IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD W.P. NO.1139 OF 2019 (GM – PDS) BETWEEN:
B.R.RAGHAVENDRASWAMY, S/O LATE L.RAMASWAMY, AGED ABOUT 34 YEARS, R/O BANNUR, T.NARASIPURA TALUK, MYSORE DISTRICT – 570 001. ... PETITIONER (By Sri.H.C.SHIVARAMU, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD & CIVIL SUPPLIES, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. THE JOINT DIRECTOR FOR FOOD AND CIVIL SUPPLIES, MYSORE DISTRICT, MYSORE – 570 001.
3. THE THASILDAR, T.N.PURA TALUK, T.NARASIPUR, MYSORE DISTRICT – 570 001. ... RESPONDENTS (By Smt. H.C.KAVITHA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSMENT DATED 10.12.2018 ISSUED BY THE R-2 PRODUCED AT ANNEXURE – B AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondents.
2. The petitioner’s father was granted license to run a Fair Price Shop at Bannur Town, T. Narasipura Taluk. The petitioner’s father died on 04.04.2015. Thereafter, the petitioner submitted a requisition, which is dated 29.04.2015 for assignment of license to run aforesaid Fair Price Shop in his favour on compassionate grounds. The respondent No.2 issued impugned Endorsement dated 10.12.2018 citing Rule 13 of the Karnataka Essential Commodities (Public Distribution) System Control Order 2016.
4. The respondent No.2 has informed the petitioner that assignment would be permissible in terms of Rule 13 of the aforesaid Rules only if the deceased licensee was aged below 60 years as of the date of his demise and the applicant/dependant, who seeks license on compassionate grounds, is below the age of 30 years. However, the petitioner’s father was aged above 60 years as of the date of his death and the petitioner is aged 34 years. Therefore, the authorization/ license to run the Fair Price Shop cannot be transferred/ assigned in favour of the petitioner.
5. This Court in W.P. No. 204335/2014 vide order dated 17.11.2014, in similar circumstances, has conclusively held that the transfer of authorization/license on compassionate grounds is distinct and separate from seeking fresh authorization or transfer/assignment of authorization, and set aside the similar Endorsement with a direction to the respondent No.3 to consider the petitioner’s application expeditiously but within an outer limit of four weeks as contemplated therein. Following this order, multiple similar writ petitions have been allowed by this Court. The learned High Court Government Pleader is unable to point out why the benefit of similar orders should be denied to the petitioner.
6. In the facts and circumstances of the case, and the different orders passed by this Court in the aforesaid writ petition, the following order is made:
i) The writ petition is disposed of.
ii) The impugned Endorsement dated 10.12.2018 is quashed.
iii) The respondent No.2 is directed to consider the petitioner’s application seeking transfer of authorization/license on compassionate grounds and pass orders within a period of four weeks from the date of receipt of copy of this order.
Smt. H. C. Kavitha, the learned High Court Government Pleader, is permitted to file memo of appearance for the respondents within a period of four weeks.
SD/- JUDGE AN/-