The petitioner filed this writ petition seeking writ of certiorari

quashing the order dated 18.08.2021 passed by the 3^rd respondent

vide Annexure-F.

Brief facts leading rise to filing of this writ petition are

as under:

The petitioner-society was allotted authorization under the

provisions of the Karnataka Essential Commodities (Public

Distribution System) Control Order, 2016. The card holders of the

fair price shop at Karagudari village were allotted to the petitioner-

society. The 3^rd respondent issued an endorsement in favour of

Smt.Jamrudha Doleshwar refusing to allot authorization on

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compassionate ground. The said endorsement was challenged

before this Court in W.P.No.147524/2020. This Court vide order

dated 10.03.2021 set aside the endorsement dated 07.09.2020 and

directed the 5^th respondent therein to re-consider the application for

transfer of authorization. In pursuance of the order passed by this

Court in W.P.No.147524/2020, the 3^rd respondent has passed an

order vide Annexure-F. The petitioner aggrieved by the same filed

this writ petition.

Heard leaned counsel for the petitioner and learned

High Court Government Pleader for State and also learned counsel

for respondent No.4.

Learned counsel for the petitioner submits that, prior to

grant authorization in favour of the 4^th respondent, the 3^rd

respondent did not obtain approval from the Commissioner, Food

and Civil Supplies and Consumer Affairs Department. The said

order is contrary to the notification dated 16.01.2021. He submits

that, the impugned order passed by the 3^rd respondent is arbitrary

and erroneous. Hence, on these grounds, he prayed to allow this

writ petition.

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5.

Learned High Court Government Pleader fairly

concedes that, the 3^rd respondent while granting an authorization in

favour of the 4^th respondent, has not obtained a prior approval of

the Commissioner, Food and Civil Supplies and Consumer Affairs

Department. He submits that, if the matter is remitted to the 3^rd

respondent, the 3^rd respondent would consider the notification

dated 16.01.2021 and pass appropriate order in accordance with

law.

6.

Learned counsel for the 4^th respondent submits that,

the Commissioner himself was the party in the earlier round of

litigation. He submits that, the 3^rd respondent has passed an order

in accordance with law. Hence, on these grounds, he prayed to

dismiss the writ petition.

7.

Heard and perused the records and considered the

submissions of the learned counsel for the parties.

8.

The petitioner is having an authorization to run fair

price shop. The father of the 4^th respondent namely Abdul Sattar

Dolleshwar was having authorization for distribution of food-grains.

He died on 24.12.2015. Thereafter the authorization of Karagudari

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village was handed over to the petitioner-society on 01.07.2020.

The son of Abdul Sattar Dolleshwar, the authorization holder has

filed application to transfer authorization in his favour on

compassionate ground. The 3^rd respondent rejected the said

application. The said endorsement was challenged before this

Court in W.P.No.147524/2020. This Court by its order dated

10.03.2021 set aside the endorsement issued by the 3^rd

respondent and directed the 3^rd respondent to re-consider the

application for approval of authorization.

9.

Learned High Court Government Pleader has filed a

memo along with notification dated 16.01.2021 issued by the State

Government. The amended clause 13 of the Karnataka Essential

Commodities Public Distribution System (Control) (Amendment)

Order, 2021 (“Amendment Act” for short), reads as follows:

“Amendment of clause 13. In the Karnataka

(Control) Order, 2016, in clause 13, for the proviso the

following proviso shall be substituted, namely.

“Provided that, the authorized authority may order

for such transfer in the events of death of the authorized

dealer before sixty five years of age”

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Provided further that, the person has no other

source of income, to the:-

i.

spouse; less then sixty five