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2025 DAILYLAW 34741 (KAR)

SMT SHANTHAMMA v. STATE OF KARNATAKA

RP/503/2024 · 2025-04-04

Hemant Chandangoudar

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14377 RP No. 503 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR REVIEW PETITION NO. 503 OF 2024 BETWEEN: 1. SMT. SHANTHAMMA AGED ABOUT 48 YEARS, W/O. LATE BORANNA B 2. KIRAN KUMAR B, AGED ABOUT 30 YEARS, S/O. LATE BORANNA B BOTH ARE RESIDENTS OF KATTANAYAKANAHALLI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 540. …PETITIONERS (BY SRI. H. C. SHIVARAMU, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GROUND FLOOR, VIKAS SOUDHA, BANGALORE - 560 001. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, CHITRADURGA DISTRICT, CHITRADURGA - 577 501. 3. THE THASILDAR, MOLAKALMURU TALUK, CHITRADURGA DISTRICT, CHITRADURGA - 577 535. Digitally signed by K G RENUKAMBA Location: High Court Of Karnatka - 2 - NC: 2025:KHC:14377 RP No. 503 of 2024 4. MAHANTESH B, AGED ABOUT 27 YEARS, S/O. LATE BORANNA B RESIDENT OF KATTANAYAKANAHALLI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 540. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 TO R3; SRI. ANANTHANARAYANA K.S., ADVOCATE FOR R4) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED:25.09.2024 PASSED IN WP NO.25680/2023, PRODUCED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri Ananthanarayana K.S. files vakalath on behalf of respondent No.4. 2. The learned HCGP accepts notice for respondent Nos.1, 2, and 3. 3. Petitioner No.1 is the mother and petitioner No.2 is the brother of respondent No.4. Upon the death of the father, respondent No.4 was granted authorization after the petitioners gave their consent for the transfer of authorization in favour of respondent No.4. Challenging the said authorization, the petitioners had approached this Court in W.P. No.25680/2023, and this Court, vide order dated 25.09.2024, dismissed the writ petition. - 3 - NC: 2025:KHC:14377 RP No. 503 of 2024 4. The learned counsel for respondent No.4, upon receiving instructions, submitted that respondent No.4 has no objection to transferring the authorization in favour of rirther of the petitioners. 5. The said submission is placed on record. 6. Accordingly, this petition is allowed. 7. The order dated 25.09.2024 passed in W.P. No.25680/2023 is set aside. Respondent No.2 is hereby directed to transfer the authorization in favour of either of the petitioners1 upon respondent No.4 filing an affidavit to that effect. The said exercise shall be completed within four weeks from the date on which respondent No.4 files such an affidavit. Respondent No.2 is further directed to grant authorization in favour of either petitioner No.1 or petitioner No.2, based on the affidavit filed by respondent No.4 to that effect. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AKV List No.: 1 Sl No.: 28 CT:SK