Allowed

S Chidananda v. State of Karnataka

Karnataka HC11 Dec 2023WP/18112/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking to quash an endorsement rejecting a request to transfer Fair Price Shop authorization on compassionate grounds. The court directed the respondent to transfer the authorization to the petitioner, disregarding age and qualification restrictions.

What did the court decide?

The impugned endorsement was quashed and the second respondent was directed to consider the application and transfer authorization on compassionate grounds within eight weeks.

S Chidananda Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:45026 WP No. 18112 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 11^TH DAY OF DECEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE K. V. ARAVIND

¶6

WRIT PETITION No. 18112 OF 2023 (GM-PDS)

¶7

BETWEEN:

¶8

S. CHIDANANDA, AGED ABOUT 62 YEARS, S/O LATE. B. SREEKANATAIAH, RESIDING AT NO.2908, 6^TH CROSS, R.P. ROAD, NANJANGUD TOWN, MYSORE - 571 301.

¶9

…PETITIONER

¶10

(BY SRI SHIVARAMU H. C., ADVOCATE)

¶11

AND:

¶12

STATE OF KARNATAKA, Digitally signed REPRESENTED BY ITS by VINUTHA B S PRINCIPAL SECRETARY, Location: High Court of DEPARTMENT OF FOOD AND Karnataka CIVIL SUPPLIES, GROUND FLOOR, VIKAS SOUDHA, BANGALORE - 560 001.

¶13

THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, MYSORE DISTRICT, MYSORE-571301.

¶14

…RESPONDENTS

¶15

(BY SRI BASAVARAJ GODACHI, AGA)

¶16

2 - NC: 2023:KHC:45026 WP No. 18112 of 2023

¶17

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 17/06/2023 ISSUED BY R-2 IN No.FPS/NUM.THA/11/2022-23 AT ANNEXURE-B. ISSUE WRIT OF MANDAMUS TO R-2 TO CONSIDER THE APPLICATION DATED 02/01/2023 PRODUCED AT ANNEXURE-A1 IN TERMS OF THE ORDER DATED 08/02/2019 PASSED IN W.P.NO.17131/2019 PRODUCED AT ANNEXURE-C AND THE ORDER DATED 20/09/2021 PASSED IN W.P.No.17048/2021 AT ANNEXURE-C1.

¶18

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

¶19

ORDER

¶20

This writ petition seeking to quash the endorsement dated 17.06.2023 issued by the second respondent in No.FPS/Num.Tha/11/2022-23 at Annexure-B and mandamus to consider the application dated 02.01.2023 at Annexure A1.

¶21

The petitioner's father Late Sri.B.Sreekantaiah was granted authorization to run Fair Price Depot at R.P.Road, Nanjangud Town, Mysuru, in the year 1993-94.

¶22

On 11.11.1992, the first respondent has introduced the Karnataka Essential Commodities KEC Public Distribution System (PDS) Control Order, (for short "the Control Order") 1992, under which, the Deputy Commissioner of the District

¶23

3 - NC: 2023:KHC:45026 WP No. 18112 of 2023

¶24

was empowered to issue authorization and to renew the authorization.

¶25

The authorization issued in the year 1993-94 was renewed from time-to-time.

¶26

Sri.B.Sreekantaiah, father of the petitioner died on 02.12.2022. The petitioner filed an application for grant of license in terms of Annexure-A1 seeking transfer of authorization on compassionate ground in terms of Control Order, 2016. The application is rejected by the second respondent on the ground that father of the petitioner was aged above 65 years at the time of death and hence, the petitioner is not entitled for transfer of authorization on compassionate grounds.

¶27

Sri H.C. Shivaramu, learned counsel for the petitioner submits that similar endorsement was issued by the respondent which was the subject matter of consideration before this Court in WP.No.23582/2022 and this Court by following the order in WP.No.17048/2021, disposed of WP.No.23582/2022 on

¶28

4 - NC: 2023:KHC:45026 WP No. 18112 of 2023

¶29

20.09.2021 quashing the endorsement and directed issue of authorization on compassionate grounds.

¶30

Sri Basavaraj Godachi, learned Additional Government Advocate for the respondents submits that order relied on by the petitioner is not applicable to the facts and circumstances of the instant case and supported the impugned order.

¶31

Heard learned counsel for the petitioner and the respondents and perused the material on record.

¶32

This Court in WP.No.23582/2022 following the order in WP.No.17048/2021 and relying on the order of the Division Bench in Writ Appeal Nos.932-933/1974 held that the restrictions imposed in the 2016 Order are not applicable and directed transfer of authorization on compassionate grounds. The issue arising for consideration in this writ petition is covered by the judgment of a Co-ordinate Bench of this Court in WP.No.23582/2022.

¶33

5 - NC: 2023:KHC:45026 WP No. 18112 of 2023

¶34

Following the orders of the Co-ordinate Bench referred to supra, I pass the following;

¶35

ORDER

¶36

i) The writ petition is allowed.

¶37

ii) The impugned endorsement at Annexure-B, dated 17.06.2023 is hereby quashed.

¶38

iii) The second respondent is directed to consider the application filed by the petitioner and transfer the authorization in favour of the petitioner on compassionate grounds, without reference to age and qualification, expeditiously but not later than eight weeks from the date on which copy of this order is furnished.

¶39

iv) No costs.

¶40

Sd/JUDGE

¶41

MV List No.: 1 Sl No.: 46

S Chidananda v. State of Karnataka

Case brief

What is this about?

What did the court decide?

S Chidananda v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Sangamesha Denim Point Vs Union of India

Sri. M G Vijaya Kumar Vs the Deputy Commissioner

P v Prakash Vs Smt Drakshayanamma

M/S Sri Maruthi Builders Engineers and Contractors Vs South Western Railways

Sri Tirumalesh Desai Vs Primary Agricultural Co. Operative Society Ltd.

B C Srinivas Vs Deputy Conservator of Forest