Karnataka High Court
Smt C Renukamma W/O Late C Ramappa vs The State Of Karnataka on 15 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WA No. 100317 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO.100317 OF 2025 (GM-PDS)
BETWEEN:
SMT. C. RENUKAMMA
W/O. LATE C. RAMAPPA,
AGE ABOUT 51 YEARS,
OCCUPATION: NIL,
RESIDENT OF LOLESHWARA VILLAGE,
BENNEHALLI POST,
TQ. HARAPANAHALLI &
DISTRICT: VIJAYANAGAR-580001.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI ...APPELLANT
Location: High
Court of
Karnataka,
Dharwad Bench
(BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF FOOD & CIVIL SUPPLY &
CONSUMER AFFAIRS,
M. S. BUILDING, VIKAS SOUDHA,
BENGALURU-560001,
REPRESENTED BY ITS SECRETARY.
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2. THE COMMISSIONER,
FOOD & CIVIL SUPPLY &
CONSUMER AFFAIRS,
CUNNINGHAM ROAD,
BENGALURU-560052.
3. THE DEPUTY DIRECTOR,
FOOD & CIVIL SUPPLIES &
CONSUMER AFFAIRS DEPARTMENT,
VIJAYANAGAR,
DISTRICT: VIJAYANGAR-583201.
...RESPONDENTS
(BY SRI. V. S. KALASURMATH. AGA FOR RESPONDENTS)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED
ORDER OF THE HON'BLE SINGLE JUDGE PASSED THE ORDER IN
WRIT PETITION NO.101769/2024 (GM-PDS) DATED 25.09.2024,
BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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WA No. 100317 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This petition is filed challenging the order dated
25.09.2024 passed by the learned Single Judge in
W.P.No.101769/2024.
2. Sri. Rajashekar B. Halli, learned counsel appearing
for the appellant submits that the appellant filed an application
seeking continuation of the license for Fair Price depot which
came to be rejected by the authorities on 16.09.2023 on the
ground that once authorization was renewed for a period of three
years as per the notification dated 11.08.2016 and further
continuation of license would not arise. It is submitted that later
the State Government has issued another notification dated
16.01.2021, wherein, the transfer was permitted for a maximum
period of ten years and in view of the said subsequent
notification, the appellant is entitled for renewal for further
period of seven years and he seeks to allow the appeal.
3. Per contra, Sri. V.S. Kalasurmath, learned Additional
Government Advocate supports the impugned order of the
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learned Single Judge and submits that as on the date of
consideration of the request of the appellant, the notification
dated 11.08.2016 was in force and a benefit of transfer of license
was granted to the appellant and there cannot be any perpetuity
in granting the transfer under the compensatory ground. Hence,
he seeks to dismiss the appeal.
4. We have heard learned counsel for the appellant,
learned counsel for the respondents, learned Additional
Government Advocate and meticulously perused the material
available on record.
5. The material available on record indicates that the
husband of the appellant-Sri.C.Ramappa was granted
authorization to run Fair Price depot at Loleshwara village,
Harapanahalli Taluk. The licensee Sri.C.Ramappa died on
10.10.2018 and the appellant herein as a legal heir filed an
application to the respondent No.3 seeking transfer of
authorization, which was rejected and thereafter the appellant
has challenged the same in W.P No.55516/2018. This Court vide
order dated 20.02.2019, directed the respondent No.3 to
reconsider the application of the appellant as per the circular
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dated 11.08.2016. The records indicate that the respondent No.3
considered the request of the appellant and transferred the Fair
Price license to run Fair Price depot in the name of the appellant
for a period of three years from the date of order. The records
further indicate that the appellant has filed an application
seeking further extension of time, which came to be rejected by
the authority under the impugned order dated 16.09.2023. It is
to be noticed that as on the date of consideration of the
appellant's request for further extension, the Government had
issued notification dated 16.01.2021. The relevant notification
bringing amendment to Clause 13 to the Karnataka Essential
Commodities Public Distribution System (Control) Order, 2016
(for short, 'PDS Control Order') the amendment brought reads as
under:
"ORDER
1. Title and commencement.-(1) The Order may be
called the Karnataka Essential Commodities Public
Distribution System (Control) (Amendment) Order, 2021.
2. It shall come into force from the date of its publication
in the Official Gazette.
3. Amendment of clause 13. In the Karnataka Essential
Commodities Public Distribution System (Control) Order,
2016, in clause 13, for the proviso the following proviso
shall be substituted, namely.
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"Provided that, the authorized authority may order for
such transfer in the events of death of the authorized
dealer before sixty five years of age.
Provided further that, the person has no other source
of income, to the;-
i.Spouse; less then sixty five years of age: or:
ii.Unemployed son: above the age of eighteen years: or:
iii.Unmarried daughter above the age of eighteen years:
or:
iv.Widowed daughter above the age of eighteen years.
having passed 10th standard or equivalent examination
as on the date of the death of the authorized dealer. The
applicant shall apply for such transfer within ninety days of
the death of authorized dealer.
Such transfer shall be made only after obtaining prior
approval of the Commissioner, Food, Civil Supplies and
consumer Affairs Department and only for maximum
period of ten years i.e two validity period of a fresh
authorization, no further renewal is allowed for such
transfers after the completion of two validity period."
6. Keeping in mind the amendment brought to the PDS
Control Order referred supra, the right to seek transfer from a
period of three years, it is extended upto ten years. In view of
the aforesaid amendment, the appellant is also entitled for the
said relief. Learned counsel for the appellant is right in
submitting that the learned Single Judge in W.P.No.7280/2022
has considered the same and granted a benefit to the similarly
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placed person. Therefore, in view of the notification dated
16.01.2021, respondent No. 3 is required to reconsider the
request of the appellant for transfer of authorization for further
period as per the said notification. Hence, we proceed to pass
the following:
ORDER
i. The writ appeal is allowed.
ii. The order dated 25.09.2024 passed in W.P
No.101769/2024 is set aside.
iii. The respondent No.3 is directed to reconsider
the appellant's request for transfer of
authorization for a maximum period of ten
years as per the notification dated 16.01.2021.
iv. No order as to costs.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
RKM /CT-AN
