Distribution Of State Largesse Must Be Reasonable, Policies Cannot Be Construed By Keeping Common Sense In "Cold Storage": Karnataka High Court
Live LawState instrumentalities under Article 12 of the Constitution cannot act arbitrarily or unreasonably whilst considering the claim of citizens for the grant of State largesse, the Karnataka High Court has said. A single judge bench of Justice Krishna S Dixit allowed the petition filed by a woman H. Gayathri seeking a direction to consider her application for awarding the retail outlet dealership on Besant Park Road at Doddaballapur by issuing an addendum to the Letter of Intent dated 30.06.2016 for incorporating alternate land, the one proposed earlier now not being available. The respondent Union of India opposed the plea saying the petitioner could have approached the Grievance Redressal Cell availing in the official hierarchy and that the policy then in obtainment did not provide for consideration of applications of the kind in respect of lands other than the ones offered in the very application itself, although the new policy of 2018 would provide for that. "The policy in question cannot be treated as a statutory instrument having no elements of elasticity; the fact that the new policy allows offering of alternate land, itself would come to the aid of petitioner.What heavens would have fallen down had the proposal for alternate land was considered by the statutory authority in compliance with the 2018 new policy, is not forthcoming despite lengthy arguments submitted on behalf of answering respondents; in construing policies of the kind common sense cannot be kept in cold storage," the Court said. In this backdrop the Court observed, "The application of the kind cannot be treated as land specific disregarding the difficulties that crop up in the arrangements of the kind and that what is to be seen by the authorities in the changed circumstances is the feasibility of considering the application in respect of alternate land offered.Contention of Panel Counsel appearing for the answering respondents that under the new policy of 2018 although there is scope for having the alternate land subject to feasibility, the policy then obtaining earlier did not admit of the proposal for alternate land, is bit difficult to agree with."
History of this topic
Karnataka High Court Weekly Roundup: January 1 To January 12, 2025
Live Law
MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court
Live Law
Karnataka High Court Weekly Roundup: May 27 - June 02, 2024
Live Law
Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
Live Law
Karnataka High Court Quarterly Digest: July To September, 2022 [Citations 238 - 385]
Live Law
Suit For Partition & Separate Possession Can't Be Rejected At Threshold On Ground Of Limitation: Karnataka High Court
Live Law
Karnataka High Court Weekly Round Up: June 6 To June 12, 2022
Live Law
Accused Can't Invoke High Court's Jurisdiction Under Art. 226 Or U/S 482 CrPC Through His Power Of Attorney: Karnataka High Court
Live Law
Karnataka High Court Monthly Digest: January 2022
Live Law
Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB
Live LawDiscover Related