High CourtsSingle Bench(2013) 10 KAR CK 0121

Smt. Kamalamma vs The Deputy Commissioner (Food) and The Thasildar

Karnataka High Court · Decided on 23 October 2013

HON’BLE JUDGES
Mohan M. Shantanagoudar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 47249 of 2013 (GM-EC)

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Judgment

4 paragraphs · 248 words

Mohan M. Shantanagoudar, J.—The order dated 22.10.2013 is recalled by consent of the advocates on both sides. By the impugned order/endorsement dated 3.9.2013 vide Annexure-C, the application filed by the 1 petitioner for grant of authorization to distribute the essential commodities is rejected on the ground that the petitioner is a married lady and she has not passed SSLC examination.

2.

In so far as the ground relating to non-passing of SSLC is concerned, this Court has repeatedly ruled that passing of SSLC is not must in case of transfer of authorization of compassionate grounds on certain occasions. Therefore, the second ground of rejection relating to non-passing of SSLC examination cannot be sustained.

However, the first ground on which the application of the petitioner is rejected, appears to be correct. Undisputedly, the petitioner is a married lady. The authorization was earlier standing in the name of Smt. Puttamma, deceased mother of the petitioner herein. Petitioner is married and is living in her matrimonial house. Since the petitioner is married, she does not come within the ambit of the Government Order, dated 21.7.1995. The said order reveals that wife/husband/son/unmarried daughter of the deceased authorization holder could be entitled to get transfer of authorization in case of demise of the authorization holder. In the present case, the petitioner is the married daughter of Smt. Puttamma (authorization holder). Hence, the petitioner''s request for grant of authorization/transfer of authorization cannot be granted.

Hence, writ petition fails and accordingly, the same stands dismissed.