K. R. Ranjitha vs The State Of Karnataka on 1 February, 2018

[Cites 2, Cited by 0]

Karnataka High Court

K. R. Ranjitha vs The State Of Karnataka on 1 February, 2018

Bench: A.S.Bopanna

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 1ST DAY OF FEBRUARY, 2018

                        BEFORE

        THE HON'BLE MR. JUSTICE A.S.BOPANNA

      WRIT PETITION NO.4826/2018(GM-PDS)

BETWEEN :

K.R.Ranjitha,
D/o.Late M.Rudrappa,
Aged about 25 years,
Residing at Konanathale,
Hiregondagere Post,
Honnalli Taluk,
Davanagere District - 577 001.       ...PETITIONER

     (By Sri.B.M.Siddappa, Adv.)

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 - 560 002.
                                  -2-


3.    The Deputy Commissioner,
      Davanagere District,
      Davanagere - 577 501.                   ...RESPONDENTS

      (By Sri.K.Prakash, Adv. for R1 & R2)
                         . . . .

     This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to quash the
endorsement issued by respondent No.2 on 18.01.2018
produced as Annexure 'E' to the writ petition.

      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 18.01.2018 at Annexure 'E' through which the transfer of authorization/license to the petitioner was rejected.

3. The father of the petitioner was issued the authorization for distribution of essential commodities to the -3- card holders at Konanathale village. The said authorization/license was renewed from time to time and was in force as on the date of death of the father of the petitioner on 14.07.2017. The petitioner in that view has made an application seeking transfer of the authorization/license to the name of the petitioner on compassionate grounds. Respondent No.2 on consideration of the same has issued the endorsement dated 18.01.2018 intimating the petitioner that the request cannot be considered since the petitioner does not satisfy the age criteria.

4. Having taken note of the same and the contentions urged herein, the same need not be adverted to in detail inasmuch as this Court has considered the same issues initially in W.P. No. 204335/2014 dated 17.11.2014 and W.P. No. 22448/2015 dated 21.09.2016 which has been followed in several writ petitions including W.P. No. 6993/2017 dated 20.02.2017. In all the cases, similar endorsements have been quashed.

In that view, the endorsement dated 18.01.2018 (Annexure 'E') is quashed.

-4-

A direction is issued to respondent No.2 to consider the application submitted by the petitioner for transfer of authorization on compassionate grounds.

Such decisions shall be taken by respondent No.2 as expeditiously as possible but not later than two months from the date on which a copy of this order is furnished.

Petition is accordingly disposed of.

Sd/-

JUDGE SPS

Unlock Advanced Research with PRISMAI

Karnataka High Court