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2025 DAILYLAW 21954 (KAR)

VENKATESHAPPA v. STATE OF KARNATAKA

WP/10243/2021 · 2025-02-06

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:5464 WP No. 10243 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 10243 OF 2021 (GM-PDS) BETWEEN: VENKATESHAPPA AGED ABOUT 40 YEARS, ADOPTED SON OF LAXMANA BOVI, R/O DONIMADAGU VILLAGE, KAMASAMUDRA HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563 129. …PETITIONER (BY SRI. NANDEESH.B.S., ADVOCATE SRI. H.C.SHIVARAMU., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER (FOOD), KOLAR DISTRICT, KOLAR-563 101. 3. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, KOLAR DISTRICT, KOLAR-563 101. 4. THE THASILDAR BANGARPET TALUK, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5464 WP No. 10243 of 2021 BANGARPET, KOLAR DISTRICT-563 114. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Nandeesh.B.S., counsel on behalf of Sri.Shivaramu.H.C., for the petitioner and Sri.Mahantesh Shettar., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsement dated:12.04.2021 issued by the third respondent in No.DRA/CR/41/2020-21 vide Annexure-J and issue a Writ of Mandamus directing respondent No.3 to consider the application dated:23.10.2020 vide Annexure-A1 filed by the petitioner. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC:5464 WP No. 10243 of 2021 4. The endorsement is furnished along with the Writ Petition and the same is marked as Annexure-J. A perusal of the same reflects that the request of the petitioner for issuance of authorization was declined on the ground that the petitioner has failed to furnish the documents regarding adoption. The Deputy Director of Food and Civil Supplies has unnecessarily made efforts to discuss much about the adoption and rejected the request. This is untenable. The reason is plain. The Deputy Director of Food and Civil Supplies has no power to form a opinion and give a finding about adoption. The Deputy Director of Food and Civil Supplies has acted more than his authority. For the reasons stated above the endorsement is liable to be quashed. 5. The Writ of Certiorari is ordered. The endorsement dated:12.04.2021 issued by the third respondent in No.DRA/ CR/41/2020-21 vide Annexure-J is quashed. A Mandamus is ordered directing the third respondent to re-consider representation submitted by the petitioner on 23.10.2020 vide Annexure-A1 for the allotment of the authorization in accordance with the law within eight weeks. - 4 - NC: 2025:KHC:5464 WP No. 10243 of 2021 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 42