IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.46498/2017 (GM-PDS) BETWEEN:
SRI RAGHAVENDRA PRASAD, S/O LATE S.G. RAMAIAH SHETTY, AGED ABOUT 44 YEARS, R/AT KODIGENAHALLI VILLAGE, GUTTERASTHE, KODIGENAHALLI POST AND HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT 572 127. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R., ADV. FOR SRI. SHIVARAMU H.C., ADV.) AND:
1. THE DEPUTY COMMISSIONER (FOOD) TUMKUR DISTRICT, TUMKUR-5721101 2. THE TAHSILDAR MADHUGIRI TALUK TUMKUR DISTRICT-572101 3. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT TUMKUR-572101 …RESPONDENTS (BY SRI. A. C. BALARAJ, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 20.09.2017 ISSUED BY R-3 IN HIS ORDER AT ANNEXURE-D 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 to 3 and file memo of appearance in four weeks.
2. The petitioner is before this Court assailing the endorsement dated 20.09.2017 at Annexure-D to the petition. In that light, the petitioner is seeking issue of mandamus to direct the respondents to consider the application filed by the petitioner in terms of the earlier orders passed by this Court.
3. The petitioner contends that his father late S.G.Ramaiah Shetty was granted the license/authorization to run the FPD point in the year 1987-88 and to distribute the food grains to the cardholders assigned to the father of the petitioner. The said license/authorization has been renewed from time to time and is valid till 31.07.2018. During its validity, the father of the petitioner expired on 07.08.2017. In that view, the petitioner has made the application dated 21.08.2017 seeking that the license/authorization be transferred to the name of the petitioner on compassionate grounds.
4. The respondent No.3 after considering the said application has issued the endorsement dated 20.09.2017 rejecting the request on the ground that the petitioner does not satisfy the age criteria as contemplated under Clause-13 of the regulations. In that view, the petitioner claiming to be aggrieved is before this Court in this petition.
5. Though contentions are urged in this petition, a consideration of the same in detail is not necessary inasmuch as this Court has while considering such contention relating to age criteria as also with regard to possession of the SSLC certificate has arrived at the conclusion that such conditions would not be justified while considering an application for transfer on compassionate grounds. In this regard, a reference to the order dated 20.02.2017 passed in W.P.No.6993/2017 as also the order dated 05.07.2017 passed in W.P.No.26444/2017 is relied on by the petitioner.
6. In that light, the endorsement dated 20.09.2017 issued to the petitioner is not justified. The same is accordingly quashed. A direction is issued to the respondent No.3 to reconsider the application filed by the petitioner on 21.08.2017 and pass appropriate orders to transfer the license/authorization to the name of the petitioner on compassionate grounds.
7. To enable such consideration, a copy of the application and a copy of this order be filed before the respondent No.3. The decision in that regard shall be taken by the respondent No.3 as expeditiously as possible but, not later than two months from the date on which a copy is submitted.
The petition is accordingly disposed of.
Sd/- JUDGE ST