H K CHANDRASHEKARA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE short question that arises for the consideration of this Court in this writ petition is whether the Deputy Commissioner is competent to grant authorisation on compassionate ground in favour of the sister-in-law (younger brother's wife) of the deceased authorised dealer.

(2.) ONE Rajanna was running a fair price depot at Hanaganahalli village of Mandya Taluk. He died on 4. 5. 2004. He was un-married and after his death, R-3 who is the sister-in-law of deceased Rajanna requested the Deputy Commissioner, Mandya to transfer authorisation on compassionate basis contending that her husband is dumb and she was entirely depending upon rajanna for her livelihood. Based on the request of R-3 and on the recommendation of Tahsildar, mandya, authorisation to run the fair price depot at Hanaganahalli was transferred to the name of r-3. This order is called in question by the petitioner in this writ petition.

(3.) ACCORDING to the learned counsel for the petitioner, authorisation can be transferred on compassionate ground only in favour of the spouse of the authorised person or in favour of the eligible children of the deceased licensee. Petitioner's counsel by relying upon proviso to Clause (13) of Karnataka Essential Commodities (PDS) control order, 1992 contends that the order passed by the Deputy Commissioner granting authorisation in favour of R-3 as bad in law.