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Sri M Anilkumar v. the State of Karnataka

Karnataka HC11 Jan 2023WP/3114/2021

Case brief

AI extract

What is this about?

A writ petition filed for a direction to renew the petitioner's fair price shop authorization for 10 years per a state notification. The High Court of Karnataka issued a writ of mandamus to the Deputy Commissioner to renew the license accordingly.

What did the court decide?

Writ of mandamus issued to respondent No.3 to renew the petitioner's authorization for 10 years within 4 weeks.

Sri M Anilkumar Vs the State of Karnataka — Service and Employment | Karnataka HC (2023)

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WP No. 3114 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3114 OF 2021 (GM-PDS)

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BETWEEN:

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SRI. M. ANILKUMAR, S/O LATE H. MUNIYAPPA, AGED ABOUT 35 YEARS,

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R/AT THINDLU,

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YALAHANKA HOBLI, YALAHANKA TALUK, BANGALORE – 560 097.

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…PETITIONER

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(BY SRIS.SHOBITH SIMHA, ADVOCATE)

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AND:

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

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY,

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FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT, VIKAS SOUDH, BANGALORE – 560 001.

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THE THASILDAR, YALAYANAKA TALUK, YALAHANKA, BANGALORE – 560 064.

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WP No. 3114 of 2021

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THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT, BANGALORE CITY, BANGALORE – 560 001.

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…RESPONDENTS

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(BY SRI.N.KUMAR, AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 13.01.2021 ISSUED BY THE R-3 PRODUCED ANNEXURE – C; DIRECT THE RESPONDENTS TO CONSIDE THE REPRESENTATION MADE BY THE PETITIONER ON 27.01.2021 TO THE R-2 VIDE ANNEXURE – B AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 authorization of the petitioner for a further period from 23.01.2021 in terms of Notification dated 16.01.2021.

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WP No. 3114 of 2021

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Heard Sri. Shobith Simha, learned counsel

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appearing 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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Therefore, the petition deserves to succeed. A mandamus is issued to respondent No.3 to renew the authorization of the petitioner in terms of the Notification dated

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WP No. 3114 of 2021

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16.01.2021 by passing appropriate orders within 4 weeks from

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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.: 46

Sri M Anilkumar v. the State of Karnataka

Case brief

What is this about?

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Sri M Anilkumar v. the State of Karnataka

Case brief

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