IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.51102 OF 2019 (GM - PDS) BETWEEN:
Basavaraju, Aged about 37 years, S/o late Mariswamy, R/o Uppinakere Village, Maddur Taluk, Mandya District – 571 401. ...
Petitioner (By Ms.Anuja for Sri.H.C.Shivaramu, Advocates) AND:
1. State of Karnataka, Represented by its Principal Secretary to Government, Department of Food & Civil Supplies, Vikasa Soudha, Dr.B.R.Ambedkar Veedhi, Bengaluru – 560 001.
2. The Deputy Director for Food & Civil Supplies, Mandya District, Mandya – 571 401.
3. The Thasildar, Maddur Taluk, Mandya District – 571 401. … Respondents (By Sri.Sridhar N Hegde, HCGP) This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the endorsement dated 12.11.2019 issued by the R-2 at Annexure – B and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The petitioner in the above writ petition has sought for writ of certiorari to quash the endorsement dated 12.11.2019 issued by the 2nd respondent in No.Food/Nya Be Hum (1)/CR/15/2019-20 at Annexure-B and direct 3rd respondent to consider the application filed by the petitioner dated 22.10.2019 produced at Annexure A1 in terms of the order dated 08.02.2019 passed by this Court in W.P.No.17131/2018 at Annexure – C.
2. It is the case of the petitioner that Late Mariswamy father of the petitioner was granted licence by the competent authority to run Fair Price Depot at Uppinakere Village, Maddur Taluk, Mandya District for distribution of food grains to the card holders in the year 1992-93. The petitioner was assisting his father from his day-to-day business for distribution of food commodities. Unfortunately, petitioner’s father died on 04.09.2019 leaving behind his wife, petitioner and other family members. As there was no bread winner in the family, the petitioner has not passed SSLC and continue his studies due to financial problems. Therefore, the petitioner filed an application seeking for transfer of authorization on compassionate ground which came to be rejected by 2nd respondent. Therefore, the petitioner is before this Court.
3. I have heard the learned counsel for the parties to the lis.
4. Ms.Anuja, learned counsel for the petitioner reiterating the grounds urged in the petition contended that the impugned endorsement issued by 2nd respondent is erroneous and contrary to law and same to be set-aside. She further contended that amendment clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 being prospective cannot be made applicable retrospectively as the authorization was issued for the period 1992-93. She would further contend that the impugned endorsement issued by 2nd respondent is without proper application of mind and in violation of the dictum of this Court in the case of Smt.Pushpa V/s The Principal Secretary to Government of Karnataka, Department of Food and Civil Supplies made in W.P.No.17131/2018 dated 08.02.2019. Therefore, the learned counsel sought to allow the writ petition.
5. Per contra, Sri.Sridhar N.Hegde, learned HCGP appearing for respondents sought to justify the impugned endorsement and contended that amendment clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 the petitioner is not eligible. Hence, he sought to dismiss the writ petition.
6. Having heard the learned counsel for the parties, it is undisputed fact that the jurisdictional competent authority had granted authorization in favour of the father of the petitioner to run fair price depot at Uppinakere Village, Maddur Taluk, Mandya District in the year 1992-93. It is the specific case of the petitioner that his father died on 04.09.2019 therefore, he filed an application seeking transfer of authorization on compassionate ground. The 2nd respondent proceeded to reject his application for transfer of authorization on compassionate ground mainly on the ground that the petitioner has not passed SSLC. This Court in identical circumstances in the case of Smt.Pushpa V/s The Principal Secretary to Government of Karnataka, Department of Food and Civil Supplies made in W.P.No.17131/2018 dated 08.02.2019 while relying on the earlier judgment of this Court dated 20.02.2017 made in W.P.No.6993/2017, set aside the endorsement therein and directed the 1st respondent to consider the application for transfer of the authorization on compassionate ground within eight weeks. The said order passed by this Court has reached finality. In view of the above, impugned endorsement passed by the 2nd respondent cannot be sustained.
7. For the reasons stated above, writ petition is allowed. The impugned endorsement issued by 2nd respondent is hereby quashed. The respondent No.2 is hereby directed to consider the representation of the petitioner dated 22.10.2019 as per Annexure-A1 in the light of the order dated 08.02.2019 passed by this Court in W.P.No.17131/2018 within a period of eight weeks and in accordance with law.
Sd/- JUDGE UN