Karnataka High Court
Govindappa vs The State Of Karnataka And Ors on 4 April, 2022
Bench: K.Somashekar, Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 04TH DAY OF APRIL 2022
PRESENT
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL No.200046/2021
C/W
WRIT APPEAL No.200061/2021
(GM-EC)
WRIT APPEAL No.200046/2021:
Between:
Govindappa
S/o Late Krishnappa Chawan
Age: 36 Years, Occ: Nil
R/o: Kanti Tanda, Tq: Wadagera
Dist: Yadgiri-585 202
... Appellant
(By Sri K.M.Ghate, Advocate)
And:
1. The State of Karnataka
Dept. of Food & Civil Supplies
Vidhan Soudha, Bengaluru-560001
By its under Secretary
2
2. The Food Commissioner
Food and Civil Supplies
Cunningham Road
Bangalore-560 052
3. The Deputy Commissioner
Yadgiri-585 201
4. The Deputy Director
Food & Civil Supply
Yadgiri-585 201
5. The Tahasildar
Wadagera Taluka
Tahsil Office
Wadagera-585 201
... Respondents
(By Sri Mallikarjun C. Basareddy, GA)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, 1961, praying to allow the
appeal and set aside the order under challenge passed by
the Learned Single Judge dated 12.10.2020 in
W.P.No.223666/2020 and allow the writ petition,
modifying the order passed by the learned Single Judge, to
the effect that there is alternate remedy/forum is available
to the writ petitioner.
WRIT APPEAL No.200061/2021:
Between:
Govindappa
S/o Late Krishnappa Chawan
Age: 36 Years, Occ: Nil
3
R/o: Kanti Tanda, Tq: Wadagera
Dist: Yadgiri-585 202
... Appellant
(By Sri K.M.Ghate, Advocate)
And:
1. The State of Karnataka
Through Principal Secretary
Dept. of Food & Civil Supplies
Vikas Soudha, Bengaluru-560001
2. The Deputy Director
Food & Civil Supply Department
Yadgiri-585 201
3. The Deputy Commissioner
Yadgiri-585 201
4. The Tahasildar
Wadagera Taluka
Wadagera-585 202
Dist: Yadagiri
5. Khemanna S/o Polappa
Age: Major
R/o: Kanti Tanda
Tq: Wadagera
Dist: Yadagiri-585 202
... Respondents
(Sri Mallikarjun C. Basareddy, GA for R1 to R4;
Sri Ravi B. Patil, Advocate for C/R5
(In C.P.No.40291/2020))
4
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, 1961, praying to allow the
appeal and set aside the order under challenge passed by
the learned Single Judge dated 12.10.2020 in
W.P.No.223429/2020 and allow the writ petition,
modifying the order passed by the learned Single Judge, to
the effect that there is alternate remedy/forum is available
to the writ petitioner.
These appeals coming on for Preliminary Hearing this
day, Anant Ramanath Hegde J., delivered the following:
JUDGMENT
The petitioner in writ petition No.223666/2020 is
assailing the order dated 12.10.2020, wherein the learned
single judge has dismissed the writ petition by clubbing the
said petition along with writ petition No.223429/2020. The
second writ petition No.223429/2020 is also filed by the
same petitioner for almost identical relief. However,
additional relief is claimed, wherein he has questioned the
notification dated 25.10.2018.
2. The facts which are not in dispute are as under:-
On 21.09.1991, the father of the petitioner was
given license to run fair price shop No.69 in Kanti Thanda,
Taluka Wadagera, District Yadgiri. On 07.11.2014, the
father of the petitioner who was authorized dealer died.
On 15.02.2020, the petitioner made an application to
transfer the license in his name on compassionate ground.
On 18.02.2020, the concerned authority rejected the
application on the ground that the application is not in
time. Admittedly, the rule prescribes an application to be
filed within 90 days from the date of death of the license
holder. However, the petitioner filed an application for
transfer of license on 26.02.2015 which is beyond 90 days,
prescribed. Since law does not permit an application to be
filed beyond 90 days, an application seeking transfer of
license on compassionate ground is rejected by the
concerned authority. This order is called in question.
3. In addition to this, the petitioner has also filed
an application questioning the notification issued by the
concerned authority inviting applications for issuance of
license to run the fair price shop. It is grievance of the
petitioner that the notification could not have been
published inviting the applications, because the petitioner's
claim for transfer on compassionate ground is not yet
decided by the concerned authority. The learned single
judge noticing the fact that the application filed by the
petitioner is beyond prescribed period of 90 days, deemed
it appropriate to reject the petitions. The learned single
judge has also recorded the finding that the second
petition challenging the notification inviting the
applications for issuance of license to run the fair price
shop is also not maintainable. Under Rule 13 of the
Karnataka Essential Commodities (Public Distribution
System) Control Order, 2016, the person must have
passed S.S.L.C. to be eligible to apply for license to run
fair price shop. The appellant does not possess such
qualification. Thus, the appellant has no locus to question
the notification. It has been rightly recorded by the
learned single judge that pursuant to the notification,
license to run the fair price shop has been granted to the
person who is eligible.
4. Under these circumstances, this Court does not
find any reasons to interfere with the order passed by the
learned Single Judge. No grounds are made out in the writ
appeals to interfere with the impugned order. Accordingly,
both writ appeals are dismissed.
In view of disposal of writ appeals, I.A.No.1/2020 in
W.A.No.200061/2021 is disposed of.
SD/-
JUDGE
SD/-
JUDGE
RSP
