SRI S NARASIMHA BHARATHI v. THE STATE OF KARNATAKA
WP/34064/2024 · 2025-03-24
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36000 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36000 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:12356 WP No. 34064 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34064 OF 2024 (GM-PDS) BETWEEN:
1. SRI. S. NARASIMHA BHARATHI, S/O LATE S. SIDDAPPA, AGED ABOUT 71 YEARS, R/AT 821, LINK ROAD, T. NARASIPURA TOWN, TIRUMAKUDALU NARASIPUR, T. NARASIPURA, DISTRICT MYSURU, MYSURU - 571 124. 2. SRI. N.B. MANOJ, S/O SRI. S. NARASIMHA BHARATHI, AGED ABOUT 39 YEARS, R/AT 821, LINK ROAD, T. NARASIPURA TOWN, TIRUMAKUDALU NARASIPUR, T. NARASIPURA, DISTRICT MYSURU, MYSURU - 571 124. …PETITIONERS (BY SRI. UDAYA SHANKAR RAI P., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:12356 WP No. 34064 of 2024
2. THE COMMISSIONER, DEPARTMENT OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS, BENGALURU - 560 001. 3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS, MYSURU DISTRICT - 571 124. 4. THE TAHASILDAR, T. NARASIPURA TALUK, T.NARASIPURA - 571 124. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE R-2 AND 3 TO CONSIDER THE REPRESENTATION (ANNX-H) OF THE P-2 FOR TRANSFER OF LICENSE / AUTHORIZATION FOR PUBLIC DISTRIBUTION OF ESSENTIAL COMMODITIES ISSUE TO THE P-1 TO THE NAME OF THE P-2 IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court, seeking the following prayers: A] Issue a writ of Mandamus to the Respondents No. 2 and 3 to consider the representation (Annexure- H) of the Petitioner No. 2 for transfer of
- 3 -
NC: 2025:KHC:12356 WP No. 34064 of 2024
license / authorization for public distribution of essential commodities issue to the Petitioner No. 1 to the name of the Petitioner No. 2. in the interest of justice. B] In the alternative issue a writ of mandamus to the respondent No. 3 to permit biometric login in alternative IRIS method for distribution of essential commodities at T.Narasipura Town.
C) Pass such other order or orders as deem fit in the circumstance of the case."
2. Heard Sri. Udaya Shankar Rai P., learned counsel appearing for the petitioners, Sri. Shamanth Naik, learned HCGP appearing for the respondents and have perused the material on record. 3. The mother of the first petitioner was granted authorization to run a fair price shop in the year 1995. The mother of the first petitioner dies on 28.01.2022 and the license is transferred on compassionate grounds to the first petitioner. 4. The issue in the lis is that the first petitioner is not able to operate the biometric as it every time declines and is causing a problem for distribution of essential commodities by the fair price shop. Therefore, the petitioners are at the doors of this Court seeking transfer of authorization license in the
- 4 -
NC: 2025:KHC:12356 WP No. 34064 of 2024
name of the first petitioner's son. The said prayer on the face of it, is not entertainable, as the authorization cannot be transferred for the asking, when there is a solution to the problem. 5. Learned HCGP would submit that the first petitioner is operating with the assistance of the son on opening of a parallel account. Therefore, there is no need to even consider the prayer, as a solution is already found by the first petitioner himself. 6. In that light, the petition stands disposed without answering the prayers. However, the State shall see to that there should be no problem with the biometric so that the public are not put to jeopardy. Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 16 CT: BHK