Person Seeking Transfer Of License On Compassionate Grounds Must Be "Dependent" Of Deceased: Jharkhand High Court
The Jharkhand High Court has ruled that a person seeking the transfer of a license on compassionate grounds must be a dependent of the deceased and must claim the license on compassionate grounds.
While clarifying the application of Clause-11 Cha and Clause-11 Ja of the Jharkhand Targeted Public Distribution System Control Order, 2022, Justice Ananda Sen held, “Clause-11 Cha of the Order, 2022, provides that on compassionate ground, license can be transferred to a dependent of the deceased. Further as per Clause-11 Ja, there is a provision that if there are more claimant for the said license on compassionate ground, “No Objection Certificate” from the other claimants should be obtained. Thus, from the aforesaid provisions, it is clear that the person who is seeking transfer of the said license on compassionate ground must be dependent on the deceased and must claim for the said license on compassionate ground.”
The case arose from a dispute over PDS license initially held by petitioner's father. Following the death of the petitioner's father, the license was transferred to the youngest son, respondent No.4. The petitioner filed a writ petition, arguing that a 'No Objection Certificate' from the heirs had not been obtained as required by Clause-11(Cha) and (Ja) of the Jharkhand Targeted Public Distribution System Control Order, 2022.
The Court observed that the petitioner was not a dependent of the deceased, as he had his own separate source of livelihood. Additionally, the petitioner's mother, the widow of the original licensee, had recommended respondent No.4 for the license transfer.
The Court stated, "So far as the claim for the license is concerned, there is nothing to suggest that he has claimed transfer of the license on compassionate ground in his favour. The fact which cannot be lost sight of is that the mother of these two persons i.e. widow of the original licensee is alive and she had recommended respondent No.4."
"Since the widow of the deceased has recommended respondent No.4 and her wish has been honored by the State being the wish of the widow of the deceased, I find that the license has been correctly transferred in the name of the youngest son i.e. respondent No.4," the Court added while dismissing the writ petition.
Case Title: Brajkishore Sao V. The State of Jharkhand
LL Citation: 2024 LiveLaw (Jha) 104