T. L. SURESH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the impugned endorsement dated 08.06.2020 issued by the respondent No.3 and for a writ of mandamus directing the respondents to transfer the license bearing Authorisation No.35/94-95 for running a fair price depot.

(2.) Heard the learned counsel for the petitioner through video conference and Sri Sridhar Hegde, learned HCGP for the respondents who appeared before the Court.

(3.) Learned counsel for the petitioner would submit that the mother of the petitioner by name Smt. N. Jayamma, was running a fair price depot under authorization bearing No.35/94-95, but unfortunately she expired on 12.05.2020. The said Smt. N. Jayamma is survived by five children including the petitioner. As the petitioner is unemployed and the entire family was dependent on the income derived out of the fair price depot, the petitioner made representation dated 21.05.2020 to the 3rd respondent to transfer the authorization/licence No.35/94-95 which stood in the name of Smt. N. Jayamma to the name of the petitioner on compassionate grounds. The other members of the family had no objection to transfer the authorization in the name of the petitioner. To that effect the petitioner had submitted an affidavit. The 3rd respondent after considering the representation of the petitioner issued endorsement dated 08.06.2020 which is at Anneuxre -J rejecting the request of the petitioner. The learned counsel further submits that the endorsement at Annexure J is issued rejecting the petitioner's request only on the ground that the petitioner is over aged and also that Smt. N. Jayamma who was aged 71 years, could not have run fair price depot after 65 years of age. It is his submission that the impugned endorsement is without application of mind and the 3rd respondent failed to note that the petitioner is not seeking any fresh authorization, it is only transfer of authorization on compassionate grounds. He also relied upon the order dated 25.09.2019 passed by this Court in W.P.No.46552/2019 and prays for allowing the writ petition.