IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.46695/2017 (GM-PDS) BETWEEN:
N.S. BASAVARAJU SON OF LATE SANNA LINGAPPA, AGED ABOUT 45 YEARS, NADAGATTE, HULIKONTE HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 140. ... PETITIONER (BY SRI. ABHINAY Y.T., FOR SRI. N.S. SANJAY GOWDA, ADV.) AND:
1. THE COMMISSIONER FOR FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU-560 052.
2. THE DEPUTY COMMISSIONER (FOOD) TUMKUR DISTRICT, TUMKUR-572 101.
3. THE DEPUTY DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, TUMKUR DISTRICT-572 101, TUMKUR.
4. THE THASILDAR SIRA TALUK, SIRA, TUMKUR DISTRICT-572 101. ... RESPONDENTS (BY SRI. A.C.BALARAJ, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:11.9.2017 PASSED BY THE R-2 [ANNEXURE-B] IF NECESSARY BY HOLDING THAT THE PROVISO TO CLAUSE 13 OF THE KARNATKAA ESSENTIAL COMMODITIES PDS [CONTROL] ORDER, 1992 IN SO FAR AS IT STIPULATES AN AGE LIMIT OF 30 YEARS FOR TRANSFER OF AUTHORIZATION AS ARBITRARY AND DISCRIMINATORY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate to accept notice for respondents No.1 to 4 and file memo of appearance in four weeks.
2. The petitioner is before this Court assailing the endorsement dated 11.09.2017 at Annexure-B to the petition. In that light, the petitioner is seeking transfer of authorization on compassionate grounds. The father of the petitioner late Sannalingappa was the authorization/license holder for distribution of food grains for the past two decades. When this was the position, the father of the petitioner expired on 30.05.2017. It is in that view, the petitioner made an application seeking transfer of authorization/license on compassionate grounds.
3. The respondent No.2 having taken note of the same has rejected the request of the petitioner through the endorsement dated 11.09.2017 (Annexure-B). The reasons as assigned by the respondent No.2 is that the petitioner does not satisfy the age criteria as provided under the Regulations.
4. Though contentions are urged in this petition, the details of the same need not be adverted to inasmuch as the said issue has already been considered by this Court and through the order passed in W.P.No.204335/2014 dated 17.11.2014, this Court has held that such imposition of condition relating to age is not justified. The said order has been relied upon in several writ petitions before this Court including in W.P.No.3150/2017 dated 02.02.2017.
5. In that view of the matter, the endorsement dated 11.09.2017 impugned herein would not be sustainable, the same is accordingly quashed. A direction is issued to the respondent No.2 to consider the request of the petitioner seeking transfer of authorization from the name of his father to that of the petitioner as expeditiously as possible but, not later than two months from the date on which a copy of this order is furnished.
The petition is accordingly disposed of.
Sd/- JUDGE ST