- 1 - HC-KAR NC: 2025:KHC:34216 WP No. 23445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23445 OF 2025 (GM-PDS) BETWEEN: SRI LEPAKSHI K H S/O. LATE HELAVAPPA, AGED ABOUT 47 YEARS, R/AT KANAGONDANAHALLI KADUR, CHIKKAMAGALUR, KARNATAKA-577548. …PETITIONER (BY SMT. RAKSHITHA D J.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, BANGALORE-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34216 WP No. 23445 of 2025 2. DEPUTY DIRECTOR, DEPARTMENT FOOD AND CIVIL SUPPLIES, CHIKAMAGALUR DISTRICT, CHIKKAMAGALUR -577101. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT DATED 18.09.2021 ISSUED BY THE R2-DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES CHIKKAMAGALURU VIDE ANNEXRUE-H BEARING NUMBER AA. NA. SA. NYA. BE. AN/CR/17/2021-2022; TO SET ASIDE THE ORDER DATED 25.08.2021 ISSUED BY THE R2- DEPUTY DIRECTOR DEPARTMENT FOOD AND CIVIL SUPPLIES CHIKKAMAGALURU VIDE ANNEXURE-F BEARING NO. AA. NA. SA. NYA. BE. AN/CR/17/2021-2022 AND CONSEQUENTLY PERMIT THE PETITIONER TO RUN THE FAIR SHOP; DIRECTING THE R2 TO CONSIDER THE REPRESENTATION DATED 07.09.2021 MADE BY THE PETITIONER VIDE ANNEXURE-D AND TO CONSEQUENTLY PROVIDE TRANSFER OF AUTHORIZATION TO RUN THE FAIR PRICE SHOP IN FAVOUR OF THE PETITIONER. - 3 - HC-KAR NC: 2025:KHC:34216 WP No. 23445 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner’s father was issued with authorization to run a fair price depot in Chikkamagaluru. The petitioner’s father has died on 03.07.2021, and the petitioner has filed an application for transfer of authorization in his favour on compassionate grounds. The petitioner is aged 47 years. The Deputy Director, Department of Food Civil Supplies, Chikkamagaluru District, Chikkamagaluru [the second respondent] has cancelled the authorization granted in favour of the petitioner's father stipulating alternative arrangement by the order dated 25.08.2021 [Annexure-F]. Subsequently, the second respondent has rejected the petitioner's application for transfer essentially stating that the petitioner's father was aged 70 years as of the date of - 4 - HC-KAR NC: 2025:KHC:34216 WP No. 23445 of 2025 demise and that the petitioner has not completed 10th grade/SSLC. However, it remains salient that this Court has been repeatedly reiterating that transfer of authorization on compassionate grounds must not be refused either on the ground of educational qualification or age, and as such, there must be interference. If the petitioner is entitled for transfer of the authorization, the second respondent's order dated 25.08.2021 also cannot be sustained. Further, this Court must observe that it is repeatedly stated before this Court that despite this Court's directions the authorization is not transferred awaiting orders from the Senior Officers. Hence, the following: ORDER [a] The petition is allowed quashing the second respondent's Order dated 25.08.2021 [Annexure-F] and the Endorsement dated 18.09.2021 - 5 - HC-KAR NC: 2025:KHC:34216 WP No. 23445 of 2025 [Annexure-H] directing the second respondent to issue appropriate orders for transfer of authorization in favour of the petitioner within a period of four [4] weeks without awaiting orders from other officers. [b] The petitioner is reserved with liberty to file a certified copy of this order within four weeks. Sd/- (B M SHYAM PRASAD) JUDGE AN/-