IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50844/2019(GM-PDS) S. N. KIRAN KUMAR AGED ABOUT 35 YEARS S/O LATE NARAPPA R/O PALLAGATTE VILLAGE AND POST JAGALUR TALUK DAVANAGERE DISTRICT.
(BY MS. ANUJA, ADVOCATE FOR SRI H. C. SHIVARAMU, ADVOCATE) AND:
1 . STATE OF KARNATAKA REPRESENTED BY IT PRINCIPAL SECRETARY TO GOVERNMENT ...PETITIONER 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, DAVANAGERE DISTRICT, DAVANAGERE-587702.
3 . THE THASILDAR, JAGALUR TALUK, DAVANAGERE DISTRICT-587702.
…RESPONDENTS (BY SRI SRIDHAR N HEGDE, HIGH COURT GOVERNMENT PLEADER) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 04.11.2019 ISSUED BY THE R-2 AT ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner filed the Memo dated 19.11.2019 stating that he would not press the prayer (ii), for the time being. The Memo is placed on record. Prayer (ii) is dismissed as not pressed, for the time being.
2. The petitioner filed the present writ petition seeking to quash the endorsement dated 04.11.2019 issued by the respondent No.2 vide Annexure-B and for a direction to the respondent No.3 to consider the application filed by the petitioner dated 28.10.2019 produced at Annexures-A1 and A2 in terms of the order dated 08.02.2019 passed this Court in W.P.No. 17131/2018 vide Annexure-C, forthwith.
3. It is the case of the petitioner that the father of the petitioner late Narappa was granted authorization in the year 1991-92 under the provisions of Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, with effect from 11.11.1992, by the competent authority for distribution of essential commodities to the card holders of Pallagatte village, Jagalur Taluk, Davanagere District. The petitioner’s father, while carrying on the business, died on 22.09.2019 leaving behind his wife and three children including the petitioner who has completed his SSLC and could not prosecute further studies due to financial problem. Therefore, the petitioner made representation dated 28.10.2019 to the respondent Nos.2 and 3 seeking transfer of authorization in his favour on compassionate grounds, which came to be rejected by the respondent No.2 by the Order dated 04.11.2019, mainly on the ground that the petitioner is aged 35 years, whereas under the Control Order, the applicant must be aged between 18 to 30 years. Therefore, petitioner is not entitled for transfer of authorization. Hence the present writ petition is filed for the relief sought for.
4. I have heard the learned counsel for the parties to the lis.
5. Ms.Anuja, learned counsel for Sri H.C. Shivaramu, learned counsel for the petitioner, reiterating the grounds urged in the writ petition, contended that the impugned endorsement issued by the second respondent as per Annexure-B is contrary to the amended provisions of clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order. The amendment has prospective effect and it cannot be made applicable retrospectively, as the petitioner’s father had obtained the authorization in 1992 itself. The respondent No.2 erred in not noticing that the petitioner’s father was issued with authorization in the year 1992. She contended that, in identical circumstances, this Court, in the case of Smt. Pushpa vs. The Prl. Secretary to Government and others made in W.P.No.17131/2018 dated 08.02.2019, has quashed the similar endorsement and directed the authorities to consider the representation of the petitioner therein for transfer of the authorization on compassionate grounds as expeditiously as possible, but not later than eight weeks. The said order has reached finality. Therefore, she sought to allow the writ petition.
6. Per contra, Sri Sridhar N. Hegde, learned High Court Government Pleader, sought to justify the impugned action of the respondents and contended that in terms of the amended provisions of clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order, authorization cannot be transferred in the name of the petitioner on compassionate grounds, since the petitioner’s father died when he was more than 65 years of age. Therefore, he sought to dismiss the writ petition.
7. Having heard the learned counsel for the parties, it is undisputed fact that the father of the petitioner late Narappa was granted authorization to run the fair price depot in the year 1992. The same was renewed from time to time, till his death in the year 2019. After his death, the petitioner who is the son of late Narappa, made a representation seeking transfer of the authorization which came to be rejected mainly on the ground that the petitioner is aged 35 years and his father was aged more then 65 years as on the date of his death, whereas, for transfer of authorization on compassionate grounds, the applicant’s age must be between 18 to 30 years.
8. Though the learned HCGP sought to justify the impugned endorsement, the fact remains that, in identical circumstances, this Court, in the case of Smt. Pushpa vs. The Prl. Secretary to Government and others made in W.P.No.17131/2018 dated 08.02.2019, quashed the similar endorsement and directed the authorities to consider the application of the petitioner therein to transfer the authorization on compassionate grounds. The said order has reached finality. In order to maintain parity and equity under Article 14 of the Constitution of India, petitioner is also entitled to similar relief.
9. In view of the above, the writ petition is allowed.
The impugned endorsement dated 04.11.2019 vide Annexure-B is hereby quashed. The respondent No.2 is directed to consider the representation of the petitioner for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date of receipt of certified copy of this order, and pass appropriate orders in accordance with law.
Sd/- JUDGE kcm