Sri B.E. Manjunath vs The Deputy Commissioner (Food), The Tahsildar and The Deputy Director for Food and Civil Supplies

B.S. Patil, J.—Learned High Court Government Pleader is directed to take notice for the Respondents.

Father of the Petitioner was holding a Retail Dealer''s License for distribution of kerosene oil duly issued by the 2nd Respondent herein as per the provisions of the Karnataka Essential Commodities Licensing Order, 1986. According to the Petitioner, after the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (for short, hereinafter referred to as ''PDS Control Order'') came into force authorisation was granted by the 1st Respondent - Deputy Commissioner (Food), Mysore District and the same stood renewed from time to time and was valid till 31.12.2012. However, unfortunately, the father of the Petitioner died on 27.04.2011 as is clear from the death certificate - Annexure-A (though it is contended in the writ petition that he died on 17.04.2011) leaving behind the Petitioner, his mother and four daughters.

The mother of the Petitioner filed an application on 18.05.2011 addressed to the Deputy Commissioner, Mysore, requesting to transfer the authorisation in favour of her son - Petitioner herein on account of the death of her husband. By an endorsement dated 29.08.2011 issued by the Deputy Director for Food and Civil Supplies, Mysore District - the 3rd Respondent herein, the request made by the mother of the Petitioner has been rejected stating that as per the Government Order, for securing authorisation for distribution of essential commodities including kerosene oil, SSLC was the requisite qualification and as the Petitioner had not passed SSLC, he was not eligible. This endorsement, produced at Annexure-C is challenged in this writ petition.

During the course of arguments, learned Counsel for the Petitioner brings to the notice of the Court, the judgment passed by this Court in W.P. No. 8586/2006 disposed of on 21.12.2008 and W.P. No. 41665/2010 disposed of on 04.01.2011 to contend that this Court has already held that for the purpose of transfer of authorisation/license in favour of the dependent of the deceased consequent upon the death of the holder of the authorisation, requirement of pass in SSLC cannot be insisted and the Government Order issued in this regard had no application to the same.

This position in law, as held by this Court, is not disputed by the learned Government Pleader. In fact, the orders passed by this Court referred to herein above have attained finality. In that view of the matter, this writ petition is disposed of setting aside the impugned endorsement and issuing a direction to the Respondents to consider the application of the Petitioner in accordance with law without insisting for pass in SSLC. The application shall be considered within a period of three months from the date of receipt of a copy of this order.

Learned High Court Government Pleader is permitted to file memo of appearance for the Respondents within three weeks from today.