Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 48048 (KAR)

SMT. SUJATA W/O LATE VITTAL HAMMANNAVAR v. THE STATE OF KARNATAKA

WP/102505/2025 · 2025-04-22

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:6701 WP No. 102505 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102505 OF 2025 (GM-PDS) BETWEEN: SMT. SUJATA W/O LATE VITTAL HAMMANNAVAR, AGE: 31 YEARS, OCC: NIL, R/O: INGALGI VILLAGE, TQ: HUKKERI-591 309, DIST: BELAGAVI. … PETITIONER (BY SRI. SADIQ.N.GOODWALA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIES DEPT., VASANTH NAGAR, BENGALURU-01. 2. THE COMMISSIONER, FOOD CIVIL AND CONSUMER AFFAIRS DEPT., CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU-32. 3. THE DEPUTY DIRECTOR, FOOD CIVIL AND CONSUMER AFFAIRS DEPT., BELAGAVI, DIST: BELAGAVI-590 017. … RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6701 WP No. 102505 of 2025 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sadiq N.Goodwala., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for the respondents have appeared in person. 2. The petitioner – Smt.Sujata is the widow of a dealer, who was granted an authorization to operate a fair price shop for distribution of food grains under the Karnataka Essential Commodities Public Distribution System (Control) Order, 1992. Upon the death of her husband, the petitioner filed an application on 08.04.2025. However, the said application was rejected on the ground that she has not passed SSLC. Under these circumstances, the petitioner is before this Court. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Counsel for the petitioner placed reliance on the order passed by the Co-ordinate Bench of this Court in W.P.No.107010/2024. It is pivotal to mention that in several - 3 - NC: 2025:KHC-D:6701 WP No. 102505 of 2025 Writ Petitions, this Court has already decided that age and passing SSLC shall not be a bar for transfer of licence on compassionate ground. Under these circumstances, the petitioner would be entitled to favorable order. 5. The Writ of Certiorari is ordered. The endorsement dated:09.04.2025 issued by the third respondent vide Annexure-C is quashed. A Mandamus is ordered directing the third respondent to transfer the licence in favor of the petitioner in accordance with the judgment in W.P.No.13559/2020 and connected matters, W.P.No.103733/2024 and W.P.No.100048/2024, within a period of six weeks from the receipt of certified copy of this order. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP,RH LIST NO.: 1 SL NO.: 66