IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition No. 41410 of 2018 (gm-pds) Between :
SRI. SURESH REDDY B. P SON OF LATE R PANDUREDDY, R/AT RAMATHEETHA VILLAGE, BANUVALLI (POST)-577 516 HARIHAR(TALUK) DAVANAGERE DISTRICT (BY SRI. SIDDAPPA B. M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS M. S. BUILDING, BANGALORE - 560 001.
REPRESENTED BY ITS SECRETARY.
2. THE COMMISSIONER FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS CUNNINGHAM ROAD BANGALORE.
3. THE JOINT DIRECTOR FOOD,CIVIL SUPPLY AND CONSUMER AFFAIRS DEPARTMENT DAVANAGERE DISTRICT DAVANAGERE.
(BY SMT. H.C. KAVITHA, HCGP) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 DATED 14.09.2018 PRODUCED AS ANNEXURE-D TO THE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is listed for hearing on IA No.1/2018 filed by the petitioner for consideration of the interim prayer.
2. Sri B.M. Siddappa, the learned Counsel for the petitioner, submits that the matter could be taken up for final disposal in view of the fact that this Court in other matters has considered similar questions. As such, heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondents.
3. The petitioner’s father was granted license to run a Fair Price Shop at Ramatheertha Village, Harihar Taluk. The petitioner’s father died on 31.08.2018. Thereafter, the petitioner submitted a requisition, which is dated 12.09.2018 for assignment of license to run aforesaid Fair Price Shop in his favour on compassionate grounds. The respondent No.3 issued impugned Endorsement dated 14.9.2018 citing Rule 13 of the Karnataka Essential Commodities (Public Distribution) System Control Order 2016.
4. The respondent No.3 has informed the petitioner that assignment would be permissible in terms of Rule 13 of the aforesaid Rules only if the deceased licensee was aged below 60 years as of the date of his demise and the applicant/dependant, who seeks license on compassionate grounds, is below the age of 30 years. However, the petitioner’s father was aged 67 years as of the date of his death and the petitioner is aged 33 years. Therefore, the authorization/ license to run the Fair Price Shop cannot be transferred/ assigned in favour of the petitioner.
5. This Court in W.P. No. 204335/2014 vide order dated 17.11.2014, in similar circumstances, has conclusively held that the transfer of authorization/license on compassionate grounds is distinct and separate from seeking fresh authorization or transfer/assignment of authorization, and set aside the similar Endorsement with a direction to the respondent No.3 to consider the petitioner’s application expeditiously but within an outer limit of four weeks as contemplated therein. Following this order, multiple similar writ petitions have been allowed by this Court. The learned High Court Government Pleader is unable to point out why the benefit of similar orders should be denied to the petitioner.
6. In the facts and circumstances of the case, and the different orders passed by this Court in the aforesaid writ petition, the following order is made:
i) The writ petition is disposed of.
ii) The impugned Endorsement dated 14.09.2018 is quashed.
iii) The respondent No.3 is directed to consider the petitioner’s application seeking transfer of authorization/license on compassionate grounds and pass orders within a period of four weeks from the date of receipt of copy of this order.
Smt. H. C. Kavitha, the learned High Court Government Pleader, is permitted to file memo of appearance for the respondents within a period of four weeks.
SD/- JUDGE SA