Karnataka High Court
Manjunath S/O Siddaraya Bidari vs The State Of Karnataka on 25 July, 2024
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NC: 2024:KHC-D:10576
WP No. 104417 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 104417 OF 2024 (GM-PDS)
BETWEEN:
MANJUNATH S/O. SIDDARAYA BIDARI,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. BANAHATTI VILLAGE,
TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOTE.
...PETITIONER
(BY SRI. SADIQ N. GOODWALA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
FOOD AND CIVIL SUPPLIES DEPT.,
VASANT NAGAR, BENGALURU-01.
2. THE COMMISSIONER,
FOOD, CIVIL AND CONSUMER AFFAIRS DEPT.,
CUNNINGHAM ROAD, VASANT NAGAR, BENGALURU.
3. THE JOINT DIRECTOR,
FOOD CIVIL AND CONSUMER AFFAIRS DEPT.,
BAGALKOTE, DIST: BAGALKOTE.
YASHAVANT
NARAYANKAR
Digitally signed by
4. THE TAHSHILDAR,
YASHAVANT
NARAYANKAR
Location: HIGH COURT
RABAKAVI-BANAHATTI, DIST: BAGALKOTE.
OF KARNATAKA,
DHARWAD BENCH
Date: 2024.07.27 12:03:29
+0530
...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 23.07.2024 ISSUED BY RESPONDENT NO.3 IN NO.
AANASA/NIYABEAM/ANUKAMPA/VIVHA-2024-25 VIDE ANNEXURE-C;
A WRIT IN A NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO.3 TO TRANSFER THE LICENSE IN FAVOR OF PETITIONER AS
HELD BY THIS HON'BLE COURT IN W.P.NO.103733/2024 AND VIDE
ANNEXURE-D.
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NC: 2024:KHC-D:10576
WP No. 104417 of 2024
THIS PETITION IS 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 23.07.2024 issued by respondent No.3 vide
Annexure-C. The petitioner's father was the original
licence holder of a fair price shop. On account of death of
his father, the petitioner submitted an application seeking
transfer of fair price shop licence. Respondent No.3 has
issued impugned endorsement declining the transfer of fair
price shop licence on the premise that the original licence
holder was aged above 84 years and petitioner has
declined to transfer fair price shop.
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:10576
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
23.07.2024 issued by respondent No.3 vide
Annexure-C is hereby quashed.
iii) A mandamus is issued against respondent
No.3 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.
iv) This exercise shall be accomplished within a
period of eight weeks.
Sd/-
JUDGE
