UMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS are seeking for quashing of the circular dated 07.08.2013 issued by the Commissioner, Food and Civil Supplies and Public Distribution, quashing the order dated 17.08.2013 cancelling licenses, renewal of the licenses and for consequential reliefs claiming to be authorised wholesale kerosene dealers holding licences under Petroleum Act, 1934, Karnataka Essential Commodities Licensing Order, 1986 (for short "1986 - Control Order") and Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (for short "1992 - Control Order").

(2.) I have heard the arguments of Sriyuths Murugendra Tubuke, F.V.Patil, learned advocates appearing for the petitioners and Smt.K.Vidyavathi, learned Additional Government Advocate appearing for the respondents. I have perused the case papers including the statement of objections filed in respective petitions. These writ petitions are disposed of by this common order since prayer sought for in all these petitions are similar and identical. However, facts are analysed distinctly in each of the writ petitions as noted herein below:

(3.) PETITIONER 's father was a wholesale dealer dealing in bulk quantity of kerosene at Keroor, Badami Taluk, Bagalkot District, having obtained licence under 1986 and 1992 Control Orders. Said licenses were renewed from time to time. Petitioner's father expired on 01.12.2012 and petitioner being the youngest of the legal heirs of deceased licensee submitted a representation on 27.02.2013 to 3rd respondent requesting for transfer of licence to his name. After conducting inspection and on making enquiries, respondent No.5 by communication dated 03.06.2013 addressed to respondent No.3 recommended that license can be transferred to the petitioner's name. During the life time of petitioner's father a notice came to be issued on 29.09.2011 to all the wholesalers to furnish necessary documents as sought for therein, pursuant to which reply was submitted by petitioner's father on 03.10.2011 stating that he need not obtain explosive license since he has been doing distribution of kerosene since 40 -45 years. However, before any order could be passed, he expired on 01.12.2012 and later on petitioner sought for transfer of license as noted herein above. Third respondent called upon petitioner to furnish certain documents vide notice dated 26.03.2013. Said documents were not furnished and as such by notice dated 02.05.2013 (Annexure -R1) petitioner was called upon to furnish the documents called for and was also called upon to show -cause for having conducted business of vending kerosene between 01.12.2012 to 27.02.2013 (from the date of death of license holder {petitioner's father} till date of submitting the application for transfer) without obtaining license under 1986 and 1992 Control Orders. Subsequently, 3rd respondent by order dated 17/19.08.2013 vide Annexure -F cancelled the licence issued to petitioner's father by referring to circular dated 07.08.2013. Hence, this petition has been filed seeking for quashing of the said order dated 17/19.08.2013 Annexure -F and for a mandamus to transfer the licence to the name of the petitioner by considering the representation dated 17.09.2013 Anexure -G and for quashing of the circular dated 07.08.2013 Annexure -E, which has been relied upon by the 3rd respondent for cancelling the license.