Abdul Kareem S/o Mohammad Chand Paash v. Commissioner Food and Civil Supplies and Consumer Affairs Department
2020-06-18
R.DEVDAS
body2020
DigiLaw.ai
ORDER : R. DEVDAS J. Learned Additional Government Advocate is directed to take notice for the respondent. Since, the issue stands covered by several decisions of this court, the matter is taken up for final disposal with the consent of the learned counsel for the petitioner as well as learned Additional Government Advocate. 2. The petitioner made an application to the respondent authorities for grant of authorisation to run a Fair Price Depot allotted to his father who died at the age of 70 years. The application was rejected on the ground that the petitioner was not within the age group of 18 to 30 years as on the date of the death of his father and coupled with the fact that the father of the petitioner, when he passed away was above the age of 65 years, and therefore it is hit by Rule 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order and amended provisions. 3. However, this court in several such cases including Writ petition Nos.6993/2017, No.22448/2015 and No.204335/2014, while analysing Rule 13 of the Control Orders held that the said provision is not applicable in cases where authorisation of dealership is sought on compassionate ground and therefore, the requirement regarding age and qualification as prescribed in Rule 13 shall not be made applicable in cases of application for authorisation on compassionate ground. Following the said decisions, several other writ petitions including W.P.No.202370/2019 was disposed of on 11.06.2019 and W.P.No.202961/2019 was disposed of on similar lines on 10.07.2019. It is also an admitted position that these decisions are not upset. 4. For the foregoing reasons, petition is allowed. The impugned endorsement dated 18.03.2020 at Annexure-F is hereby quashed and set aside. A direction is issued to respondent No.2 Deputy Director, Food and Civil Supplies to consider the application for transfer of authorisation on compassionate ground as expeditiously as possible, but not later than two months from the date of receipt of certified copy of this order, keeping in view the observations made herein above.