Karnataka High Court
Sanjeevkumar S/O Late Pandurang vs The State Of Karnataka And Ors on 23 June, 2022
Author: S. Vishwajith Shetty
Bench: S. Vishwajith Shetty
1 W.P.No.201414/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION NO.201414/2022 (GM-EC)
BETWEEN:
Sanjeevkumar S/o Late Pandurang,
Aged about 52 years,
Occ : Nil , R/o Warawatti (K),
Tq. Humnabad, Dist : Bidar.
... Petitioner
(By Sri I.R.Biradar, Advocate)
AND:
1. The State of Karnataka
by its Principal Secretary,
Department of Food and Civil Supplies,
M.S.Builidng, Bengaluru - 01.
2. The Deputy Commissioner,
(Food) Bidar, Dist : Bidar.
3. The Deputy Director of
Food and Civil Supplies, Bidar,
Dist :Bidar.
4. The Tahasildar, Humanabad,
Dist : Bidar.
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 to R4)
2 W.P.No.201414/2022
This Writ Petition is filed under Articles 226 and
227 of the Constitution of India praying to issue a writ of
certiorari and to quash the endorsement dated
17.05.2022 issued by the third respondent in
No.C£Á¸À/£Áå¨ÉCA/¹Dgï-12/2022-23 produced at Annexure-F
and issue a writ in the nature of mandamus directing the
third respondent to transfer Fair Price Shop bearing
No.97 with authorization bearing No.50/93-94 standing
in the name of late father of the petitioner in favour of
the petitioner on compassionate grounds.
This petition coming on for Preliminary Hearing this
day, the Court made the following:
ORDER
The petitioner has preferred the instant writ petition with a prayer to quash the endorsement dated 17.05.2022 issued by respondent No.3 vide Annexure-F and has also sought for writ of mandamus directing respondent No.3 to transfer the Fair Price Shop bearing No.97 with authorization bearing No.50/93-94 standing 3 W.P.No.201414/2022 in his father's name late Sri Pandurang in his favour on compassionate ground.
2. Heard the learned counsel for the petitioner as well as the learned Additional Government Advocate appearing for respondents.
3. Brief facts of the case as revealed from the records for the purpose of disposal of this writ petition are the petitioner's father late Sri Pandurang was issued with an authorization for distribution of food grains in a Fair Price Shop in Warawatti (K) Village, Humnabad Taluk. The said authorization which was issued to the petitioner's father was being renewed from time to time and during the subsistence of the said authorization, the petitioner's father died on 12.11.2020.
4. Immediately, thereafterwards the petitioner had filed an application on 27.04.2021 with a prayer to transfer the said authorization No.50/93-94 which stood 4 W.P.No.201414/2022 in his father's name in his favour on compassionate ground. On receipt of the said application, the third respondent had called for reports from the Competent Authorities and thereafterwards has issued the impugned endorsement rejecting the prayer of the petitioner for transfer of authorization on compassionate ground on the ground that petitioner had crossed the age limit. Being aggrieved by the same the petitioner is before this Court.
5. Learned counsel for the petitioner submits that in identical circumstances this Court has quashed the similar impugned endorsement and has directed the Competent Authority to consider the matter afresh and he has placed reliance on the orders passed by the Coordinate Bench of this Court in Writ Petition No.226956/2020 disposed of on 23.12.2020 and in Writ Petition No.200404/2021 disposed of on 17.03.2021. He submits that this Court has observed that a sympathetic 5 W.P.No.201414/2022 view is required to be taken as the transfer is sought on compassionate ground.
6. Per contra, learned Additional Government Advocate appearing for respondents submits that the Karnataka Essential Commodities Licensing Order has been periodically amended and the criteria for transfer of authorization/licence on compassionate ground has now been changed in view of the subsequent amendments. He submits that the amended provision provides for transfer for a limited period and considering the amendments to the Control Order, this Court in Writ Petition No.13559/2020 and connected matters disposed of on 23.12.2021, has held that the State Government has power to impose conditions while considering the applications for grant of authorization as well as for transfer of the authorization on compassionate ground. He submits that the earlier writ petitions were disposed of without taking into consideration the restriction on 6 W.P.No.201414/2022 the age and the education qualification. He also submits that in the writ petitions which were disposed of earlier, the restriction with regard to the period of transfer was also not taken into consideration and therefore he submits that this writ petition cannot be disposed of in terms of the orders passed in the writ petitions which have been referred to by the learned counsel for the petitioner.
7. I have given my anxious consideration to the arguments addressed by the learned counsel for the parties and also perused the material available on record.
8. Clause 13 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2021 provides for transfer of the authorization on compassionate ground. In the amended Control Order 2021, the restrictions for transfer has also been modified and as per the amended provision the applicant is 7 W.P.No.201414/2022 required to make an application within ninety days from the death of authorised dealer and the transfer if made in favour of the applicant it is only for a maximum period of ten years and no further renewal is allowed for such transfer, after the completion of the maximum period.
9. Though the Co-ordinate Bench of this Court in Writ Petition No.13559/2020 has held that the State has got power and prerogative to impose conditions while considering the applications for grant of authorization as well as for transfer of the authorization on compassionate ground, considering the fact that this Court in several writ petitions had directed the State Government to relax the restriction of age and education qualification held that though the prerogative of the State to impose conditions to consider the applications on compassionate ground is required to be upheld, this Court is of the opinion that it is desirable for the State 8 W.P.No.201414/2022 Government to consider the case of the petitioner, without reference to the restriction of age and education qualification, which shall be in parity with the various orders passed by this Court in several writ petitions. Under the circumstances, even this writ petition is required to be disposed of in terms of the order passed in Writ Petition No.13559/2020 dated 23.12.2021. Accordingly, the following :
ORDER The writ petition is allowed.
The impugned endorsement dated 17.05.2022 issued by the third respondent is hereby quashed.
The third respondent is directed to consider the application of the petitioner in terms of the order passed by the Coordinate Bench of this Court in Writ Petition No.13559/2020 and other connected matters disposed of on 23.12.2021 and also considering the amendment to Clause 13 of the Essential Commodities Public 9 W.P.No.201414/2022 Distribution System (Control) (Amendment) Order, 2021 insofar it relates to the maximum period of transfer.
Sd/-
JUDGE sn