SHIVAKUMAR Vs. THE DEPUTY COMMISSIONER, MANDYA DISTRICT

JUDGEMENT

(1.) THE petitioner is before this Court assailing the endorsement dated 7 -1 -2013. By the said endorsement, the respondent has rejected the request of the petitioner seeking transfer of the licence in favour of the petitioner as provided under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (for short, the 'Control Order'). The case of the petitioner is that he is the adopted son of late C. Rudraiah of Kadu Kothana Halli, Maddur Taluk. Since late C. Rudraiah did not have any children, the petitioner was adopted at the age of three years and has thereafter been taken care of late C. Rudraiah. The said late Rudraiah had been granted authorisation in respect of a Fair Price Depot and he is stated to have been running the same till his death. Since the Control Order provides that in the case of death of a licensee, the authorisation could be transferred on compassionate ground in favour of the 'spouse', 'son' or 'unmarried daughter', the petitioner claiming to be the 'adopted son' of the licensee had made the application seeking transfer of the authorisation on compassionate ground. In reply to the same, the endorsement dated 7 -1 -2013 has been issued by which the request of the petitioner has been declined. While doing so, the respondent has also made reference to an earlier order dated 10 -10 -2011 wherein detailed consideration was made and a similar request of another applicant had been rejected.

(2.) IN the light of the above, two aspects arise for consideration herein. Firstly, the question is as to whether an 'adopted son' can seek the benefit as provided under the Control Order for transfer of authorisation under the compassionate ground. Second question is with regard to the nature of consideration that is required to be made by the authorities with regard to the claim of the persons contending that he or she is the adopted son or daughter of a licensee.

(3.) A perusal of the said proviso would indicate that the authorised authority is permitted to transfer the licence to the 'spouse' or 'son' or 'unmarried daughter' with the prior approval of the Government. The said transfer to an 'adopted son' has not been excepted under the said Control Order as has been done in respect of compassionate appointment. If that be the position, if as per Personal Law governing the applicant, there is a valid adoption made, such adopted son who satisfies the requirement of the Personal Law is also to be considered as a 'son' of the licensee and the consideration thereafter is to be made. Needless to mention that when I have indicated that the adoption shall be as per the Personal Law, the statutory requirement thereto providing for a valid adoption also would have to be satisfied by the applicant. Therefore, on the first aspect, I am of the considered opinion that an 'adopted son' who has been validly adopted as per the requirement of law, would be entitled to seek transfer of the licence.