IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.50254 OF 2019 (GM -PDS) BETWEEN:
JAGANNATH AGED ABOUT 47 YEARS S/O. C.P. JAYARAMA REDDY R/O. CHANNAPURA VILLAGE AVANI HOBLI MULBAGAL TALUK KOLAR DISTRICT-563 101. ... PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD & CIVIL SUPPLIES, VIKAS SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER (FOOD) KOLAR DISTRICT, KOLAR-563 101.
3. THE DEPUTY DIRECTOR FOR FOOD & CIVIL SUPPLIES, KOLAR DISTRICT KOLAR-563 101.
4. THE THASILDAR MULBAGAL TALUK, KOLAR DISTRICT-563101.
… 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 19.10.2019 ISSUED BY THE R-3 AT ANNX.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 issuance of writ of certiorari or similar writ or order or direction to quash the endorsement dated 19.10.2019 issued by the third respondent in No.DRA/CR/85/2019-20 at Annexure-B; declare that the order 13 of the amendment of Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 cannot be made applicable to the case on hand and issue a writ of mandamus to the third respondent to consider the application filed by the petitioner dated 11.09.2019 produced at Annexures – A1 and A2 in terms of the order dated 08.02.2019 passed in W.P.No.17131/2018 at Annexure - C.
2. It is the case of the petitioner that the petitioner’s father was granted license and authorization to run the Fair Price Depot at Chennapura Village for distribution of food commodities comprising of four villages for the year 1985-86 on the basis of authorization issued by the concerned authority. After the Karnataka Essential Commodities (Public Distribution System) Control Order came into force in the year 1992, the 2nd respondent who is competent authority issued authorization to the petitioner under the said provision which is being renewed once in three years. Subsequently, the petitioner father died on 04.09.2019 leaving behind his wife and petitioner herein. The petitioner who has passed SSLC was unable to prosecute further studies due to financial problem. Therefore, the petitioner filed an application seeking for transfer of authorization on compassionate ground. The 4th respondent forwarded the report to the 3rd respondent stating that the petitioner is aged about 47 years at the time of filing the application and the petitioner’s father died at the age of 78 years. The 3rd respondent relying upon the amended provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2017 issued an endorsement as per Annexure-B rejecting the application filed by the petitioner. Therefore, the petitioner is before this Court.
3. I have heard the learned counsel for the parties to the lis.
4. Sri.Shivaramu H.C, learned counsel for the petitioner contended that the impugned endorsement issued by respondent No.3 is erroneous and contrary to law. He would further contend 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 1985-86. He would further contend that the 3rd respondent erred in rejecting the application filed by the petitioner instead of forwarding the same to the 2nd respondent under the old statute and ought to have considered the same.
5. The learned counsel further contended that in an identical circumstances, this Court by order dated 08.02.2019 made in W.P.No.17131/2018 has disposed off the endorsement issued thereon and directed the authority to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground. The said order passed by this Court has reached finality. Therefore, he sought to allow the writ petition.
6. Sri.Sridhar.N.Hegde, learned HCGP appearing for respondents has not disputed the fact that the father of the petitioner was running a Fair Price Depot and authorization was issued in the year 1985-86 and he died on 04.09.2019. The authority has rejected the application mainly on the ground that the age of petitioner’s father at the time of death was 78 years and petitioner was aged 47 years relying upon the Karnataka Essential Commodities (Public Distribution System) Rules. He also not disputed the fact that 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 in W.P.No.17131/2018 by order dated 08.02.2019 quashed the similar endorsement and directed the respondent No.1 to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground.
7. In view of the above, writ petition is allowed.
The impugned endorsement issued by 3rd respondent is hereby quashed. The respondent No.3 is hereby directed to take note of the application filed by the petitioner and to consider the same for transfer of authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date of receipt of certified copy of this order.
Sd/- JUDGE UN