- 1 - NC: 2025:KHC:14111 WP No. 7570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7570 OF 2025 (GM-PDS) BETWEEN: B. HARIPRASAD AGED ABOUT 43 YEARS, S/O.LATE K.N.BAYAPPA REDDY, R/O. KONDAREDDYPALLI, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT - 561 207. …PETITIONER (BY SRI. VIVEKANANDA T P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, BANGALORE - 560 001. 2. THE JOINT DIRECTOR AND COMPETENT AUTHORITY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR - 562 108. 3. THE THASILDAR, BAGEPALLI TALUK, BAGEPALLI - 561 207 CHICKBALLAPUR DISTRICT …RESPONDENTS (BY SRI. SPOORTHI V., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. F AND CS/DRA/B/FPSA/4/2016-17 DTD. 04.02.2025 PASSED BY THE R-2 AT ANNX-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14111 WP No. 7570 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Vivekananda T.P., learned counsel appearing for the petitioner and Sri. Spoorthi V., the learned High Court Government Pleader appearing for the respondents. 2. The petitioner is before this Court seeking the following prayer: "i) issue a writ of certiorari or similar writ or order or direction to quash the order bearing No.F & CHARGE SHEET/DRA/B/FPSA/4/2016-17 dated 04.02.2025 passed by the respondent No.2 at Annexure - E ii) issue writ of mandamus or similar writ or order or direction to the respondent Nos.2 and 3 to transfer the authorization in favour of the petitioner taking note of the order passed in W.P.No.263/2023 and W.P.No.31745/2024 at Annexures - F & G and iii) issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case in the interest of justice and equity." 3. The learned counsel for the petitioner would submit that the issue in the case at hand stands covered by the judgment rendered by this Court in W.P.No.263/2023, - 3 - NC: 2025:KHC:14111 WP No. 7570 of 2025 disposed of on 17.01.2023, wherein this Court has held as follows: “3. Learned counsel Sri. H.C. Shivaramu, appearing for the petitioner would submit that the endorsement came to be issued on the ground that the age of the deceased Ramakrishna, was above 65 years at the time when he died and therefore, the authorization cannot be transferred. This is held to be contrary to law by the judgment rendered by a Co-ordinate Bench of this Court in W.P.No.17048/2021 disposed on 20.09.2021, wherein it has held as follows: "The subject matter of this Writ Petition is substantially similar to the one in W.P.No.17131/2018 disposed off by a Co-ordinate Bench of this Court on 8.2.2019, copy whereof is at Annexure-F; at para Nos.9 & 10 of the order, said judgment reads as under: “From close scrutiny of the aforesaid paragraph, it is evident that in W.P.No.22448/2015 which was decided by an order dated 21.09.2016, it has been held that the requirement with regard to having passed SSLC and restriction of age is not applicable when the transfer of authorization is sought on compassionate ground. The aforesaid finding has admittedly attained finality and is binding on the respondents as they have not challenged the same either by filing a review petition or by filing a writ appeal. Therefore this Court finds no reason to take a different view. 10. In the result, the impugned endorsement dated 23.03.2018 is hereby quashed and set aside and a direction is issued to respondent No.1 to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date on which a copy of this order is furnished.” - 4 - NC: 2025:KHC:14111 WP No. 7570 of 2025 2. The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat like-cases alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigant as well, there being no derogatory circumstances. In the above circumstances, this Writ Petition is allowed; impugned endorsement dated 03.09.2021 at Annexure-B is quashed; second respondent is directed to consider the petitioner’s application without reference to age and qualification. Time for compliance is two months. No costs." (emphasis supplied) 4. In the light of the fact that the issue in the lis stands covered to the orders passed by the Co- ordinate Bench of this Court (supra), which is not disputed by the learned AGA, I deem it appropriate to pass the following: ORDER I. The writ petition is allowed. II. The endorsement dated 20.09.2022 stands quashed. III. Respondent No.2 is directed to reconsider the application of the petitioner bearing in mind the observations in the course of the order within 12 weeks from the date of receipt of a copy of this order, if not already issued. IV. The representation of the petitioner would be considered in the course of the order within 12 weeks and appropriate orders shall be passed only if the same is not allotted to any other person as on date.” - 5 - NC: 2025:KHC:14111 WP No. 7570 of 2025 4. In the light of the order passed by this Court and for the reasons aforementioned, the following: ORDER (i) The Writ Petition is allowed; (ii) The order dated 04.02.2025 bearing No. F & CS/DRA/B/FPSA/4/2016-17 passed by respondent No.2, stands quashed; (iii) Respondent Nos.2 and 3 are directed to reconsider the application of the petitioner bearing in mind the observations in the course of the order within 12 weeks from the date of receipt of a copy of this order, if not already issued. (iv) The representation of the petitioner would be considered in the course of the order within 12 weeks and appropriate orders shall be passed, only if the same is not allotted to any other person as on date. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 92