Karnataka High Court
Sri C Ramanjani S/O Late C Basappa vs The State Of Karnataka on 21 June, 2022
Bench: R.Devdas
-1-
WP No. 102201 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 102201 OF 2022 (GM-PDS)
BETWEEN:
SRI C RAMANJANI
S/O LATE C BASAPPA
AGE. 65 YEARS, OCC. NIL
R/O. GOLLANAGENAHALLI VILLAGE
TQ AND DIST. BALLARI-583101
...PETITIONER
(BY SRI. M S HARAVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO GOVERNMENT FOOD CIVIL SUPPLIES AND
CONSUMER AFFAIRS DPARTMENT
M.S.BUILDING,
BENGALURU-560001
Digitally
signed by
VINAYAKA B
2. THE DEPUTY COMMISSIONER
V
VINAYAKA
BV
Location:
Dharwad
Date:
2022.06.25
(FOOD AND CIVIL SUPPLIES DEPT)
BALLARI
13:08:17
+0530
DIST. BALLARI-583101
3. THE JOINT DIRECTOR
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
BALLARI
DIST. BALLARI-583101
-2-
WP No. 102201 of 2022
4. THE TAHASILDAR,
BALLARI
TQ AND DIST. BALLARI-583101
...RESPONDENTS
(BY SRI.SHIVAPRABHU S HIREMATH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI TO QUASH THE ENDORSEMENT NO. ANAS-8/
NYA.BE.AM/ANU/30/2021-22 DATED 02-03-2022 ISSUED BY
THE 3RD RESPONDENT AS PER ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes
notice for all the respondents. He is permitted to file Memo
of Appearance within a period of four weeks from today.
2. Though this matter is coming up for preliminary
hearing, since the learned counsel for the petitioner
submits that the lis sought before the Court has already
been decided in several matters including
W.P.No.107146/2018 which was disposed of on
17.12.2018 and W.P.No.23083/2017 which was disposed
WP No. 102201 of 2022
of on 14.08.2017, it is prayed that the matter can be
disposed of at the initial stage itself.
3. The learned Addl. Government Advocate submits
that the PDS Control Order has been amended in the year
2017, wherein in Clause No.13 it is provided that an
application seeking compassionate transfer of the license
can be considered only if the applicant has passed SSLC
examination and a unmarried daughter is below the age of
40 years.
4. The learned counsel for the petitioner has
produced a copy of the judgment in W.P.No.110513/2019
which was disposed of on 22.07.2019, wherein this Court
has considered similar questions and has held that in
cases of consideration of application for transfer of
authorization on compassionate grounds, the condition of
educational qualification is not sustainable. Similarly in the
other matters that are cited by the learned counsel for the
petitioner it has also been held that prescription of age
limit has also been considered and the contentions of the
WP No. 102201 of 2022
respondents have been negated. However, it is also
brought to the notice of this Court that in terms of the
proviso to Rule 13 of the Karnataka Essential Commodities
Public Distribution System (Control) Order 2016, validity
of a fresh authoritzation under such condition is restricted
for a period of 3 years.
5. In the light of the above, the impugned order
dated 02.03.2022 at Annexure-F, is hereby quashed and
set aside. The respondent authorities are directed to
reconsider the application filed by the petitioner in light of
the observations made herein above and pass necessary
orders as expeditiously as possible and at any rate within
a period of two months from the date of receipt of a
certified copy of this order.
6. The writ petition is accordingly disposed of.
SD
JUDGE
DL
