Kristappa S/O Late Sri v Thimmappa Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

Kristappa S/O Late Sri v Thimmappa Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Certiorari quashing the impugned endorsement at Annexure-C; mandamus directing respondent No.3 to transfer the licence in favour of the petitioner within six weeks in accordance with the judgments in W.P.No.13559/2020 and connected matters, W.P.No.103733/2024 and W.P.No.100048/2024.

Issue for consideration

Whether the endorsement dated 20/12/2024 rejecting transfer of the licence to the petitioner, son of the deceased original licence holder, on the grounds that he is aged, has not completed SSLC and has not produced an income certificate as per Clause 13, ought to be quashed and the licence transferred on compassionate grounds notwithstanding age and non-passing of SSLC.

Court's answer

Age and passing SSLC shall not be a bar for transfer of the licence on compassionate ground; accordingly the petitioner would be entitled to a favourable order.

Ratio / Principle

A writ of certiorari is issued and the impugned endorsement at Annexure-C is quashed.

Key takeaways

A writ of mandamus is issued directing respondent No.3 to transfer the licence in favour of the petitioner, in accordance with the judgments in W.P.No.13559/2020 and connected matters, W.P.No.103733/2024 and W.P.No.100048/2024, within a period of six weeks from the date of receipt of a copy of the order.ratio¶41

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Pradeep Singh Yerur, J.) allowed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 20/12/2024 (Annexure-C) by which Respondent No.3, without considering the Karnataka Essential Commodities Licensing Order, 1986, the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 and several orders of the Court, rejected the petitioner's representation dated 28.10.2024 seeking transfer of the licence of his deceased father and original licence holder V. Thimmappa, on the grounds that the petitioner was aged, had not completed SSLC and had not produced an income certificate as per Clause 13. Relying on its earlier decisions in W.P.No.13559/2020 and connected matters, W.P.No.103733/2024 and W.P.No.100048/2024, the Court held that age and passing SSLC shall not be a bar for transfer of licence on compassionate ground; it quashed the endorsement by certiorari and, by mandamus, directed Respondent No.3 to transfer the licence in favour of the petitioner within six weeks.

NC: 2025:KHC-D:7759 WP No. 101814 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18^TH DAY OF JUNE 2025 BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101814 OF 2025 (GM-PDS)

BETWEEN:

KRISTAPPA S/O. LATE. SRI V. THIMMAPPA, AGE: 52 YEARS, OCC: NIL, R/O. WARD NO.02, RAGHAVENDRA COLONY, NEAR PATTANA PANCHAYATI, KUDATHINI, TQ: BALLARI, DIST: BALLARI-583115.

PETITIONER

(BY SMT. SUNITHA P. KALASOOR, ADVOCATE)

AND:

THE DEPUTY DIRECTOR DEPARTMENT OF (FOOD AND CIVIL SUPPLIES) & CONSUMER AFFAIRS, TQ & DIST: BALLARI-583101.

THE TAHASILDAR, TQ: BALLARI, DIST: BALLARI-583101.

Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.06.19 16:00:58 +0530

THE ASST. DIRECTOR, FOOD AND CIVIL SUPPLIES, INFORMAL RATIONING AREA, TQ: BALLARI, DIST: BALLARI-583101.

(BY SRI. S.V. MAGADUM, AGA)

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI AGAINST THE IMPUGNED ORDER ISSUED BY RESPONDENT NO.1 VIDE NO. SAM:AANASA-8/NYBYAM/ANU/7/2024-25 DATED 20/12/2024 PRODUCED AT ANNEXURE-C AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

Heard the learned counsel for the petitioner.

Learned AGA is directed to take notice for the

respondents.

Petitioner is the son of the original licence holder, V.Thimmappa. The licence was renewed from time to time and it was valid till 31.12.2025. Son of the petitioner V.Thimmappa died on 03.06.2024. After the death of original licence holder, petitioner made a request to the authorities to transfer the licence in his name. Representation came to be filed on 28.10.2024. Respondent No.3 without considering the provisions of the Karnataka Essential Commodities Licensing Order, 1986 and Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 and several orders passed by this Court, rejected the request on the ground that the petitioner is aged person, not completed SSLC and not

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HC-KAR

produced income certificate as per Clause 13 of the

Control Order.

Learned counsel for the petitioner relies on similar orders in similar situation passed by this Court in W.P.No.103733/2024 , W.P.No.100048/2024 and in W.P.No.13559/2020 and connected matters . It is

relevant to mention that in several writ petitions, this Court has already decided that age and passing SSLC shall not be a bar for transfer of licence on compassionate ground. Under the circumstances, the petitioner would be entitled to favourable order.

Learned AGA representing the State sustains the order passed by the authority and submits that in case

this Court were to agree to the contention of the petitioner, the representation so made, will be considered, in accordance with law

Placing the submission on record, I pass the following:

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HC-KAR

ORDER

i. Petition is allowed.

ii. A writ of certiorari is issued. The impugned endorsement at Annexure-C is quashed.

iii. A writ of mandamus is issued directing the respondent No.3 to transfer the licence in favour of the petitioner in accordance with the judgment in W.P.No.13559/2020 and connected matters, W.P.No.103733/2024 & W.P.No.100048/2024, within a period of six weeks from the date of receipt of copy of the order.

Sd/(PRADEEP SINGH YERUR) JUDGE

KGK CT-MCK List No.: 1 Sl No.: 3