IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.55733/2017 (GM-PDS) BETWEEN:
SRI. NAGARAJ C S/O LATE CHANDRAPPA AGED ABOUT 30 YEARS, R/O. HAGALAKERI KAREHALLI (POST) HOSADURGA TALUK-577 527 CHITRADURGA DISTRICT. ... PETITIONER (BY SRI B.M. SIDDAPPA, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES M.S.BUILDING BENGALURU-560 001.
2. THE COMMISSIONER THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES CUNNINGHAM ROAD BENGALURU-560 052.
3. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577 501. ... 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 DATED 27.11.2017 ISSUED BY R-3 AT ANNEXURE-C.
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 to 3 and file memo of appearance in four weeks.
2. The petitioner is before this Court assailing the endorsement dated 27.11.2017 at Annexure-C to the petition. The father of the petitioner was issued the authorization/license for distribution of essential commodities at Hagalakeri Village. The same was renewed from time to time and is valid up to 31.10.2020. When this was the position, the father of the petitioner expired on 12.10.2017. The petitioner in that view had made a representation dated 16.11.2017 seeking transfer of authorization/license to the petitioner on compassionate grounds.
3. The respondent No.3 has issued the endorsement dated 27.11.2017 rejecting the claim of the petitioner on the ground that the petitioner does not satisfy the age criteria as provided under Clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. The petitioner claiming to be aggrieved by the same is before this Court in this petition.
4. The details of the contentions as urged in the petition need not be adverted to inasmuch as the issue relating to age criteria has already been considered by this Court in W.P.No.204335/2014 dated 17.11.2014 which has also been followed subsequently in similar petitions including W.P.No.5899/2017 dated 27.02.2017. Since, in all the said cases, a similar endorsement has been quashed, the endorsement dated 27.11.2017 impugned herein is also quashed. A direction is issued to the respondent No.3 to reconsider the application/representation filed by the petitioner and grant transfer of authorization on compassionate grounds. The decision in that regard shall be taken 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