IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 12TH DAY OF AUGUST , 2021

BEFORE

THE HON'BLE MR .JUSTICE S.R. KRISHNA KUMAR

WRIT PETITION NO.102753/2021 (GM-PDS)

BETWEEN

SRI MANJAPPA , S/O HANUMAPPA CHUKANAKAL, AGE: 31 YEARS , OCC: NIL , R/O TALAKANAKAPURA VILLAGE , TQ: & DIST: KOPPAL-583236 .

.. . PETITIONER

(BY SRI B .C .JNANAYYA SWAMI, ADVOCATE)

AND

• 1. THE STATE OF KARNATAKA, REP .BY ITS UNDER SECRETARY , DEPT .OF FOOD AND CIVIL SUPPLIES , VIDHAN SOUDHA, BENGALURU-560001 .
• 2. THE FOOD COMMISSIONER, FOOD AND CIVIL SUPPLIES , CUNNINGHAM ROAD, BENGALURU-560052 .
• 3. THE DEPUTY COMMISSIONER, KOPPAL-583236.
• 4. THE DEPUTY DIRECTOR, FOOD AND CIVIL SUPPLIES , KOPPAL-583236.
• 5. THE TAHSILDAR , KOPPAL-583236.

.. . RESPONDENTS

(BY SRI V .S.KALASURMATH, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 29.07.2021 PASSED BY THE 4T H RESPONDENT VIDE ANNEXURE-E ISSUED BY THE 4T H RESPONDENT IN RESPECT OF PETITIONER FAIR PRICE SHOP AUTHORIZATION NO.82/97-98 SITUATED AT TALAKANAKAPUR VILLAGE OF KOPPAL TALUK AND ETC .

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY , THE COURT , MADE THE FOLLOWING:

ORDER

In this writ petition, the petitioner has sought for the following relie fs:

a. Writ in the nature o f certiorari or any other writ or order or direction, quashing the impugned endorsement dated 29.07.2021 passed by the 4t h respondent vide Annexure-E issued by the 4th respondent in respect o f petitioner fair price shop authorization No.82/97-98 situated at Talakanakapur village of Koppal taluk and etc.

2. Heard learned counsel for the petitioner and learned HCGP for respondents.

3. In addition to reiterating the various contentions put forth in the petition and re ferring to the documents produced by the petitioner , learned counsel for the petitioner submits that issue in controversy involved in the present petition is squarely covered by several decisions o f this Court including the decision in the case of Gadigeppa S/o.Bh imappa Honnappanavar vs. The Commissioner Food and Civ il Suppl ies and Consumer Affa irs Department and 3 others, W.P.No.100217/2018 (GM-RES) dated 16 .11 .2018 and consequently, the present petition also deserves to be disposed o f f in terms o f the said decision.

4. In view of the a foresaid facts and circumstances of the case and in the light of the decision in Gad igeppa 's case (supra), I am of the considered opinion that the present petition also deserves to be disposed of f in terms of the a foresaid decision.

5. In the result, I pass the following:

ORDER

• (i) Petition is allowed in terms of the decision o f this Court in Gadigeppa 's case (supra).
• (ii) The impugned endorsement at Annexure-E dated 29.07 .2021 issued by the 4t h respondent is hereby quashed.

The respondents are directed to re-consider the application of the petitioner for grant of authorization of compassionate ground and pass order in that regard as expeditiously as possible within a period of three months from the date o f receipt of a copy of this order.

SD JUDGE

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