IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE 2017 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI W.P.No.27421 OF 2017 [GM-PDS] BETWEEN SRI MANMOHANKUMAR V C S/O LATE CHANDREGOWDA V D AGED ABOUT 31 YEARS R/AT VITTALAPURA BOOKINAKERE HOBLI K R PETE TALUK MANDYA DISTRICT – 571 426 ... PETITIONER (BY:SRI SHARATH S.GOWDA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA MINISTRY OF CIVIL SUPPLIES CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT VIKASA SOUDHA, AMBEDKAR VEEDHI BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER DEPARTMENT OF FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS, D C OFFICE MANDYA DISTRICT MANDYA – 571 001 3. THE TAHASILDAR K R PETE, MANDYA DISTRICT PIN – 562 117 ... RESPONDENTS (BY:SRI A C BALARAJ, H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 17.4.2017 ISSUED BY THE R2 VIDE ANNEXURE – A AND DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE PEITIONER’S APPLICATION FOR TRANSFER OF AUTHORIZATION ON COMPASSIONATE GROUND.
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri A.C.Balaraj, the learned Government Pleader takes notice for the respondents.
2. The petitioner is seeking the writ of certiorari for quashing the endorsement, dated 17.4.2017 (Annexure-A).
3. The facts of the case in brief are that the petitioner’s father was given the authorization for distribution of essential commodities to the ration card-holders. He died on 14.12.2016. The petitioner sought the transfer of authorization on compassionate grounds. The respondent No.2 issued the impugned endorsement turning down the petitioner’s request on two grounds: (i) petitioner’s father was aged above 60 years at the time of his death and (ii) the petitioner is aged above 30 years at the time of seeking the transfer of authorization.
4. Sri Sharath S. Gowda, the learned counsel for the petitioner submits that the issue is fully covered by this Court’s orders, dated 17.11.2014 in W.P.No.204335/2014, dated 14.10.2015 in W.P.No.204694/2015 and dated, 12.4.2017 in W.P.No.15478/2017.
5. Sri A.C.Balaraj, the learned Government Pleader appearing for the respondents submits that the petitioner is to be relegated to the appeal remedy provided under Clause 17 of the Karnataka Essential Commodities Public Distribution (Control) Order, 2016.
6. As the issue is no more res integra, I do not propose to relegate the petitioner to the appeal remedy. In the cases referred to by the learned counsel for the petitioner, similar endorsements are quashed. Following the said decisions, I quash the impugned endorsement and direct the second respondent Deputy Commissioner to reconsider the petitioner’s request for transfer of authorization from his father to him on compassionate grounds. The respondent No.2 shall not reject the petitioner’s application for transfer of authorization only on the grounds that the petitioner’s father was aged above 60 years at the time of his death and/or that the petitioner was above 30 years of age at the time of seeking the transfer of authorization. It is open to the respondent No.2 to examine whether the petitioner meets all other eligibility criteria for transferring the authorization and pass appropriate orders in accordance with law and as expeditiously as possible and in any case within two months from the date of the issuance of the certified copy of today’s order.
7. No order as to costs.
Sd/- JUDGE VGR