Case Note & Summary
The petitioner, L. Jagadish, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an endorsement dated 18.05.2013 issued by the Deputy Commissioner (Food), Davanagere District (Respondent No.1). The petitioner sought a mandamus directing the respondents to consider his application for transfer of authorization on compassionate grounds, treating him as the natural son of the deceased authorized dealer, Sri Krishnoji Rao. The authorization for distributing essential commodities under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 was originally issued in favor of Sri Krishnoji Rao on 04.01.1999 and was renewed from time to time, valid until 09.05.2011. The petitioner claimed to be the adopted son of Krishnoji Rao under a deed of adoption dated 04.01.1999. Upon the death of Krishnoji Rao, the petitioner applied for transfer of the license/authorization in his favor. The respondent rejected the application through the impugned endorsement, stating that a request made by an 'adopted son' cannot be considered. The petitioner argued that the adoption deed was valid and that he should be treated as a natural son for the purpose of compassionate transfer. The court noted that a similar issue was considered in W.P.No.8879/2013 dated 07.11.2013, where a contrary view was taken by another Single Judge. However, the court held that the adoption deed dated 04.01.1999 is valid and the petitioner is entitled to be considered for transfer of authorization as the adopted son. The court quashed the endorsement dated 18.05.2013 and directed the respondent to reconsider the application treating the petitioner as the natural son of the deceased dealer, within a period of six weeks from the date of receipt of the order.
Headnote
A) Public Distribution System - Compassionate Transfer of Authorization - Adopted Son - The petitioner, claiming to be the adopted son of the deceased authorized dealer, sought transfer of the PDS authorization on compassionate grounds. The respondent rejected the application solely on the ground that the request was made by an 'adopted son'. The High Court held that the adoption deed dated 04.01.1999 is valid and the petitioner is entitled to be considered for transfer of authorization as the adopted son. The court directed the respondent to reconsider the application treating the petitioner as the natural son of the deceased dealer. (Paras 1-4)
Issue of Consideration
Whether an adopted son is entitled to transfer of authorization under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 on compassionate grounds.
Final Decision
The writ petition is allowed. The endorsement dated 18.05.2013 is quashed. The respondent No.1 is directed to reconsider the application of the petitioner for transfer of authorization on compassionate grounds treating the petitioner as the natural son of the deceased dealer, within a period of six weeks from the date of receipt of the order.
Law Points
- Adopted son is entitled to compassionate transfer of PDS authorization
- Adoption deed valid under Hindu law
- Rejection on ground of adopted son not sustainable
- Mandamus issued to consider application
