Karnataka High Court
Asif Chittargi S/O Nabisab Chittargi vs Government Of Karnataka on 10 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:2580
WP No. 100903 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 100903 OF 2025 (GM-PDS)
BETWEEN:
ASIF CHITTARGI S/O. NABISAB CHITTARGI,
AGE: 51 YEARS, R/AT: MOULALI ROAD,
KULAKARI HAKKAL, TABIBLAND HUBLI,
HUBLI- 580020, DIST: DHARWAD.
...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.
Digitally signed
by VISHAL 2. DEPUTY COMMISSIONER,
NINGAPPA
PATTIHAL UB HILLS ROAD, NEAR HINDI PRACHAR SABHA CIRCLE,
Location: High MALMADDI, DHARWAD, KARNATAKA- 580001.
Court of
Karnataka,
Dharwad Bench
3. JOINT DIRECTOR,
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS,
DHARWAD- 580001.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA IS PRAYING TO, WHEREFORE, FOR
THE REASONS STATED ABOVE, THE PETITIONER HUMBLY PRAY THAT
THIS HON'BLE COURT MAY BE PLEASED 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. ISSUE A WRIT OF CERTIORARI
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NC: 2025:KHC-D:2580
WP No. 100903 of 2025
QUASHING THE ENDORSEMENT PRODUCED AT ANNEXURE-A BEARING
NO.S/SUP/DRA/CR.12/2024-25 DATED 14.06.2024 REJECTING THE
APPLICATION OF THE PETITIONER PASSED BY RESPONDENT NO.3 IN
THE INTEREST OF JUSTICE. ISSUE A WRIT OF MANDAMUS TO
RESPONDENT NO.3 TO TRANSFER THE LICENSE OF FAIR PRICE SHOP
IN FAVOR OF PETITIONER ON THE COMPASSIONATE GROUNDS. ISSUE
ANY SUCH OTHER OR DIRECTION AS THE HON'BLE COURT DEEMS FIT
AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE IN
THE INTEREST ON JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Learned counsel appearing for the parties in
unison would submit that, the issue in the lis stands
answered by the Coordinate Bench of this Court in W.P.
No.106778/2024, disposed of on 21st November 2024. The
Coordinate Bench held as follows:
"Petitioner is a son of Sri Ramappa Kudari,
R/o.Raderatti village, Gokak Taluka. Father of
petitioner was running a fair price shop at Raderatti
under a licence issued by the Karnataka Essential
Commodities Licensing Order, 1986. The licence was
renewed upto 31.03.2028.
2. The father of petitioner unfortunately
died on 19.07.2024 during the subsistence of the
period of licence. In view of death of his father, the
petitioner applied for transfer of licence of fair price
shop in his favour on compassionate ground. The
application was made to the 4th respondent. The
petitioner had obtained Survivor Certificate issued by
the Deputy Tahashildar. The 4th respondent on
NC: 2025:KHC-D:2580
receipt of the application forwarded the same to
respondent No.3 for consideration, whereas the 3rd
respondent rejected the application of the petitioner
for transfer on the ground that the age of the father
of petitioner was more than 65 years i.e., 71 years,
which exceeds the age of 65 years as per Gazette
Notification. Hence, under the Control Order, the
petitioner is not entitled to transfer. It is vehement
contention of the petitioner that whatever be the age
of father, once he has died the petitioner would be
entitled to transfer of licence to run the fair price
shop.
3. Learned counsel for the petitioner
submits that the impugned order passed by the 3rd
respondent is illegal, contrary and the same deserves
to be quashed and accordingly, he seeks relief of writ
of mandamus for a direction to the 3rd respondent to
issue the licence on compassionate ground.
4. In similar matter of licence not granted on
compassionate grounds, this Court in
W.P.No.203085/2023 and W.P.no.13559/2020 and
connected matters passed orders and held that the
age shall not be a criteria or bar for grant of licence on
compassionate grounds and relaxed the age limits, for
such authorization being transferred to the legal
representatives of the original authorized dealer/licence
holder. Under the circumstances, the petitioner herein
would also be entitled to similar order. Accordingly, I
pass the following:
ORDER
(i) This petition is allowed.
(ii) The order/endorsement dated
23.10.2024 passed by the 3rd
respondent vide Annexure-F is
hereby quashed.
(iii) Writ of mandamus is issued
directing respondent No.3 to
NC: 2025:KHC-D:2580
transfer the fair price shop license
in favour of the petitioner on
compassionate ground within four
weeks from the date of receipt of
copy of this order."
2. In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court
(supra), on all its fours and on the same reasons, the
subject petition also stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP / CT: ASC
