Allowed¶31

Sagar S/O. Vishwanath Vani v. the State of Karnataka

Karnataka HC26 Apr 2025WP/102817/2025

Case brief

AI extract

What is this about?

High Court of Karnataka, Dharwad Bench; WP No. 102817 of 2025 (GM-PDS); Justice Jyoti Mulimani; compassionate renewal of food/civil supplies licence; transfer of licence on death of original holder Vishwanath Vani; over-age objection held no bar; endorsement dated 09.04.2025 (Annexure-C) quashed by certiorari; mandamus to transfer licence within six weeks; Articles 226 and 227 of the Constitution of India.

What did the court decide?

Endorsement dated 09.04.2025 (Annexure-C) quashed; third respondent directed to transfer the licence in favour of the petitioner within six weeks from receipt of certified copy of the order. ¶31

Sagar S/O. Vishwanath Vani Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:6925 WP No. 102817 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102817 OF 2025 (GM-PDS)

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BETWEEN:

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SAGAR S/O. VISHWANATH VANI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: UDAY ROAD, HINDU NAGAR, BELAGAVI, DIST: BELAGAVI-590 008.

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… PETITIONER

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(BY SRI. GOODWALA SADIQALI NAZEER, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VASANTH NAGAR, BENGALURU-01.

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER, FOOD, CIVIL AND CONSUMER AFFAIRS DEPARTMENT, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU-32.

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THE DEPUTY DIRECTOR, FOOD, CIVIL AND CONSUMER AFFAIRS DEPARTMENT, BELAGAVI, DIST: BELAGAVI-590 017.

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… RESPONDENTS

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(BY SRI. PRAVEEN K. UPPAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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NC: 2025:KHC-D:6925 WP No. 102817 of 2025

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Sadiq N.Goodwala., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for the respondents have appeared in person.

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The petitioner is the son of the original licence holder Sri.Vishwanath Vani. He died on 04.08.2024 and hence, the petitioner filed an application for compassionate renewal to transfer the licence in his name on 08.04.2025 by filing a representation to the third respondent. However, the third respondent issued an endorsement stating that the petitioner’s father was over aged and hence, he is ineligible for the grant of authorization on compassionate grounds. Under these circumstances, the petitioner is before this Court.

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

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A short controversy is regarding the age of the original licence holder. The issue regarding the age is no longer res integra. It is pivotal to mention that in several Writ

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NC: 2025:KHC-D:6925 WP No. 102817 of 2025

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Petitions, this Court has already decided that age shall not be a bar for transfer of licence on compassionate ground. Under these circumstances, the petitioner would be entitled to favorable order.

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The Writ of Certiorari is ordered. The endorsement dated:09.04.2025 issued by the third respondent vide Annexure-C is quashed. A Mandamus is ordered directing the third respondent to transfer the licence in favor of the petitioner, within a period of six weeks from the receipt of certified copy of this order.

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6. Resultantly, the Writ Petition is allowed.

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Sd/(JYOTI MULIMANI) JUDGE

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MRP/RH List No.: 1 Sl No.: 26

Sagar S/O. Vishwanath Vani v. the State of Karnataka

Case brief

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Sagar S/O. Vishwanath Vani v. the State of Karnataka

Case brief

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