IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE A.S.BOPANNA Writ Petition No.47799/2017 (GM-PDS) Between :
Smt. D.N.Manjula, Aged about 45 years, W/o late B.L.Prabhakar, Resident of Bhuhalli Village, Kadahalli Post, Saathanur Hobli, Kanakapura Taluk, Ramanagara District-562126. .. Petitioner ( By Sri Harshakumar Gowda H.R., Advocate ) And :
1. The Deputy Commissioner Ramanagara District, Ramanagara-562126.
2. The Tahsildar, Kanakapura Taluk, Ramanagara-562126. .. Respondents ( By Sri A.C.Balaraj, HCGP) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned endorsement dated 20.5.2017, issued by the R-1 vide Annexure-C and to issue a writ of mandamus to the R-1 to transfer the authorization in favour of the petitioner considering the application filed by the petitioner dated 30.3.2017 at Annexure-B forthwith in terms of the order passed in WP.No.22448/2015, dated 21.9.2016 and WP.No.6993/2017, dated 20.2.2017 vide Annexures-D and D1 respectively.
This Writ Petition coming on for Orders this day, the Court made the following :
ORDER The petitioner is before this Court assailing the endorsement dated 20.5.2017 at Annexure-`C’ to the petition. The petitioner is seeking writ of mandamus to transfer the authorization in favour of the petitioner on considering the application dated 30.3.2017.
2. The husband of the petitioner, late B.L.Prabhakar, was issued the authorization for distribution of food grains and kerosene oil to the card holders in Bhuhalli village, Sasthanur Hobli, Kanakapura Taluk, Ramangara District. The authorization was renewed from time to time and was valid up to 31.12.2017. When this was the position, the husband of the petitioner expired on 25.2.2017. In that light, the petitioner made an application seeking transfer of the authorization on compassionate grounds. The respondent No.1 through an endorsement dated 20.5.2017, has declined the request of the petitioner on the ground that she has not completed her 10th standard and therefore, she would not be entitled under the Regulations. It is in that view, the petitioner is before this Court.
3. Though contentions are urged in the petition, the same need not be adverted to in detail, inasmuch as, the said issue had arisen for consideration before this Court as far back as on 21.11.2008 in Writ Petition No.8586/2006, wherein this Court has held that such condition imposing that the applicant should pass the 10th standard, is not justified. The said order has been relied upon by this Court in several petitions, including Writ Petition No.22448/2015, dated 21.9.2016.
4. In that view of the matter, since a similar endorsement had been quashed in the said proceedings, the instant endorsement dated 20.5.2017, not being sustainable, is also quashed. A direction is issued to the respondent No.1 to reconsider the application filed by the petitioner dated 30.3.2017 for transfer of authorization on compassionate grounds and such consideration shall be made within a period of two months from the date on which the copy of this order is furnished.
Writ Petition is disposed of accordingly.
The learned Government Advocate to file his memo of appearance within four weeks.
Sd/- JUDGE *bk/-