Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 25185 (KAR)

SMT.MANGALA GOWRI K v. STATE OF KARNATAKA

CCC/521/2024 · 2025-03-04

M I Arun, N V Anjaria Cj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9286-DB CCC No. 521 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 521 OF 2024 (CIVIL) BETWEEN: 1. SMT. MANGALA GOWRI K AGED ABOUT 35 YEARS S/O LATE LAKSHMAMMA W/O S.Y. CHANDRA RESIDING AT NO 2188 PMK ROAD, RAMESH ROAD RANGAIAH NAIDU LAYOUT BANGALORE NORTH DASARAHALLI - 560 057. …COMPLAINANT (BY SRI H.C. SHIVARAMU, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GROUND FLOOR, Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:9286-DB CCC No. 521 of 2024 VIKAS SOUDHA, BANGALORE - 560 001. …PRO FORMA RESPONDENT 2. SMT. PREETHI CHANDRASHEKAR DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES BANGALORE URBAN DISTRICT BANGALORE - 560 096. …ACCUSED (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.2 HEREIN FOR HER WILLFUL DISOBEDIENCE OF THE ORDER DATED 27.11.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.24426/2023 PRODUCED AT ANNEXURE - A AND PUNISH THE ACCUSED NO.2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:9286-DB CCC No. 521 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The writ petition was filed seeking to call in question the endorsement dated 16.10.2023, by which the application of petitioner seeking transfer of authorisation on compassionate grounds was rejected. 2. The said petition was disposed of by the order dated 27.11.2023, whereby learned Single Judge directed the Deputy Director of Food and Civil Supplies, Bengaluru-respondent No.2, to reconsider the application of the petitioner keeping in mind, the observations made in the course of the order within stipulated time. 3. The rejection of the prayer for authorisation which was impugned before learned Single Judge was on the ground that the age of the mother was above 65 years at the time of the death and that the authorisation cannot be transferred. - 4 - NC: 2025:KHC:9286-DB CCC No. 521 of 2024 4. Today when the proceedings came up for consideration, learned Additional Government Advocate Smt. Pramodhini Kishan invites attention of the court to the memo dated 04.02.2025 in which it is stated that the authorisation has been granted to the complainant on compassionate grounds as per the provision of Clause (13) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. 4.1 It is stated that the said order has been issued taking note of the order of the court in respect of the interpretation of 'any daughter' who is otherwise not having the source of income. The endorsement dated 30.01.2025 is also produced. 4.2 Learned Additional Government Advocate rightly submitted that the order is complied with. She fairly stated that in the order permitting the transfer of authorisation on compassionate ground, only one condition is mentioned that the applicant will have to obtain consent of family members. - 5 - NC: 2025:KHC:9286-DB CCC No. 521 of 2024 5. In the aforesaid view, the contempt proceedings does not survive as the order is complied with. The present petition is accordingly disposed of as not surviving. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 62