Allowed

Sri Atikoor Rahaman v. the State of Karnataka

Karnataka HC2 Jul 2024WP/10045/2024

Case brief

AI extract

What is this about?

Petitioner sought to quash an impugned endorsement denying his application for a school site under the Dravepura Anganwadi Centre Scheme, arguing the issue was covered by coordinate bench judgments. The court allowed the petition and quashed the endorsement.

What did the court decide?

Impugned endorsement dated 02.03.2024 quashed; Respondent No.2 directed to reconsider petitioner's application within 12 weeks.

Sri Atikoor Rahaman Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:25155 WP No. 10045 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.10045 OF 2024 (GM-PDS)

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BETWEEN:

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SRI ATIKOOR RAHAMAN S/O LATE ATHAULLA G AGED ABOUT 33 YEARS R/AT NO.390, PAPANNA BUILDING NEAR DOMENIC SCHOOL GOVINDAPURA BANGALORE SOUTH TALUK BANGALORE - 560 045.

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…PETITIONER

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(BY SRI. NAGARAJA N NAIDU, ADVOCATE)

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AND:

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT, VIKASA SOUDHA BANGALORE – 560 001.

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THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT, BANGALORE SOUTH RANGE, BANGALORE – 560 001.

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…RESPONDENTS

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(BY SMT. MAMATHA SHETTY, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 02/03/2024 MADE IN NO. U NI (KE)DRA/43 /2016-17 PASSED BY THE R2 PRODUCED ANNEXURE-D AND ETC.,

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NC: 2024:KHC:25155 WP No. 10045 of 2024

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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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In this petition, petitioner seeks the following reliefs:

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(i) Issue writ of certiorari or similar writ, order or direction to quash the impugned endorsement dated 02.03.2024 made in No.U Ni (Ke) DRA / 43 / 2016-17 passed by the 2^nd respondent produced at Annexure – D;

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(ii) Issue a writ, order or direction in the nature of writ of mandamus directing the respondents to consider the representation made by the petitioner on 13.02.2024 to the 2^nd respondent vide Annexure ‘C’;

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(iii) Pass such other relief or reliefs as this Hon’ble Authority deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity.”

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Heard learned counsel for the petitioner and learned

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counsel for the respondents and perused the material on record.

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In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that the issue in controversy involved in the present petition is directly and squarely covered by the judgment of the Co-ordinate Bench of this Court as per Sri.Syed Younus Pasha Vs. The State of Karnataka and others

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– W.P.No.18990/2022 dated 04.01.2023 vide Annexure – F and

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NC: 2024:KHC:25155 WP No. 10045 of 2024

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Sri.Baskar P. Vs. State of Karnataka and others – W.P.No.2077/2023 vide Annexure – G. It is therefore submitted that the present petition also deserves to be disposed of in terms of the aforesaid orders.

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The said submission is placed on record.

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A perusal of the material on record will clearly indicate

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that the issued involved in the present petition is directly and squarely covered by the two judgments of the Co-ordinate Bench of this Court as stated supra and the present petition also deserves to be disposed of in accordance with law.

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In the result, I pass the following

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ORDER

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(i) The petition is hereby allowed .

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(ii) The impugned endorsement at Annexure – D dated 02.03.2024 issued by 2^nd respondent is hereby quashed.

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(iii) Respondent No.2 is directed to reconsider the application of the petitioner bearing in mind the observations

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NC: 2024:KHC:25155 WP No. 10045 of 2024

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made in the course of the order, within 12 weeks from the date of receipt of a copy of this order and appropriate orders shall be passed, only if the same is not allotted to any other

person as on date.

Sd/JUDGE

List No.: 1 Sl No.: 87

Sri Atikoor Rahaman v. the State of Karnataka

Case brief

What is this about?

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Sri Atikoor Rahaman v. the State of Karnataka

Case brief

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