Disposed

Shri T J Devaraj v. the State of Karnataka

Karnataka HC6 Dec 2024WP/30205/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of an endorsement rejecting transfer of his late father's fair price shop authorization on the ground that the father had crossed 65 years. Relying on prior decisions holding the age bar inapplicable to compensatory transfers, the court set aside the endorsement and directed fresh consideration.

What did the court decide?

Endorsement dated 11.07.2024 (Annexure-E) set aside; respondent No.1 directed to consider representation dated 08.03.2022 afresh within two months.

Shri T J Devaraj Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:50420 WP No. 30205 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 6^TH DAY OF DECEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MRS JUSTICE ANU SIVARAMAN WRIT PETITION NO. 30205 OF 2024 (GM-PDS)

¶6

BETWEEN:

¶7

SHRI T J DEVARAJ S/O LATE JAYADEVAPA T H AGED ABOUT 55 YEARS R/AT B G PALYA ROAD TUMKUR 572101

¶8

…PETITIONER

¶9

(BY SRI. LAKSHMIKANTH K.,ADVOCATE)

¶10

AND:

¶11

THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES VIKASA SOUDHA,DR AMBEDKAR VEEDHI BANGALORE 560001.

¶12

Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

¶13

THE JOINT DIRECTOR (FOOD) FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT NO 205, 2ND FLOOR MINI VIDHANA SOUDA TUMKUR 572101.

¶14

…RESPONDENTS

¶15

(BY SRI.M N SUDEV HEGDE., AGA)

¶16

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED: 11.07.2024 VIDE NO.

¶17

2 - NC: 2024:KHC:50420 WP No. 30205 of 2024

¶18

FSD/FPD/CR 34/2000-01 ISSUED BY R2 AT ANNEXURE-E. AND ETC.

¶19

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶20

CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN

¶21

ORAL JUDGMENT

¶22

Learned Government Advocate accepts notice for respondents.

¶23

This writ petition is filed seeking for the following releifs:

¶24

a) Issue a writ or certiorari or any other writ by quashing the endorsement dated 11.07.2024 vide No.FSD/FPD/CR-34/2000-01 issued by respondent No.2 at Annexure-E.

¶25

b) Issue writ of mandamus or any other appropriate writ directing the respondent No.2 to consider the representation given by the petitioner dated 08.03.2022 at Annexure-D.

¶26

c) To pass such other necessary order as this Hon’ble Court deems fit in the interest of justice.

¶27

¶28

NC: 2024:KHC:50420 WP No. 30205 of 2024

¶29

Heard the learned counsel appearing for the

¶30

petitioner and learned Government Advocate appearing for the respondents.

¶31

It is submitted by the learned counsel appearing for the petitioner that the petitioner’s request for transfer of authorization of a fair price shop, which was being run by his father, has been rejected vide Annexure-E on the short ground that the petitioner’s father had attained the age of 65 years, when he passed away. It is further submitted that the question with regard to transfer of authorization of a person, who has attained the age of 65 years, is covered by a judgment of this Court in the case of Madhu.U Vs. State of Karnataka and another in W.P.No.29975/2024 disposed of on 11.11.2024. It was held by this Court that age restriction is not applicable when the transfer of authorization is sought on compensatory grounds, as stated by this Court in W.P.Nos.22448/2015 (dated 21.09.2016) and W.No.20435/2014 (dated 17.11.2024).

¶32

4 - NC: 2024:KHC:50420 WP No. 30205 of 2024

¶33

5. In the above view of the matter, endorsement dated

¶34

11.07.2024 (Annexure-E) issued by respondent No.2 is hereby set aside. There will be a direction to the respondent No.1 to consider Annexure-D, representation dated 08.03.2022 filed by the petitioner afresh, taking note of the judgment in W.No.29975/2024 dated 11.11.2024. Appropriate orders shall be passed within a period of two months from the date of receipt of certified copy of this order.

¶35

6. Accordingly, the writ petition is disposed of.

¶36

Sd/(ANU SIVARAMAN) JUDGE

¶37

DM List No.: 1 Sl No.: 27

Shri T J Devaraj v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri T J Devaraj v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Annapoorna Services Station Vs State Bank of India

Sri. v. Harikrishnan Vs the State of Karnataka

K G Kodandarama Vs Cornerstone Properties Private Limited

Sri Nataraj K Vs Pooja K

M/S. Fourses Foods Vs M/S. Karnataka Bank Limited

Mr. C. Jayagopal Vs Sree Charan Souhardha Sahakara Bank Niyamitha