IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition No. 912 OF 2019 (gm-pds) Between :
SMT. SUVARNAMMA AGED ABOUT 55 YEARS WIFE OF LATE. T. MALLIKARJUNAPPA RESIDENT OF KONASAGARA VILLAGE MOLAKALMUR TALUK CHITRADURGA DISTRICT – 577 501.
(BY SRI. H. C. SHIVARAMU , ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD AND CIVIL SUPLIES, VIKAS SOUDHA DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001.
2. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES CHITRADURGA DISTRICT CHITRADURGA – 577 501.
3. THE THASILDAR MOLAKALMUR TALUK MOLAKALMUR – 577 535.
(BY SMT. H.C. KAVITHA, HCGP ) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 29.12.2018 ISSUED BY THE R-2 PRODUCED AT ANNEXURE-B; DECLARE THAT THE ORDER 13 OF THE AMENDMENT OF KEC [PDS] CONTROL ORDER, 2016 AND 2017 CANNOT BE MADE APPLICABLE TO THE CASE ON HAND; ISSUE A WRIT OF MANDAMUS TO THE R-2 AND 3 TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 22.12.2018 AT ANNEXURE-A1 IN TERMS OF THE ORDER PASSED IN W.P.NO.34689 OF 2017 DATED 22.7.2017 FORTHWITH.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondents.
2. The petitioner’s husband was granted license to run a Fair Price Shop at Konasagara Village, Molakalmur Taluk, Chitradurga. The petitioner’s husband died on 13.12.2018. Thereafter, the petitioner submitted a requisition, which is dated 22.12.2018 for assignment of license to run aforesaid Fair Price Shop in her favour on compassionate grounds. The respondent No.2 issued impugned Endorsement dated 29.12.2018 citing Rule 13 of the Karnataka Essential Commodities (Public Distribution) System Control Order 2016.
3. The respondent No.2 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 successful in SSLC examination. However, the petitioner’s husband was aged above 60 years and the petitioner had not completed SSLC examination. Therefore, the authorization/ license to run the Fair Price Shop cannot be transferred/ assigned in favour of the petitioner.
4. 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.2 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.
5. 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 29.12.2018 is quashed.
iii) The respondent No.2 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