Karnataka High Court
Shrimati Mahadevi W/O Shivanand ... vs Government Of Karnataka on 5 June, 2024
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NC: 2024:KHC-D:7449
WP No. 102103 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102103 OF 2024 (GM-PDS)
BETWEEN:
SHRIMATI MAHADEVI W/O. SHIVANAND UGARGOL,
AGE: 59 YEARS, DHARWADKAR CHAL,
OPP. KSRTC DEPOT HOSUR, HUBBALLI-580030.
...PETITIONER
(BY SRI. S.H. MITTALKOD, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
FOOD AND CIVIL SUPPLIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER,
FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS,
BANGALORE-560001.
3. THE JOINT DEPUTY DIRECTOR,
FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS,
DHARWAD-580001.
YASHAVANT ...RESPONDENTS
NARAYANKAR
(BY SRI. V.S. KALASURMATH, HCGP)
Digitally signed by
YASHAVANT
NARAYANKAR
Location: HIGH COURT
OF KARNATAKA,
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
DHARWAD BENCH
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
AND PROCEEDINGS OF RESPONDENT NO.3 PERTAINING TO THIS
CASE AND EXERCISE THE JURISDICTION UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA AND ISSUE A WRIT OF
CERTIORARI QUASHING THE ANNEXURE-D DATED 24/01/2024
BEARING NO. S/SUP/BANNER/VV-426/2023-24, PASSED BY
RESPONDENT NO.3 REJECTING THE APPLICATION OF THE
PETITIONER IN THE INTEREST OF JUSTICE; ISSUE A WRIT OF
MANDAMUS TO RESPONDENT NO.3 AND 4 TO CONSIDER THE
APPLICATION OF THIS PETITIONER ANNEXURE-C ON THE
COMPASSIONATE GROUNDS WITHOUT APPLYING THE
RESTRICTIONS MENTIONED IN PROVISO TO CLAUSE 13 OF THE
2016 ORDER.
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NC: 2024:KHC-D:7449
WP No. 102103 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. In the captioned petition, the petitioner has sought for
following reliefs:
"Prayed to call for records and proceedings of
respondent no.3 pertaining to this case and exercise the
jurisdiction under articles 226 and 227 of Constitution of
India
A) issue a writ of certiorari quashing the Annexure-D
dated 24/01/2024 bearing no. S/SUP/Banner/VV-
426/2023-24, passed by respondent No.3 rejecting
the application of the petitioner in the interest of
justice;
B) issue a writ of mandamus to respondent No.3 and 4
to consider the application of this petitioner
Annexure-C on the compassionate grounds without
applying the restrictions mentioned in proviso to
clause 13 of the 2016 order."
2. Heard the learned counsel for the petitioner and the
learned HCGP appearing for the respondents. Perused the
materials on record.
3. Learned HCGP, placing reliance on notification, has
brought to the notice of this Court that there is no
provision to consider transfer of licence of Fair Shop
beyond 90 days of expiry of the original licence holder.
The issue as to whether the legal heirs of original licence
NC: 2024:KHC-D:7449
holder can move an application beyond 90 days is dealt by
the Co-ordinate Bench of this Court in
W.P.No.102853/2018 (Nagaraj S/o. Prakash Jagadale
v. State of Karnataka and others, disposed on
18.02.2019).
4. In the present case on hand, the petitioner is the widow of
original licence holder and therefore, to do substantial
justice and protect interest of a widow, who has not only
lost her husband but has no independent source of
income, a lenient view has to be taken in the present case.
Therefore, this Court is of the view that even though there
is a delay in submitting application seeking transfer of
authorization on compassionate grounds, this Court in the
larger interest of the petitioner deems it fit to condone the
delay. This is a fit case where mandamus lies against the
authorities to consider the petitioner's application
sympathetically.
5. In the light of the opinion expressed by the Co-ordinate
Bench in the judgment cited supra, this Court passes the
following:
NC: 2024:KHC-D:7449
ORDER
i) The writ petition is allowed.
ii) The impugned endorsement dated
24.01.2024 issued by respondent No.3 vide
Annexure-D is hereby quashed.
iii) Respondent No.3 is hereby directed to
consider the application of the petitioner at
Annexure-C, on compassionate grounds and
proceed further in accordance with law, within
an outer limit of three months from the date
of receipt of certified copy of this order and
the application shall be dealt with strictly in
terms of the observations made by this Court
supra.
iv) In view of disposal of the petition, pending
interlocutory applications, if any, do not
survive for consideration and are disposed of
accordingly.
Sd/-
JUDGE
YAN
