- 1 - NC: 2025:KHC:7444 WP No. 3892 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3892 OF 2025 (GM-PDS) BETWEEN: SMT NANDINI AGED ABOUT 37 YEARS, D/O.LATE SHIVARUDREGOWDA, R/O.BANNIMUKODLU VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN 562117 …PETITIONER (BY SRI. SHIVARAMU H C., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU -560 001. 2. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, RAMNAGAR DISTRICT, RAMNAGAR- 562159 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7444 WP No. 3892 of 2025 3. THE THASILDAR KANKAPURA TALUK, RAMNAGAR DISTRICT- 562117 4. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE 560 052. …RESPONDENTS (BY SRI.H.K. KENCHEGOWDDA., AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.01.2025 PASSED BY THE SECOND RESPONDENT IN HIS ORDER NO. RAJI/FOOD/ANUKAMPA/31/2024-25 AT ANNEXURE-B AND ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO TRANSFER AUTHORIZATION IN FAVOUR OF THE PETITIONER FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE FOURTH RESPONDENT IN TERMS OF THE ORDERS DATED 18.04.2023 AND 09.09.2024 PASSED BY THIS HONBLE COURT IN WP.NO.7010/2023 AND 16787/2024 PRODUCED AT ANNEXURES-C AND C1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7444 WP No. 3892 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the rejection of the application seeking transfer of authorisation on compassionate grounds. 2. It is the case of the petitioner that the petitioner’s father, Sri Shivarudregowda, was granted authorization to run a Fair Price Depot at Bannimukodlu village, Kodihalli Hobli, Kanakapura Taluk, Ramanagara District. The petitioner’s father died on 11.09.2024 leaving behind four daughters, including the petitioner and her mother. The petitioner gave a representation on 09.12.2024, seeking transfer of authorisation on compassionate grounds. However, the second respondent-Deputy Director of Food, Civil Supplies, Ramanagara, has issued the impugned endorsement dated 28.01.2025 at Annexure-B, declining to transfer the authorization on the ground that the petitioner is married. - 4 - NC: 2025:KHC:7444 WP No. 3892 of 2025 3. A co-ordinate bench of this Court in W.P.No.51361/2019 had addressed the issue of whether married daughters are entitled to seek transfer of authorization. In paragraph No.3, it was held that the Control Orders of 2016 and 2021, which provide for the transfer of authorisation to unmarried daughters or widowed daughters with no source of income cannot discriminate against married daughters solely on the basis of their marital status, provided they have no independent source of income. It was held that such discrimination would violate Articles 14 and 15 of the Constitution of India, which guarantee equality before the law and prohibit discrimination on the grounds of gender. It was therefore directed in the said writ petition that even a married daughter would be entitled to seek transfer of authorization, subject to the fulfillment of the other conditions which are applicable to any other person who seeks transfer of authorization. - 5 - NC: 2025:KHC:7444 WP No. 3892 of 2025 4. In that view of the matter, the writ petition is allowed. The impugned endorsement dated 28.01.2025 at Annexure-B issued by the third respondent-the Deputy Director, Department of Food, Civil Supplies, Ramanagara, is hereby quashed and set aside. The third respondent is hereby directed to reconsider the application of the petitioner having regard to the observations made by this Court and pass orders regarding transfer of the authorization for the period fixed in terms of the notification dated 16.01.2021. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL