JAYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned counsel for the petitioner filed the memo dated 25.11.2019 stating that prayer (ii) may be dismissed as not pressed for the time being with liberty to challenge, if need arises in future. The submission is placed on record. Prayer (ii) in the above writ petition is dismissed as not pressed.

(2.) The petitioner has filed the present writ petition seeking to quash the endorsement dated 04.10.2019 issued by the respondent No.2 vide Annexure-B and for a direction to the respondent to consider the application filed by the petitioner dated 25.10.2019(19.10.2019) produced at Annexures-A1 in terms of the order dated 08.02.2019 passed this Court in W.P.No.17131/2018 vide Annexure-C, forthwith.

(3.) It is the case of the petitioner that her husband, late Deve Gowda was granted authorization in the year 1992-93 under the provisions of Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, by the competent authority for distribution of essential commodities to the card holders of Malalikoppa village, Shivamogaa Taluk and District. The petitioner's husband, while carrying on the business, died on 15.09.2019 leaving behind the petitioner and the family members. Therefore, the petitioner made representation dated 25.10.2019 (19.10.2019) to the respondent Nos.2 and 3 seeking transfer of authorization in her favour on compassionate grounds, which came to be rejected by the respondent No.2 by the Order dated 04.10.2019, mainly on the ground that, under the PDS Control Order the age of the licence holder as on the date of his death must be below 65 years, whereas in the present case, the deceased licence holder was aged 69 years. So also, the applicant must be aged between 18 to 30 years, whereas, the petitioner is aged 66 years. Therefore, petitioner is not entitled for transfer of authorization. Hence the present writ petition is filed for the relief sought for.