Petitioner's application for renewal of fair price shop authorization granted on compassionate grounds was rejected by endorsement. The State stated the authorization had been renewed till 31.12.2027 under a government order. Holding the refusal unsustainable, the court quashed the impugned endorsement and allowed the petition.
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NC: 2024:KHC:45341 WP No. 4656 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 4656 OF 2024 (GM-PDS)
BETWEEN:
SMT. S. PADMAVATHI, AGED ABOUT 45 YEARS, W/O LATE CHANDRASHEKAR M C RESIDENT OF MACHOHALLI MAIN ROAD, MACHOHALLI, BANGALORE-560 091.
…PETITIONER
(BY SRI. SHIVARAMU H.C., ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. ARUNA G.S., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 02/02/2024 ISSUED BY THE SECOND RESPONDENT AT ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:45341 WP No. 4656 of 2024
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The authorization was granted to the petitioner on compassionate ground to run the fair price shop for a period of three years. After expiry of three years, the petitioner submitted an application for renewal of the authorization, however, the said application came to be rejected citing that the petitioner is not entitled for renewal of authorization. Taking exception to the same, the present petition is filed.
ORDER
i) The petition stands allowed.
ii) The impugned endorsement dated 2.2.2024 issued by the respondent No.2 vide Annexure-C is hereby quashed.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
BKM
1 issue framed by the court
Was the refusal to renew the petitioner's authorization to run the fair price shop sustainable when the State had renewed it till 31.12.2027?
1 provisions across 1 enactments
Smt. S. Padmavathi
State of Karnataka represented by its Principal Secretary, Department of Food and Civil Supplies
Deputy Director of Food and Civil Supplies, Bangalore Urban District
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
