IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.17195/2017 (GM-PDS) BETWEEN:
SRI PAUL MENDONCA, S/O.LATE THOMS MENDONCA, AGED ABOUT 47 YEARS, PEARL COTE, KALPANE, KULASHEKARA POST, MANGALURU-575 005. …PETITIONER (BY SRI KESAVAREDDY M., ADV.) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPT. OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS (PROCUREMEN AND DISTRIBUTION BRANCH), BENGALURU-560 001. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER/ORDERS AND STRIKE DOWN CLAUSE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER 2016, AS OPPOSED TO THE PRINCIPLE OF EQUALITY BEFORE LAW ENSHRINED UNDER ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Office objection is over rued.
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 seeking that Clause-13 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 be struck down. In that light, the petitioner is seeking that the endorsement dated 28.02.2017 at Annexure-E be quashed and the application filed by the petitioner seeking transfer of authorization be considered.
3. The petitioner claims that the authorization for distribution of essential commodities was given to the mother of the petitioner on transfer earlier. Since, the mother of the petitioner has expired on 09.01.2017, the petitioner has filed an application seeking transfer of license on compassionate ground. On consideration of the application, the respondent No.2 has issued the endorsement dated 28.02.2017, whereby it is indicated that the mother of the petitioner was aged about 81 years and as such, the consideration could not be made, more particularly in a circumstance where the petitioner is also aged about 47 years.
4. The said issue has already been considered by this Court in several writ petitions, more particularly in W.P.No.204335/2014 dated 17.11.2014 and W.P.No.6993/2017 dated 20.02.2017, wherein this Court has held that the restriction as contained in Clause-13 cannot be applied to the transfer of authorization on compassionate grounds. In that view, the endorsement of a similar nature had been quashed in the said proceedings.
5. Therefore, in the instant case, though the petitioner has sought for striking down Clause-13, the need to do so would not arise. But, in any event, the correctness or otherwise of the endorsement on being considered in terms of the orders referred earlier, it would be seen that the reasons assigned would not be justified.
6. In that view, the endorsement dated 28.02.2017 is quashed. A direction is issued to the respondent No.2 to consider the application of the petitioner seeking transfer of authorization on compassionate grounds. Such consideration shall be made 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