Karnataka High Court
Y T Eshwaraiah vs Deputy Commissioner on 1 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:26811
WP No. 22340 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 22340 OF 2022 (GM-PDS)
BETWEEN:
1. Y T ESHWARAIAH,
S/O L ATE THIMMAPPAGOWDA,
AGED ABOUT 68 YEARS,
2. Y E SIDDESH,
S/O Y T ESHWARAIAH,
AGED ABOUT 27 YEARS,
BOTH ARE AGRICULTURISTS,
RESIDENTS OF YADUVANAHALLI,
GANDASI HOBLI, ARASIKERE TALUK,
HASSAN DISTRICT - 573 119.
...PETITIONERS
(BY SRI. GANGADHARAPPA A V.,ADVOCATE)
Digitally signed
by CHETAN B AND:
C
Location: HIGH 1. DEPUTY COMMISSIONER
COURT OF HASSAN DISTRICT, HASSAN - 573 201.
KARNATAKA
2. DEPUTY DIRECTOR OF FOOD & CIVIL SUPPLIES &
CONSUMER AFFAIRS
OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
3. THE TAHSILDAR,
ARASIKERE TALUK, ARASIKERE,
HASSAN - 573 201.
...RESPONDENTS
(BY SMT. NAVYA SHEKAR., AGA)
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NC: 2023:KHC:26811
WP No. 22340 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT BEARING NO.
JIAAHAA/A.TAA/C.R/07/2022-23 DATED 9/9/2022 ISSUED BY
R2 ORIGINAL OF WHICH IS PRODUCED AS ANNEXURE-C AND
DIRECTING THE R2 TO TRANSFER THE AUTHORISATION TO
RUN THE FAIR PRICE DEPOT AT YADUVANAHALLI, GANDASI
HOBLI, ARASIKERE TALUK, HASSAN DISTRICT BEARING
AUTHORIZATION NO. 73/2001-2002 STANDING IN THE NAME
OF THE 1ST PETITIONER TO THE 2ND PETITIONER TRUE COPY
OF WHICH IS PRODUCED AS ANNEXURE -A, AS PER
REPRESENTATIONS MADE BY PETITIONER DATED NIL TRUE
COPIES OF WHICH ARE PRODUCED AS ANNEXURE -B AND B1
RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the Petitioner No.1 & Petitioner
No.2 who happen to be respectively father & son is against
the endorsement dated 09.09.2022 at Annexure-C,
whereby their request for transfer of PDS Authorization
from first petitioner to the second has been negatived.
Learned counsel appearing for the petitioners submits that
the said request was made because of the acute ill health
of the first petitioner on account of advanced stage of
cancer to which he has succumbed on 17.03.2023. That
being the position, counsel submits, the second petitioner
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WP No. 22340 of 2022
is entitled to have transfer of PDS Authorization in favour
of the second petitioner.
2. Learned AGA appearing for the
respondents opposes the petition contending that now
there is some change of circumstances namely death of
first petitioner who was holding original Authorization since
2002; if second petitioner makes a proper application in
the prescribed form seeking transfer there will be no
difficulty for considering the same in accordance with law
keeping in view the judgment in W.P. No.23227/2022
between SUDARSHAN.A.S. vs. STATE OF KARNATAKA &
OTHERS, disposed off on 28.11.2022 within a reasonable
period to be prescribed by this court. Learned counsel for
the petitioner is also fairly in agreement with the said
proposal.
In view of the above, writ petition is disposed off
permitting the second petitioner Mr.Y.E.Siddesh to apply
for the transfer of PDS Authorization in the prescribed
form on account of death of his father Mr. Y.T.Eshwaraiah
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WP No. 22340 of 2022
within two weeks and if such an application is filed,
Respondents Nos. 1 & 2 shall consider the same within a
period of six weeks next following keeping in view the
observations made by the Co-ordinate Bench in the
cognate case above.
It hardly needs to be stated that the present
arrangement of distribution shall continue till a decision on
the subject application is taken by the concerned
authorities and two weeks after the same is communicated
to the second petitioner. All contentions are kept open.
Costs made easy.
Sd/-
JUDGE
Snb/
