IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.54644/2017 (GM-PDS) BETWEEN:
SRI G. ANIL KUMAR S/O. LATE D. GOPAL AGED ABOUT 39 YEARS R/AT DURGI GUDI DURGAMMANA KERI SHIVAMOGGA. …PETITIONER (BY SRI BASAVARAJ T., ADV.) AND:
1. THE DEPUTY COMMISSIONER FOOD & CIVIL SUPPLY CONSUMER AFFAIRS SHIMOGA DISTRICT SHIMOGA-577 201.
2. THE DEPUTY DIRECTOR FOOD & CIVIL SUPPLY CONSUMER AFFAIRS SHIMOGA DISTRICT SHIMOGA-577 201. …RESPONDENTS (BY SRI A.C. BALARAJ, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 QUASHING THE IMPUGNED ENDORSEMENT DATED 24.11.2017 VIDE ANNEXURE-C TO THIS W.P. AND ETC.
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 and 2 and file memo of appearance in four weeks.
2. The petitioner is before this Court assailing the endorsement dated 24.11.2017 at Annexure-C to the petition. The father of the petitioner was granted authorization to distribute food grains and kerosene oil to the cardholders. The authorization which had been granted had been renewed from time to time. When this was the position, the father of the petitioner expired on 02.05.2017. In that view, the petitioner has filed the application seeking transfer of authorization on compassionate grounds. The respondent No.2 has issued the endorsement dated 24.11.2017 rejecting the application of the petitioner on the ground that the petitioner does not satisfy the requirement under Clause-13 relating to age criteria. The petitioner therefore claiming to be aggrieved is before this Court.
3. Though contentions are urged herein, the details of the same need not be adverted inasmuch as the said issue has already been considered by this Court in W.P.No.204335/2014 dated 17.11.2014 and the same has also been followed in W.P.No.41523/2017 dated 11.09.2017. In all such similar cases, the endorsement similar to the one impugned herein has been quashed and direction has been issued to consider the application.
4. In that view, the impugned endorsement dated 24.11.2017 (Annexure-C) is quashed. A direction is issued to the respondent No.2 to consider the application filed by the petitioner dated 04.08.2017 seeking transfer of authorization on compassionate grounds and pass orders thereon as expeditiously as possible but, not later than two months from the date on which a copy is furnished.
The petition is accordingly disposed of.
Sd/- JUDGE ST