Shaila Veerayya vs The Deputy Commissioner (Food), The Thasildar and The Commissioner for Food and Civil Supplies

Mohan M. Shantana Goudar, J.—The endorsement at Annexure-F dated 03.12.2011 issued by the Tahsildar, Aland, is called in question in this writ petition. By the said endorsement, petitioner''s prayer for grant of authorization in his favour to distribute kerosene under Public Distribution System, on compassionate grounds is rejected.

The records reveal that the petitioner''s father namely Irayya Gurushanthayya was authorized to distribute the essential commodities under Public Distribution System. A licence was provided to him. Unfortunately, he expired on 08.09.2004 as is clear from death certificate at Annexure-A. It is also relevant to note that the petitioner''s father namely Irayya Gurushanthayya was having licence No. 49/1987 issued under the provisions of Karnataka Essential Commodities Licensing Order, 1986. The licence continued till his death and even after death as is clear from the document at Annexure-D.

According to the petitioner, though the licence was not renewed in his name, kerosene was supplied to the petitioner for distribution even after the death of his father and consequently, petitioner has distributed the kerosene to the cardholders till the year 2011. However, in the year 2011, petitioner sought renewal of licence in his favour on compassionate grounds. Certain clarification was sought for by the Deputy Commissioner, Gulbarga, with the 3rd respondent. However, nothing is placed on record as to what is the clarification issued by the 3rd respondent to the first respondent. The Tahsildar, however, proceeded to issue endorsement as per Annexure-F dated 03.12.2011 rejecting the prayer of the petitioner for renewal of the licence in his favour.

This Court does not find any ground to deny the relief in favour of the petitioner. Admittedly, petitioner''s father was authorized agent for distributing the essential commodities under Public Distribution System. Annexure-D - licence No. 49/1987 was issued to the petitioner''s father under the provisions of Karnataka Essential Commodities Licensing Order, 1986. Annexure-D clearly specifies that petitioner''s father was authorized to purchase, sale or store kerosene. If it is so, endorsement at Annexure-F under which it is wrongly stated that the petitioner''s father did not have licence to distribute the kerosene is bad in the eye of law. The impugned endorsement wrongly states that the petitioner''s father did not have licence to distribute the kerosene. Endorsement at Annexure-F is contrary to the licence at Annexure-D and therefore, the impugned endorsement at Annexure-F stands quashed.

Respondent Nos. 1 and 2 are directed to reconsider the prayer of the petitioner for renewal of the licence to distribute the kerosene in his favour on compassionate grounds, keeping in mind, the Licence No. 49/1987 vide Annexure-D, which is renewed from time to time even after the death of petitioner''s father. Action shall be taken by respondent Nos. 1 and 2 as early as possible but not later than the outer limit of three months from the date of receipt of a copy of this order.

Accordingly, petition is allowed.