07.09.2021 deserves to be quashed and respondent No.3 is directed to be transferred the licence.

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4. Per contra , learned HCGP on behalf of respondents submits that there is no merit in the petition and prayed for dismissal of the petition.

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As rightly contended by the learned counsel for the petitioner, in the aforesaid decisions in the case of Sri.G.T.Nagarja’s referred to supra this Court has held that merely because the age of either applicant or his/her deceased father do not satisfy the requirement of Rule 13, the said

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WP No. 100334 of 2023

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requirement is only directory and not mandatory and the same would not come in the way of the applicant seeking transfer of the license standing in the name of his deceased father to his name. Under these circumstances, applying law laid down by this Court in the aforesaid decision, I am of the view that the impugned endorsement at Annexure-E dated 07.09.2021 issued by the 3^rd respondent deserves to be quashed.

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In the result, I pass the following:

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ORDER

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i. The petition is allowed .

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ii. The impugned endorsement at Annexure-F dated 19.12.2022 issued by the 3^rd respondent is quashed.

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iii. Respondents/Authorities are directed to transfer the license standing in the name of petitioner’s father to the name of petitioner as requested in his representation in accordance with law within a period of two months from the date of receipt of a copy of this order.

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Subject to the aforesaid direction, writ petition stands allowed.

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SD JUDGE

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CLK / BVV List No.: 1 Sl No.: 58

Sri. a. Veeranagouda S/O Late a Gavisiddanagouda v. the State of Karnataka

Case brief

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Sri. a. Veeranagouda S/O Late a Gavisiddanagouda v. the State of Karnataka

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