In a significant ruling, the Jharkhand High Court has clarified the requirements for the transfer of licences on compassionate grounds, emphasizing that the claimant must be a dependent of the deceased. The judgment was delivered by Justice Ananda Sen in the case of Brajkishore Sao v. The State of Jharkhand (W.P.(C) No. 4661 of 2023).
Background of the Case
The petitioner, Brajkishore Sao, challenged the transfer of a Public Distribution System (PDS) license, originally held by his late father, to his younger brother, Prem Sao (respondent No. 4). The petitioner contended that the transfer was executed without his consent and without obtaining a “No Objection Certificate” (NOC) from him, as required by the Jharkhand Targeted Public Distribution System Control Order, 2022.
Legal Issues Involved
The case revolved around two main legal issues:
Dependency Requirement: Whether the claimant for the licence transfer on compassionate grounds must be a dependent of the deceased.
No Objection Certificate: Whether the transfer of the licence could proceed without obtaining an NOC from other heirs.
Court’s Decision
Justice Ananda Sen dismissed the writ petition, upholding the transfer of the licence to Prem Sao. The court made several important observations:
1. Dependency on the Deceased:
– The court referred to Clause-11(Cha) of the Jharkhand Targeted Public Distribution System Control Order, 2022, which stipulates that a licence can be transferred on compassionate grounds to a dependent of the deceased.
– It was noted that the petitioner, Brajkishore Sao, was not a dependent of the deceased as he had his own separate source of livelihood.
2. No Objection Certificate:
– Clause-11(Ja) of the Order requires an NOC from other claimants if there are multiple claimants for the licence.
– The court observed that the petitioner had not claimed the transfer of the licence on compassionate grounds in his favour.
3. Recommendation by the Widow:
– The court highlighted that the widow of the deceased, who is the mother of both the petitioner and respondent No. 4, had recommended the transfer of the licence to Prem Sao.
– The court stated, “Since the widow of the deceased has recommended respondent No. 4 and her wish has been honoured by the State, being the wish of the widow of the deceased, I find that the licence has been correctly transferred in the name of the youngest son i.e. respondent No. 4.”
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Parties and Representation
Petitioner: Brajkishore Sao, represented by Advocates Mr. Anuj Burman, Mr. Birendra Kumar, and Mr. Raj Kishore Sahu.
Respondents: The State of Jharkhand and others, represented by Mr. Aditya Raman (AC to GA-III) and Mr. Suraj Singh.
