IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.46694/2017 (GM-PDS) BETWEEN:
SMT. SAYEEDA BEGUM W/O MOHAMMED USMAN AGEDA BOUT 62 YEARS R/AT JAIBHARATH NILAYA TANK BUND ROAD OPP:BHAGVAN ASHRAMA SHIMOGA-577201 [ (BY SRI BASAVARAJ T, ADV.) AND:
... PETITIONER 1. THE DEPUTY COMMISSIOENR FOOD & CIVIL SUPPLY CONSUMER AFFAIRS SHIMOGA DISTRICT SHIMOGA-577201 2. THE DEPUTY DIRECTOR FOOD & CIVIL SUPPLY CONSUMER AFFAIRS SHIMOGA DISTRICT SHIMOGA-577201 ... RESPONDENTS (BY SRI A C BALARAJ, HCGP.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECTION TO THE R-2 QUASHING THE IMPUGNED ENDORSEMENT DATED 29.08.2017 VIDE ANNEX-C AND DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 04.04.2017 VIDE ANNEX-B AND IN TERMS OF THE ORDER PASSED IN W.P.NO.204335/2014 DATED 17.11.2014 AND ORDER PASSED IN W.P.NO.49519/2016 DATED 26.10.2016 VIDE ANNEXURES-D AND E FORTHWITH FOR TRANSFER OF AUTHORIZATION ON COMPASSIONATE GROUND IN FAVOUR OF THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Government Advocate to accept notice for respondents No. 1 and 2 and file memo of appearance in four weeks.
2. The petitioner is before this Court assailing the endorsement dated 29.08.2017 and in that light is seeking consideration of the application dated 04.04.2017 in terms of the earlier orders passed by this Court.
3. The petitioner contends that her husband was granted the licence/authorisation to distribute the food grains and kerosene to the card holders, the licence had been renewed from time to time and was valid as on the date 13.03.2017 i.e., when her husband expired. The petitioner had made representation/application dated 04.04.2017 requesting transfer of authorization/ licence to the name of the petitioner on compassionate grounds. Respondent No.1 through the impugned endorsement dated 29.08.2017 has rejected the application as the petitioner has not completed her S.S.L.C. and also in view of the age limit prescribed under the Regulations for consideration of the application for transfer of authorization on compassionate grounds. The petitioner therefore claiming to be aggrieved is before this Court in this petition.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate, the detailed consideration of the contentions as put forth is not necessary inasmuch as the very issue with regard to prescription of the age limit for the purpose of consideration of an application for transfer of authorization/licence on compassionate grounds had arisen for consideration before this Court in W.P.No.204335/2014. This Court through the order dated 17.11.2014 has held that the same would not be justified and in that light, having quashed the endorsement had directed consideration of the application. Based on the said order, similar consideration has been made by this Court in several petitions including W.P.No.49519/2016 dated 26.10.2016. In that view, a similar consideration is necessary in this petition.
Accordingly, the endorsement dated 29.08.2017 is quashed. A direction is issued to respondent No.1 to reconsider the application/representation filed by the petitioner and consider the request for transfer of authorization on compassionate grounds as expeditiously as possible, but not later than eight weeks from the date on which a copy of this order is furnished.
The petition is disposed of accordingly.
Sd/- JUDGE hrp/bms