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V. Yadunandan Yadav v/s The State of Karnataka Represented by its Principal Secretary, Department of Food & Civil Supply And Consumer Affairs, Bengaluru & Others

Company & Directors' Information:- INDIA FOOD COMPANY PRIVATE LIMITED [Active] CIN = U15133MH2006PTC161188

Company & Directors' Information:- G I S FOOD PRIVATE LIMITED [Active] CIN = U15412DL2002PTC117761

Company & Directors' Information:- FOOD KARNATAKA LIMITED [Active] CIN = U01513KA2003PLC031873

Company & Directors' Information:- P L FOOD PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021305

Company & Directors' Information:- R K D FOOD PRIVATE LIMITED [Strike Off] CIN = U74999MH2014PTC253447

Company & Directors' Information:- S G L FOOD PRIVATE LIMITED [Strike Off] CIN = U74120UP2013PTC057688

Company & Directors' Information:- CIVIL SUPPLY PRIVATE LIMITED [Strike Off] CIN = U51900MP2013PTC029890

    W.P. No. 2449 of 2020 (GM-PDS)

    Decided On, 25 August 2020

    At, High Court of Karnataka


    For the Petitioner: B.G. Fayaz Sab, Advocate. For the Respondents: R1 to R4, Niloufer Akbar, AGA.

Judgment Text

(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India, praying to quash an impugned endorsement dated 03.12.2019 issued by the R-2 stating that an authorization was given to the petitioner only for a period of three Years on Compassionate Ground and on expiry of Three Years there is no provision for renewal of authorization as per Section 24(5) Of The National Food Security Act, 2013, which is produced and marked as Annexure-G as illegal, Arbitrary, Capricious and the same is passed without application of mind etc.)

1. Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader.

2. Learned counsel for the petitioner would invite the attention of the court to an order passed by the Co- ordinate Bench while disposing of W.P. No.41093/2019 wherein the Co-ordinate Bench after taking note of the earlier orders of the Co-ordinate Benches rendered in W.P. No.6993/2017 and W.P. No.22448/2015 was pleased to reject the contention that the said orders have been passed without noticing the amendment to The Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 and while disposing of the writ petition has been pleased to observe in paragraphs 6 to 10 as under:-

"6. On the other hand learned High Court Government Pleader submits that in W.P.No.22448/2015 referred to in W.P.No.6993/2017, the amended provision of the rules were taken into consideration and therefore, the aforesaid decision has no application to the fact situation of the case.

However, it was fairly submitted by him thatthe respondents have neither filed an application seeking review of the order dated 20.02.2017, nor have filed any writ appeal against the aforesaid order.

7. I have considered the submission made by the learned counsel for the parties and perused the records.

8. Admittedly, the application for transfer of authorization in favour of the petitioner has been rejected on the ground that the petitioner does not fulfill the criteria with regard to the age. Paragraph-5 of the order dated 20.02.2017 in W.P.No.6993/2017 reads as under:

"5. Both on the aspect relating to the applicant not requiring to pass the SSLC and the restriction of age not being applicable when the transfer of authorization is sought on compassionate ground has arisen before this Court in several writ petitions including W.P.No.22448/2015 dated 21.09.2016 and W.P.No.204335/2014 dated 17.11.2014 and it has been held that such condition cannot be imposed for transfer on compassionate ground."

9. From close scrutiny of the aforesaid paragraph, it is evident that in W.P.No.22448/2015, which was decided by an order dated 21.09.2016, it has been held that the requirement with regard to having passed SSLC and restriction of age is not applicable when the transfer of authorization is sought on compassionate ground. The aforesaid finding has admittedly attained finality and is binding on the respondents as they have not challenged the same either by filing a review petition or byfiling a writ appeal. Therefore, this Court finds no reason to take a different view.

10. In the result, the impugned endorsement dated 03.08.2019 is hereby quashed and set aside and a direction is issued to respondent No.2 to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date on which a copy of this order is furnished."

3. The learned High Court Govt. Pleader would vehemently contend that the judgments of the Co-ordinate Bench cannot be relied upon as they have been passed without reference to the amendment introduced by The Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. The said contention is fallacious in the light of the observations of the Co-ordinate Bench in paragraph 6 stated supra. It is pertinent to note that a similar contention has been canvassed before the Co-ordinate Bench and Co-ordinate Bench has been pleased to reject the same. The Co-ordinate Bench has also categorically recorded the submissions of the learnedGovt. Pleader and that neither a review nor an appeal against the judgment has been sought.

4. The instant petitioner is similarly situated and the petitioner is also entit

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led to a similar relief. Accordingly, the impugned endorsement dated 03.12.2019 (Annexure- G) to the writ petition is set-aside, consequently, direction follows to the second respondent to consider the application of the petitioner for transfer of authorization on compassionate grounds as expeditiously as possible, at any rate, the same shall be considered and disposed of within six weeks from today. Petition ordered accordingly. There shall be no order as to costs.