This High Court allowed a writ petition quashing an endorsement that denied a married daughter authorization to run a fair price shop under compassionate grounds, relying on coordinate bench precedents.
The endorsement declining authorization was quashed, the petition allowed, and the respondent directed to reconsider the application within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 28015 OF 2023 (GM-RES)
BETWEEN:
M.P. MOHANA KUMARI,
AGED ABOUT 39 YEARS, D/O LATE M.S. PUTTASWAMY, W/O M.K. RAVI SHANKAR, R/O MALLHALLI VILLAGE,
ULLAHALLI HOBLI,
NANJANGUD TALUK,
MYSORE DISTRICT - 571 315.
…PETITIONER
(BY SRI. SHIVARAMU H.C., ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
VIKAS SOUDHA, BANGALORE - 560 001.
…RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)
NC: 2023:KHC:46945 WP No. 28015 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO QUASH THE ENDORSEMENT DATED 7.11.23 PASSED BY THE R2 IN HIS ORDER NO.FPS/NUM.THA/02/2023-24 AT ANNEXURE-B AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Varamu. H. C. learned counsel appearing for the petitioner, Smt. Rashmi Patel learned High Court Government Pleader appearing for the respondents.
1992 and the license was valid till 31.12.2025. That her father passed away on 17.05.2023 leaving behind the petitioner as his legal representatives. The petitioner is qualified having passed SSLC, petitioner being herself eligible to seek issuance of authorization under compassionate ground made a representation on 31.05.2023. In response respondent No.2 Joint Director has issued endorsement at Annexure-B, declining to grant the authorization solely on the ground that the petitioner is married daughter of the deceased.
granting relief similar to the one sought in the present petition.
PHM List No.: 1 Sl No.: 21
Sd/JUDGE
2 issues framed by the court
Whether a married daughter of a deceased licensee is eligible to seek authorization to run a fair price shop under compassionate grounds.
Whether rejection of authorization solely on the ground of the petitioner being a married daughter is unsustainable in light of coordinate precedents.
Colour shows how this judgement treated each authority
Smt. Indu. S. K. Vs State of KarnatakaReferred¶31
Smt. Indu. S. K. Vs State of Karnataka in WP.No.7010/2023
Smt. G. V. Hemavathi Vs. State of Karnataka and othersReferred¶31
Smt. G. V. Hemavathi Vs. State of Karnataka and others in WP.No.51361/2019
2 provisions across 2 enactments
M.P. Mohana Kumari
State of Karnataka
Joint Director of Food and Civil Supplies, Mysore District
The Thasildar, Nanjanagud Taluk
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
