Petitioner challenged an endorsement rejecting transfer of authorization on compassionate grounds citing the deceased father's age. Court quashed endorsement directing reconsideration.
Impugned endorsement quashed; Respondent No.2 directed to reconsider application without reference to age and qualification within 12 weeks.
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WP No. 199 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 199 OF 2023 (GM-PDS)
BETWEEN:
…PETITIONER
(BY SRI. SHIVARAMU H.C., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD AND CIVIL SUPPLIES , VIKAS SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGLURU 560 001
WP No. 199 of 2023
WEST RANGE
BANGALORE 560 010
…RESPONDENTS
(BY SRI. N. KUMAR, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 06.12.2022 ISSUED BY THE R2 IN NO.OO NI (PA) DRA / NC-26/2010-11 AT ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an endorsement dated 06.12.2022, by which, the application of the petitioner seeking transfer of authorization on compassionate grounds comes to be rejected.
appearing for the petitioner, Sri. M. Vinod Kumar, learned AGA appearing for the respondents and have perused the material on record.
WP No. 199 of 2023
the petitioner would submit that the endorsement comes about on the ground that the age of the father was 78 years at the time when he died and therefore, the authorization cannot be transferred. This is held to be contrary to law by the judgment rendered by a Co-ordinate Bench of this Court in W.P.No.17048/2021 disposed on 20.09.2021, wherein it has held as follows:
"The subject matter of this Writ Petition is substantially similar to the one in W.P.No.17131/2018 disposed off by a Co-ordinate Bench of this Court on 8.2.2019, copy whereof is at Annexure-F; at para Nos.9 & 10 of the order, said judgment reads as under:
“From close scrutiny of the aforesaid paragraph, it is evident that in W.P.No.22448/2015 which was decided by an order dated 21.09.2016, it has been held that the requirement with regard to having passed SSLC and restriction of age is not applicable when the transfer of authorization is sought on compassionate ground. The aforesaid finding has admittedly attained finality and is binding on the respondents as they have not challenged the same either by filing a review petition or by filing a writ appeal. Therefore this Court finds no reason to take a different view.
10. In the result, the impugned endorsement dated 23.03.2018 is hereby quashed and set aside and a direction is issued to respondent No.1 to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later
WP No. 199 of 2023
than eight weeks from the date on which a copy of this order is furnished.”
2. The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat like-cases alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigant as well, there being no derogatory circumstances.
In the above circumstances, this Writ Petition is allowed; impugned endorsement dated 03.09.2021 at Annexure-B is quashed; second respondent is directed to consider the petitioner’s application without reference to age and qualification.
Time for compliance is two months. No costs."
(emphasis supplied)
stands covered to the orders passed by the Co-ordinate Bench of this Court (supra) , which is not disputed by the learned AGA, I deem it appropriate to pass the following:
ORDER
I. The writ petition is allowed.
II. The endorsement dated 06.12.2022 stands quashed.
WP No. 199 of 2023
III. Respondent No.2 is directed to reconsider the application of the petitioner bearing in mind the observations in the course of the order within 12 weeks from the date of receipt of a copy of this order, if not already issued.
Sd/JUDGE
SJK List No.: 1 Sl No.: 36
2 issues framed by the court
Whether an endorsement rejecting transfer of authorization on compassionate grounds due to the deceased father's age is sustainable in light of coordinate bench judgments.
Whether the restriction on qualifications including age limit applies to transfer of authorization on compassionate grounds.
Colour shows how this judgement treated each authority
W.P.No.17048/2021 disposed on 20.09.2021Followed¶32
W.P.No.17131/2018 disposed on 8.2.2019Referred¶33
W.P.No.22448/2015 disposed on 21.09.2016Referred¶34
State of KarnatakaFollowed¶39
W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA
3 provisions across 3 enactments
NAGESH S
STATE OF KARNATAKA
THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES
M. Nagaprснаna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Nagaprснаna
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