- 1 - NC: 2025:KHC:14758 WP No. 9185 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9185 OF 2025 (GM-PDS) BETWEEN: MIRNAJAMRAZA S/O LATE MIRZARURHUSSAIN AGED 40 YEARS, R/AT POTHENAHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR-561 213 …PETITIONER (BY SRI. M B CHANDRACHOODA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD, CIVIL SUPPLIES, CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14758 WP No. 9185 of 2025 2. THE JOINT DIRECTOR AND AUTHORIZED OFFICER, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 213. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT DTD 14.03.2025 BEARING NO. AANASA/DRA/GOU/NYA. BE.ANG.PRA/26/2016-17 PASSED BY THE JD, (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) CHIKKABALLAPUR DISTRICT, CHIKKABALLAPURA, VIDE ANNX-D BY ISSUE OF WRIT OF CERTIORARI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14758 WP No. 9185 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.M.B.Chandrachooda, learned counsel appearing for the petitioner and Sri. Mohammed Jaffar Shah, the learned Additional Government Advocate, appearing for the respondents. 2. The petitioner is before this Court seeking the following prayer: "i) quash the endorsement dated 14/03/2025 bearing No.AaNaSA/DRA/Gou/Nya. Be. Ang. Pra/26/2016-17 passed by the Joint Director, (Food, Civil Supplies and Consumer Affairs) Chikkaballapur District, Chikkaballapura, vide Annexure - D, by issue of writ of certiorari. ii) issue writ of mandamus directing the respondent No. 2 to issue authorization / license in favour of petitioner on compassionate grounds for distribution of essential commodities to the card holders. iii) issue any appropriate writ, order or direction as deemed fit in the circumstances of the case in the interest of justice." - 4 - NC: 2025:KHC:14758 WP No. 9185 of 2025 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 W.P.No.18286/2022, disposed of on 07.12.2022, wherein this Court has held as follows: “3. Learned counsel, Sri. K.B. Gopal, appearing for the petitioner would submit that the endorsement comes about on the ground that the age of the father was 69 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 - 5 - NC: 2025:KHC:14758 WP No. 9185 of 2025 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.” 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), I deem it appropriate to pass the following: ORDER I. The writ petition is allowed. II. The endorsement dated 28.04.2022 stands quashed. III. Respondent No.3 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.” - 6 - NC: 2025:KHC:14758 WP No. 9185 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 endorsement dated 14.03.2025 stands quashed; iii) Respondent No.2 is directed to reconsider the application of the petitioner bearing in mind the observations made in the course of the order within 12 weeks from the date of receipt of a copy of this order. iv) If not allotted to anyone else. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 73