(1.) Petitioner is before this court under Article 226 of the Constitution of India challenging the Endorsement dtd. 1/4/2023 in No.FPS/NUM.KA/10/2022-23 (compassionate) by respondent No.2 at Annexure-B.
(2.) Heard Shri H.C.Shivaramu, learned counsel for the petitioner and learned Government Advocate for the State.
(3.) The precise issue involved in this case is regarding allotment of fair price depot on compensatory grounds in favor of the petitioner on account of death of her husband-Shri M.Shivanagappa, who died on 2/12/2022. The petitioner is declined to grant fair price shop on the ground that her husband died at the age of 66 years and she has not passed SSLC. In a similar circumstance, the Co-ordinate bench of this court in W.P.No.23582/2022 by order dtd. 1/12/2022 referring to order of this court in W.P.No.17048/2021 disposed on 2/9/2021 has directed the respondents to reconsider the application of the petitioner bearing in mind the observations made therein and also in W.A.No.932-933/1974 disposed on 11/12/1974. In the light the matter has already being covered by the findings of this court, this petition deserves to be allowed and the respondents are required to reconsider the representation of the petition in the light of observations already made by this court. In the result, the following;