Karnataka High Court
Gangubai W/O Late Devappa Ghodse vs The State Of Karnataka on 30 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9740-DB
WA No. 100469 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100469 OF 2023 (GM-PDS)
BETWEEN:
GANGUBAI W/O. LATE DEVAPPA GHODSE
AGE: 73 YEARS, OCC: NIL,
R/O: HANGRAGRA VILLAGE,
TQ AND DIST: BELAGAVI-590008.
...APPELLANT
(BY SRI.T.M.NADAF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
FOOD AND CIVIL SUPPLIES DEPT.,
VASANTH NAGAR, BENGALURU-01.
2. THE COMMISSIONER
FOOD, CIVIL AND CONSUMER AFFAIRS
DEPT., CUNNINGHAM ROAD,
VASANTH NAGAR, BENGALURU-32.
JAGADISH T R
HIGH COURT
OF 3. THE JOINT DIRECTOR
KARNATAKA
2023.09.05 FOOD, CIVIL AND CONSUMER AFFAIRS
12:43:45
+0530 DEPT., BELAGAVI, DIST: BELAGAVI-590001.
4. BALU S/O. DEVAPPA GHODSE
AGE: 53 YEARS, OCC: NIL,
R/O: HANGRAGA VILLAGE,
TQ AND DIST: BELAGAVI.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADV. FOR R1 TO R3;
SRI.SADIQ N.GOODWALA, ADV. FOR R4)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, SET ASIDE
THE ORDER DATED 15.12.2020 PASSED BY LEARNED SINGLE JUDGE
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NC: 2023:KHC-D:9740-DB
WA No. 100469 of 2023
IN W.P.NO.148715/2020 BY ALLOWING THE APPEAL, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra-court appeal is directed against the
impugned order dated 15.12.2020 passed in W.P.
No.148715/2020 whereby the said petition filed by
respondent No.4-writ petitioner was allowed by the
learned Single Judge.
2. The material on record discloses that aggrieved
by the rejection of the application for transfer of the
licence to run a fair price shop from the name of his father
viz., Deveppa Rama Ghodse to his name, respondent
No.4-writ petitioner preferred the aforesaid writ petition
seeking quashing of the said endorsement and for
consequential direction in that regard. The said petition
came to be allowed by the learned Single Judge by passing
the following order which reads as under:
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WA No. 100469 of 2023
ORDER
i) The writ petition is allowed.
ii) Annexure-C dated 27.11.2020 issued by the
respondent No.3 is hereby quashed.
iii) Respondent No.3 is directed to transfer the
licence in favour of the petitioner as
requested, keeping in view the decision of
this Court referred to above in accordance
with law not later than a period of two
months from the date of receipt of a
certified copy of this order."
3. Pursuant to the impugned order passed by the
learned Single Judge, the licence has been transferred to
the name of respondent No.4 and the same continues to
stand in his name even till today.
4. Meanwhile, the appellant herein, who is none
other than the mother of respondent No.4 has preferred
the present appeal inter alia contending that in terms of
Rule 13 of the Karnataka Essential Commodities (Public
Distribution System) Control Order, 1992, the appellant-
mother would have a prior right to seek transfer of licence
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WA No. 100469 of 2023
which originally stood in the name of her husband and it is
only in the event of the appellant-mother does not intend
to get the licence transferred to her name, that
respondent No.4 would be entitled to seek transfer of the
licence into his name.
5. In this context, a Joint Memo is filed duly signed
by the appellant as well as respondent No.4 and the
respective counsel. The parties, who are physically present
before this Court, have been identified by their respective
counsel. The Joint Memo reads as under:
JOINT MEMO
"The appellant and respondent No.4 respectfully
submits as under.
That the respondent NO.4 due to family dispute
does not want to continue the fair price shop, the license
issued in his favour. The respondent No.4 has no
objection to transfer the license in favour of appellant
who is his mother.
Hence the license which is in favour of respondent
No.4 may be transferred in favour of appellant, in the
interest of justice.
Hence this joint memo."
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WA No. 100469 of 2023
The aforesaid Joint Memo clearly indicates that respondent
No.4, in whose name the licence presently stands, has
stated that he has no objection for transfer of the licence
in favour of his mother, the appellant herein, and
necessary steps may be taken by respondent Nos.1 to 3 to
transfer the licence from the name of respondent nO.4 to
the name of the appellant.
6. In view of the aforesaid Joint Memo and the
mutual consent of the appellant as well as respondent
No.4, we deem it just and proper to modify the impugned
order and direct the licence, presently standing in the
name of respondent No.4, to be transferred into the name
of the appellant and issue necessary directions in this
regard.
7. In the result, we pass the following:
ORDER
i) The appeal is hereby disposed of.
ii) The impugned order 15.12.2020 passed in
W.P. No.148715/2020 is hereby modified.
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WA No. 100469 of 2023
iii) Respondents No.1 to 3 are hereby directed
to transfer the subject licence, presently
standing in the name of respondent No.4, to
the name of the appellant as expeditiously as
possible and, at any rate, within a period of
two months from the date of receipt of a
copy of this order.
Pending interlocutory applications, if any, do not
survive for consideration and are disposed of accordingly.
Sd
JUDGE
Sd
JUDGE
KMS
