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Sri. K. B. Sathish v. the State of Karnataka

Karnataka HC12 Jan 2023WP/111/2023

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition filed for the renewal of a Fair Price Shop license. The Court issued a writ of mandamus directing the Deputy Director to renew the authorization for a period of 10 years in line with the latest State policy.

What did the court decide?

A writ of mandamus issued to the Respondent No.3 directing renewal of authorization within 4 weeks pursuant to the Notification dated 16.01.2021.

Sri. K. B. Sathish Vs the State of Karnataka — Service and Employment | Karnataka HC (2023)

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WP No. 111 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 111 OF 2023 (GM-PDS)

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BETWEEN:

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SRI. K. B. SATHISH S/O LATE K S BASAVARAJAPA AGED ABOUT 38 YEARS R/AT MATHI VILLAGE AND POST DAVANAGERE TALUK AND DISTRICT

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…PETITIONER

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(BY SRI. BASAVARAJ T., ADVOCATE)

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AND:

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

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU- 560 052

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THE DEPUTY DIRECTOR THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES

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WP No. 111 of 2023

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AND CONSUMER AFFAIRS, DAVANAGERE DISTRICT DAVANAGERE- 577 001

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…RESPONDENTS

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(BY SRI. .,ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT IN NO.AA NA SA / 02 /PRASAM / 02 / 2017-18, DTD 29.11.2022 VIDE ANNEXURE-A TO THE WRIT PETITION ISSUED BY THE R3 I.E, THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIED AND CONSUMER AFFAIRS, DAVANGERE DISTRICT DIRECT THE R3 IN PARTICULAR TO ADHERE TO THE NOTIFICATION DTD 16.01.2021 ISSUED BY THE R1 BEARING NO.FCS.99.RPR/2019 (E-OFFICE) VIDE ANNEXURE-F TO THE WRIT PETITION WHILE CONSIDERING THE REPRESENTATION OF THE PETITIONER FOR RENEWAL OF HIS FAIR PRICE DEPOT LICENSE IN ITS WORK AND SPIRIT AWARD THE COST OF THE PROCEEDINGS.

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

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ORDER

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The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to renew the

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WP No. 111 of 2023

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authorization of the petitioner for a further period from 24.01.2021 in terms of Notification dated 16.01.2021.

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Heard Sri. Basavaraj T., learned counsel appearing

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for the petitioner and the learned AGA, Sri. N. Kumar, appearing for the respondents.

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Learned counsel appearing for the petitioner submits that the present policy of the State is to accord renewal of the valid license of a fair price shop from 3 years to 10 years. The license of the petitioner was granted at the time when the said policy was not yet notified by the State. The authorization is granted on 23.01.2018 for a period of 3 years. In the light of the present policy, the license of the petitioner will have to be extended for a period of 10 years in terms of Notification dated 16.01.2021.

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This Court in W.P.No.21478/2022 dated 03.11.2022

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has considered the Notification and directed extension of license for a period of 10 years from the date of initial issuance of license.

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WP No. 111 of 2023

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Therefore, the petition deserves to

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A mandamus is issued to respondent No.3 to renew the authorization of the petitioner in terms of the Notification dated 16.01.2021 by passing appropriate orders within 4 weeks from the date of receipt of a copy of this order.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 19

Sri. K. B. Sathish v. the State of Karnataka

Case brief

What is this about?

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Sri. K. B. Sathish v. the State of Karnataka

Case brief

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