B.NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner aggrieved by the endorsement dtd. 25/6/2019 issued by the third respondent vide Annexure- F, has filed this writ petition.

(2.) Brief facts leading as to filing of the writ petition are as under: The petitioner is a resident of Karchedu village in Ballari Taluka and District. The father of the petitioner Late. B. Timmappa was holding authorization of Fair Price Shop licence issued by respondent to distribute food grains to the cardholders of Masidipura village in Ballari Taluka. He was granted licence in the year 1993 and the same was renewed from time to time and licence expired on 31/12/2019. The father of the petitioner died leaving behind his widow and three daughters and two sons. The petitioner being elder son submitted an application to the respondent requesting the transfer of the authorization of Fair Price Shop on compassionate ground. Third respondent has issued an endorsement dtd. 25/6/2019 rejecting the application holding that as per Clause 13 of Karnataka Essential Commodities (Public Distribution System) (amendment) Control Orders, 2017 as the petitioner was over aged as on the date of death of his father, i.e., he was aged about 34 years and hence, he is not entitled for transfer of authorization. Hence, the petitioner has filed this writ petition.

(3.) Learned counsel for petitioner submits that the matter is covered by the decision of the Co-ordinate Bench of this Court in the case of G.T. Nagaraj Vs. State of Karnataka and others, in W.P.No.100899/2021 dtd. 16/3/2021 wherein this Court has held that the stipulation regarding age either of the petitioner or his father as per Rule 13 of relevant Rules cannot be construed strictly so as to reject the application of the petitioner. It is therefore submitted that the endorsement at Annexure-F dtd. 25/6/2019 deserves to be quashed and respondent No.3 may be directed to transfer the licence.