B.E. MANJUNATH S/O. ERRETHAPPA Vs. THE DEPUTY COMMISSIONER (FOOD), THE TAHSILDAR AND THE DEPUTY DIRECTOR FOR FOOD AND CIVIL SUPPLIES

JUDGEMENT

(1.) LEARNED High Court Government Pleader is directed to take notice for the Respondents.

(2.) FATHER of the Petitioner was holding a Retail Dealer's License for distribution of kerosene oil duly issued by the 2nd Respondent herein as per the provisions of the Karnataka Essential Commodities Licensing Order, 1986. According to the Petitioner, after the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (for short, hereinafter referred to as 'PDS Control Order') came into force authorisation was granted by the 1st Respondent - Deputy Commissioner (Food), Mysore District and the same stood renewed from time to time and was valid till 31.12.2012. However, unfortunately, the father of the Petitioner died on 27.04.2011 as is clear from the death certificate - Annexure -A (though it is contended in the writ petition that he died on 17.04.2011) leaving behind the Petitioner, his mother and four daughters.

(3.) DURING the course of arguments, learned Counsel for the Petitioner brings to the notice of the Court, the judgment passed by this Court in W.P. No. 8586/2006 disposed of on 21.12.2008 and W.P. No. 41665/2010 disposed of on 04.01.2011 to contend that this Court has already held that for the purpose of transfer of authorisation/license in favour of the dependent of the deceased consequent upon the death of the holder of the authorisation, requirement of pass in SSLC cannot be insisted and the Government Order issued in this regard had no application to the same.