Smt. M.J. Radha vs The Deputy Commissioner, (Food and Civil Supplies), The Tahsildar and The Assistant Director, Food and Civil Supplies

S. Abdul Nazeer, J.—Learned Additional Government Advocate is directed to take notice for the respondents.

The husband of the petitioner herein Y.A. Murali was the license holder for the distribution of kerosene under the P.D.S. Control Order. He died on 08.09.2012. Therefore, the petitioner made an application for transfer of the license on compassionate ground which has been rejected by the first respondent by his order at Annexure-B dated 05.02.2014. The petitioner has called in question the validity of the said order in this writ petition.

I have heard the learned counsel for the parties.

This Court in ''Smt. Lakshmamma v. The Deputy Commissioner (Food) and others'' in WP... No. 128/2012 and connected matters disposed of on 16.01.2012 has held that there is no bar for transfer license issued under the P.D.S. Control Order compassionate grounds it is held thus:

Perusal of the impugned orders would disclose that the applications have been rejected either on the ground that the petitioners/applicants have not completed SSLC or on the ground of delay. Identical questions have been considered by this Court in W.P. No. 8586/2006 dated 21.11.2008 (between R. Gayathri v. Deputy Commissioner &, Others), in W.P. No. 37478/2011 disposed of on 16.11.2011 (between Sri Marisiddaiah v. Deputy Commissioner & Others) and in W.P. No. 14349/2011 dated 25.5.2011 (between S. .Siddaraju v. The Deputy Commissioner & Others). After considering the rival contentions of the parties, this Court has directed transfer of the authorisation and the licenses to the petitioners therein. The said orders have attained finality. There is no reason for me to take a different view in these cases than the one taken by this Court earlier.

In the result, the writ petitions succeed and are accordingly allowed. The endorsement impugned in all these cases are hereby quashed. The respondent/competent authority is directed to consider the transfer of authorisation and licenses in favour of the petitioners keeping in view the observations made in the course of this order within a period of six weeks from the date of receipt of a copy of this order. No costs.

Therefore, the endorsement at Annexure-B is not sustainable in law. It is accordingly quashed. The first respondent is directed to consider the application of the petitioner in accordance with law and in the light of decision in Smt. Lakshmamma''s case. The writ petition is accordingly allowed.

Learned A.G.A. is permitted to file his memo of appearance within eight weeks from the date of receipt of copy of this order. No costs.