Karnataka High Court
Nitin S/O Rajaram Kudale vs The State Of Karnataka on 4 July, 2024
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NC: 2024:KHC-D:9159
WP No. 103733 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103733 OF 2024 (GM-PDS)
BETWEEN:
NITIN S/O. RAJARAM KUDALE,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. GANEHSHPUR, BELAGAVI,
DIST: BELAGAVI-591108.
...PETITIONER
(BY SRI. SADIQ N. GOODWALA, 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,
BENGLAURU-02.
3. THE DEPUTY COMMISSIONER,
ASHPAK
BELAGAVI, DIST: BELAGAVI-590011.
KASHIMSA
MALAGALADINNI
Digitally signed by ASHPAK
4. THE JOINT DIRECTOR,
KASHIMSA
MALAGALADINNI
Location: HIGH COURT OF
KARNATAKA, DHARWAD
FOOD, CIVIL AND CONSUMER AFFAIRS DEPT.,
BENCH
Date: 2024.07.10 11:58:30
+0530
BELAGAVI, DIST: BELAGAVI-590011.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT
DATED 25.06.2024 ISSUED BY RESPONDENT NO.4 IN
NO.AAPUVI/NIYABEAM/VINIDHI-28/2024-25 VIDE ANNEXURE-C; A
WRIT IN A NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO.4 TO TRANSFER THE LICENSE IN FAVOR OF PETITIONER AS
HELD BY THIS HON'BLE COURT IN W.P.NO.100048/2024 VIDE
ANNEXURE-D AND ETC.
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NC: 2024:KHC-D:9159
WP No. 103733 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned HCGP accepts notice for the respondents.
2. The petitioner is assailing the impugned endorsement
dated 25.06.2024 issued by respondent No.4 vide
Annexure-C. The petitioner's mother was the original
licence holder of a fair price shop. On account of death of
her mother, the petitioner submitted an application
seeking transfer of licence. Respondent No.4 has issued
impugned endorsement declining the transfer of fair price
shop licence on the premise that the original licence holder
was aged above 65 years and petitioner has not completed
SSLC.
3. The issue relating to transfer of licence of fair price shop is
dealt by Co-ordinate Bench of this Court in identical cases.
The Co-ordinate Bench in identical cases, passed an order
holding that the defence in regard to age of earlier
licencee cannot be a ground to reject the application
seeking transfer of licence on compassionate ground. This
Court in catena of judgments has also held that the
NC: 2024:KHC-D:9159
transferee even if he/she has not passed SSLC, will not in
itself constitute a bar to seek transfer of licence on
compassionate ground. In the light of the judgments
rendered by this Court, the impugned endorsement is not
sustainable and is liable to be quashed. For the foregoing
reasons, this Court passes the following:
ORDER
i) The writ petition is allowed.
ii) The impugned endorsement dated
25.06.2024 issued by respondent No.4 vide
Annexure-C is hereby quashed.
iii) A mandamus is issued against respondent
No.4 to consider the representation of the
petitioner seeking transfer of licence in
favour of petitioner by taking cognizance of
the judgment passed in W.P.No.100048/
2023.
Sd/-
JUDGE
