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2013 DIGILAW 698 (KAR)

Zahida Begum v. State of Karnataka

2013-06-18

MOHAN M.SHANTANAGOUDAR

body2013
ORDER Mohan M. Shantanagoudar, J.—The petitioner has sought for a direction to respondents to consider her applications dated 25-1-2011 and 4-5-2011 vide Annexures-D and D1 for grant/renewal of licence to run the Fair Price Depot/Shop or to transfer the licence in her name, in place of her late father. The records reveal that the petitioner's father namely, late Irshad Ahmed was authorised to distribute essential commodities under the provisions of Karnataka Essential Commodities Licensing Order, 1986. The authorised holder late Irshad Ahmed expired on 8-8-2009 as is clear from Annexure-B. The petitioner being the daughter of late Irshad Ahmed filed an application for transferring the licence in her favour or for grant of fresh licence in her favour on compassionate grounds. The said application came to be rejected by the endorsement at Annexure-E, dated 5-5-2011. Hence, this writ petition is filed. 2. The Circular issued by the State Government dated 21-7-1995 discloses that the dependent wife, husband, son and unmarried daughter of the authorised holder could be entitled to get renewal of authorisation to supply essential commodities. In the matter on hand, petitioner is a married lady. However according to the petitioner, she is a divorced woman and consequently she is not living with her husband; she was living with her parents till the death of her father; even now she is living with her mother; the petitioner was depending on her father during his lifetime and in turn petitioner's parents were dependant on the petitioner as she was taking care of their health. In other words, the petitioner submits that she was entirely depending on the income out of Fair Price Depot which was standing in the name of her late father. But the Circular, dated 21-7-1995 issued by the State Government will not be of any help to the petitioner. In order to get benefit of the said Circular, petitioner has to show before the authority that she is a divorced lady. Mere filing of an affidavit of her parents may not be sufficient to prove the factum of divorce. Be that as it may, it is open for the petitioner to produce relevant records/documents before the second respondent, who will examine the same and pass appropriate orders in her favour. Mere filing of an affidavit of her parents may not be sufficient to prove the factum of divorce. Be that as it may, it is open for the petitioner to produce relevant records/documents before the second respondent, who will examine the same and pass appropriate orders in her favour. In case if the relevant records/documents are produced, the second respondent also may get information from the jurisdictional Assistant Commissioner to find out whether the petitioner is actually a divorced woman or not and thereafter appropriate action will be taken by the second respondent. With the aforesaid observations, writ petition stands dismissed.