Writ Petition No. 27968 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:12191 WP No. 27968 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.27968 OF 2024 (GM-PDS) BETWEEN: A. AMEEN @ REHAMAN AGED ABOUT 21 YEARS, S/O. LATE G. ATHAULLA, RESIDING AT NO.44/46 KATHA NO.683 6TH MAIN ROAD, GANGONDANAHALLI, NAYANDAHALLI BANGALORE – 560 072 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GROUND FLOOR, VIKAS SOUDHA, BANGALORE – 560 001. 2. THE JOINT DIRECTOR OF FOOD & CIVIL SUPPLIES SOUTH RANGE, BANGALORE 3. ATIKOOR RAHAMAN AGED ABOUT 33 YEARS, S/O LATE ATHAULLA G RESIDING AT NO.390 PAPANNA BUILDING, NEAR DOMENIC SCHOOL GOVINDAPURA, BANGALORE SOUTH TALUK, BANGALORE - 560 045
Legal Reasoning
(BY SRI. SUDEV HEGDE, AGA FOR R1 AND R2; SRI. NAGARAJA N. NAIDU, ADV. FOR R3) …RESPONDENTS - 2 - NC: 2025:KHC:12191 WP No. 27968 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION TO REVIEW THE ORDER DATED 02.07.2024 PASSED IN W.P.NO.10045/2024 PRODUCED AT ANNEXURE – D AND ISSUE DIRECTION TO QUASH THE ENDORSEMENT DATED 12.08.2024 ISSUED BY THE SECOND RESPONDENT IN NO.Oo Ni (K) DRA/43/2016-17 AT ANNEXURE-E AND ALSO QUASH THE ENDORSEMENT DATED 20.08.2024 ISSUED BY THE SECOND RESPONDENT AT ANNEXURE-B IN NO.Oo Ni (K) DRA/43/2016-17 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(i) Issue a writ of certiorari or similar writ or order or direction to review the order dated 02.07.2024 passed in W.P.No.10045/2024 produced at Annexure – D; (ii) Issue a writ of certiorari or similar writ or order or direction to quash the endorsement dated 12.08.2024 issued by the second respondent in No.Oo Ni (K) DRA / 43 / 2016-17 at Annexure – E and also quash the endorsement dated 20.08.2024 issued by the second respondent at Annexure – B in No.Oo Ni (K) DRA / 43 / 2016-17; (iii) Issue a writ of mandamus to the respondent No.2 to issue authorization in favour of the petitioner considering the applications dated 30.07.2024 and 14.08.2024 produced as Annexures – A1 and A2 forthwith; and - 3 - NC: 2025:KHC:12191 WP No. 27968 of 2024 (iv) Issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 and 2 and learned counsel for respondent No.3 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.3 preferred W.P.No.10045/2024 against respondent Nos.1 and 2 and the said petition was allowed by this Court vide final order dated 02.07.2024 as hereunder: “In this petition, petitioner seeks the following reliefs: (i) Issue writ of certiorari or similar writ, order or direction to quash the impugned endorsement dated 02.03.2024 made in No.U Ni (Ke) DRA / 43 / 2016-17 passed by the 2nd respondent produced at Annexure – D; (ii) Issue a writ, order or direction in the nature of writ of mandamus directing the respondents to consider the representation made by the petitioner on 13.02.2024 to the 2nd respondent vide Annexure ‘C’; (iii) Pass such other relief or reliefs as this Hon’ble Authority deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. - 4 - NC: 2025:KHC:12191 WP No. 27968 of 2024 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that the issue in controversy involved in the present petition is directly and squarely covered by the judgment of the Co-ordinate Bench of this Court as per Sri.Syed Younus Pasha Vs. The State of Karnataka and others – W.P.No.18990/2022 dated 04.01.2023 vide Annexure – F and Sri.Baskar P. Vs. State of Karnataka and others – W.P.No.2077/2023 vide Annexure – G. It is therefore submitted that the present petition also deserves to be
Decision
disposed of in terms of the aforesaid orders. 4. 5. The said submission is placed on record. A perusal of the material on record will clearly indicate that the issued involved in the present petition is directly and squarely covered by the two judgments of the Co-ordinate Bench of this Court as stated supra and the present petition also deserves to be disposed of in accordance with law. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned endorsement at Annexure – D dated 02.03.2024 issued by 2nd respondent is hereby 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 and appropriate orders shall be passed, only if the same is not allotted to any other person as on date.” - 5 - NC: 2025:KHC:12191 WP No. 27968 of 2024 4. It is the grievance of the petitioner that he has interest in the subject matter of the said writ petition inasmuch as the present petitioner Sri. A. Ameen is none other than the step brother of respondent No.3 and as such, the petitioner herein was entitled to be heard before the aforesaid order was passed by this Court and that consequently, the present petition deserves to be allowed and the said order passed in W.P.No.10045/2024 to be modified by this Court. 5. Per contra, learned AGA for respondent Nos.1 and 2 and learned counsel for respondent No.3 jointly submit that they have no objection for the order dated 02.07.2024 passed in W.P.No.10045/2024 to be modified by directing respondent Nos.1 and 2 to consider the application of respondent No.3 as well as provide an opportunity to the petitioner also and pass appropriate orders in accordance with law. 6. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to modify the final order dated 02.07.2025 passed in - 6 - NC: 2025:KHC:12191 WP No. 27968 of 2024 W.P.No.10045/2024 by directing the concerned respondent Nos.1 and 2 to reconsider the application of respondent No.3 bearing in mind the observations made in the said order after providing sufficient and reasonable opportunity to the petitioner herein as well as respondent No.3 herein and by hearing them in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. 7. Subject to the aforesaid modification of the final order dated 02.07.2024 passed in W.P.No.10045/2024, the present petition stands disposed of. SV; List No.: 1 Sl No.: 84 Sd/- (S.R.KRISHNA KUMAR) JUDGE