IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.45043/2019 (GM-PDS) 43474 BETWEEN:
Smt. Bharathi, Aged about 51 years, W/o. late G. Swamy, R/o. Cheeranahalli Village, Hebbal Hobli, K.R. Nagar Taluk, Mysore District – 570 001.
(By Sri H.C. Shivaramu, Advocate) AND:
… Petitioner 1. State of Karnataka, Represented by its Principal, Secretary to Government, Department of Food and Civil Supplies, Vikas Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru – 560 001.
2. The Joint Director of Food and Civil Supplies, Mysore District, Mysore – 570 001.
3. The Thasildar, K.R. Nagar Taluk, K.R. Nagar, Mysore District – 570 001.
.... Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the endorsement dated 07.09.2019 issued by respondent No.2 at Annexure-B, declare that the Order 13 of the amendment of KEC (PDS) Control Order, 2016 cannot be made applicable to the case on hand and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner filed the present writ petition for writ of certiorari to quash the endorsement dated 07.09.2019 issued by the respondent No.2 made in No.Ja Ni My/Anukampa/05/2018-19 at Annexure-B and declare that the Order 13 of the amendment of KEC (PDS) Control Order, 2016 cannot be made applicable to the case on hand and to direct the respondent No.2 to consider the application filed by the petitioner dated 30.03.2019 produced at Annexure-A1 in terms of the order dated 08.02.2019 passed in W.P.No.1713/2018 at Annexure-C.
2. Sri H.C. Shivaram, learned counsel for the petitioner submits that the prayer No.2 may be dismissed as not pressed. Said submission of the learned counsel is placed on record. The prayer No.2 is dismissed as not pressed for time being.
3. It is the case of the petitioner that petitioner’s husband was granted with a licence by respondent No.3 under the provisions of the Essential Commodities Licensing Order, 1986 on 25.04.1991 to carry on the business of distribution of commodities to the card holder attached to his shop situated at Belamaranahalli Village, Vemgal Hobli, Kolar Taluk comes within the jurisdiction of K.R. Nagar Taluk, Mysore District. The petitioner’s husband died on 12.01.2019 leaving behind his wife and two daughters. Since there were no earning members in the family, the petitioner filed an application as per Annexure-A1 along with death certificate of her husband as per Annexure-A on 30.03.2019. The said application came to be rejected by respondent No.2 on 07.09.2019 as per Annexure-B on the ground that the petitioner not passed SSLC in view of clause 13 of the amended KEC (PDS) Control Order, 2016. Therefore, the petitioner is before this Court for the relief sought for.
4. I have heard the learned counsel for the parties to lis.
5. Sri H.C. Shivaram, learned counsel for the petitioner contended that in an identical circumstance, made in the writ petition No.17131/2018, this Court allowed the said writ petition on 08.02.2019 by quashing the identical endorsement issued by the respondent No.1 therein and directed the competent authority-respondent No.1 to consider the application within the time stipulated for transfer of the authorization on compassionate ground as expeditiously as possible. Therefore, he sought to allow the present writ petition.
6. Per contra Sri Sridhar N. Hegde, learned HCGP for respondents has not disputed the said statement made by learned counsel for the petitioner and fairly submits that the issue involved has already been decided by this Court in the said writ petition. The submission of the learned HCGP is placed on record.
7. In view of the above, the present writ petition is disposed off in the same terms of the order dated 08.02.2019 made in W.P.No.1713/2018. Accordingly, the impugned endorsement issued by respondent No.2 as per Annexure-B dated 07.09.2019 is hereby quashed and the respondent No.2 is directed to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from receipt of copy of this order.
Accordingly, the writ petition is disposed off.
Sd/- JUDGE PN/