License To Run Fair Price Shop Not Transferable: Karnataka High Court Reiterates
The Karnataka High Court has said that authorisation to run a fair price shop issued to a dealer cannot be transferred to any other person.A single judge, Justice Suraj Govindaraj said thus while dismissing a petition filed by one Lakshmamma who had sought to quash the endorsement issued by the authority and consider his representation seeking for transfer of the authorization to run a fair...
The Karnataka High Court has said that authorisation to run a fair price shop issued to a dealer cannot be transferred to any other person.
A single judge, Justice Suraj Govindaraj said thus while dismissing a petition filed by one Lakshmamma who had sought to quash the endorsement issued by the authority and consider his representation seeking for transfer of the authorization to run a fair price shop.
The bench referred to Rule 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 and said “A perusal of Rule 13 and the Proviso would indicate that no authorized dealer shall assign or transfer his authorization to any other person and no person shall carry on business as a transferee or otherwise on behalf of such authorized dealer.”
Following which it held “There being a specific prohibition in terms of Rule 13, the request made by the petitioner cannot be accepted. There being no vested right in the petitioner for a transfer, a mandamus cannot also be issued. Hence, the petition stands dismissed.”
Appearance: Advocate Lakshmikanth K for Petitioner.
AGA Sidarth Baburao for Respondents
Citation No: 2025 LiveLaw (Kar) 412
Case Title: LAKSHMAMMA AND THE STATE OF KARNATAKA & ANR
Case No: WRIT PETITION NO. 31337 OF 2025