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.46109/2017 (GM-PDS) BETWEEN:
SRI K.N.SRINATH S/O.LATE K.N.NARASIMIAH SHETTY, AGED ABOUT 39 YEARS RESIDENT OF RAJAKALLAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK AND DISTRICT, KOLAR-563 101. ... PETITIONER (BY SRI. G. PAPI REDDY, ADV.) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER (FOOD), KOLAR DISTRICT, KOLAR-563 101. ... 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 ENDORSEMENT DTD:12.6.2017 ISSUED BY R-2 VIDE ANNEXURE-E AND DIRECT THE RESPONDENTS TO GRANT AUTHORIZATION TO RUN A FAIR PRICE DEPOT AT RAJAKALLAHALLI VILLAGE TO THE PETITIONER FOR DISTRIBUTION OF ESSENTIAL COMMODITIES TO THE RATION CARD HOLDERS ON COMPPASIONATE GROUNDS.
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 12.06.2017 at Annexure-E to the petition. In that light, the petitioner is seeking transfer of authorization on compassionate grounds. The father of the petitioner late K.N.Narasimiah Shetty was granted the authorization/license for distribution of food grains in the year 1986. The authorization was renewed from time to time. When this was the position, the father of the petitioner expired on 25.10.2016. 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 12.06.2017 (Annexure-E). 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.17617/2017 dated 27.04.2017.
5. In that view of the matter, the endorsement dated 12.06.2017 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