Dismissed

Smt. Dhanushree. D. N. v. the State of Karnataka

Karnataka HC29 Jan 2024WP/1438/2024

Case brief

AI extract

What is this about?

This petition filed under Articles 226 and 227 of the Constitution of India sought to quash an endorsement dated 02.01.2024 issued by the respondent No.3. The court disposed of the writ petition on the same terms and following the same reasons as a co-ordinate bench order in W.P.No.15602/2022, relying on Court Notification dated 16.01.2021.

What did the court decide?

The writ petition was disposed of on the same terms and following the same reasons as in W.P.No.15602/2022.

Smt. Dhanushree. D. N. Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:3787 WP No. 1438 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 1438 OF 2024 (GM-PDS)

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BETWEEN :

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SMT.DHANUSHREE D.N., D/O LATE NATARAJA G.D., AGED ABOUT 23 YERAS, R/O 1^ST CROSS, RAJAPPA LAYOUT, JANNAPURA, BHADRAVATHI TALUK, SHIMOGA DISTRICT – 577 301.

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…PETITIONER

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(BY SRI. SIDDAPPA B M., 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, DEPARTMENT OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS, M S BUILDING, BANGALORE – 560 001. REPRESENTED BY ITS SECRETARY.

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THE COMMISSIONER, THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES, CUNNING HAN ROAD, BANGALORE – 560 052.

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THE DEPUTY DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SHIMOGA DISTRICT, SHIMOGA – 577 201.

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…RESPONDENTS

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(BY SRI.KIRAN KUMAR, HCGP)

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NC: 2024:KHC:3787 WP No. 1438 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT NO.F.S.D./F.P.S/C.R-07/2020-21 DATED 02/01/2024 ISSUED BY THE R3 PRODUCED AS ANNEXURE-B TO THE WP AND ETC.,

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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 learned HCGP is directed to accept notice for the respondents.

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The petitioner is before this Court seeking following reliefs:

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"a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the endorsement No.F.S.D/F.P.S/C.R-07/2020-21 Dated 02.01.2024 issued by the respondent No.3 produced as ANNEXURE-B to the writ petition.

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b) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity."

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Learned counsel for the petitioner submits that this Court

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in W.P No.21478/2022 has considered the very same prayer and passed an order on 03.11.2022 directing renewal of licence for a period of ten years. The said order reads as follows:

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NC: 2024:KHC:3787 WP No. 1438 of 2024

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"The petitioner in the subject petition calls in question an endorsement dated 19.10.2022 passed by respondent No.3.

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2. Heard Sri. Harsha Kumar Gowda H., learned counsel appearing for the petitioner and Sri. M. Vinod Kumar, learned AGA appearing for the respondents and have perused the material on record.

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3. Learned counsel appearing for the petitioner submits that the issue in the case at hand stands covered by the judgment of the Co-ordinate Bench of this Court in W.P.No.15602/2022 dated 10.08.2022, wherein the Co-ordinate Bench of this Court has held as follows:

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"The short grievance of the petitioner is against the endorsement dated 28.04.2022 issued by the third respondent at Annexure-E and also as to non-consideration of his representation dated 24.06.2022, a copy whereof avails at Annexure-D.

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2. Learned Additional Government Advocate on request having accepted notice for the respondents although opposed the writ petition for sometime, now fairly agrees to instruct his clients to look into the grievance of petitioner as aired in the subject writ petition disregarding the impugned order, in terms of the Court Notification dated 16.01.2021, a copy whereof avails at Annexure-D. This is appreciable.

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In the above circumstances, writ petition is disposed of with the above observations. Time for compliance is six weeks. All contentions are kept open.

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Costs made easy."

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4. In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the

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NC: 2024:KHC:3787 WP No. 1438 of 2024

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petition stands disposed on the same terms and following the same reasons.

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Ordered accordingly."

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In the light of the issue standing answered, the petitioner

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is entitled to the same reliefs as is granted as aforesaid. The petition stands disposed of.

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Sd/JUDGE

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AHB List No.: 1 Sl No.: 48

Smt. Dhanushree. D. N. v. the State of Karnataka

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Smt. Dhanushree. D. N. v. the State of Karnataka

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