Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36923 WP No. 27513 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27513 OF 2025 (GM-PDS)
BETWEEN:
SMT. M NAGARATHNA AGED ABOUT 51 YEARS, W/O.LATE K.PUTTASWAMY, RESIDENT OF ARALALUSANDRA VILLAGE, HOSUR POST, BIDADI HOBLI, RAMANAGARA TALUK RAMNAGAR DISTRICT-562109.
…PETITIONER (BY SRI. KARTHIK S., ADVOCATE FOR SRI. SHIVARAMU H.C.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36923 WP No. 27513 of 2025
VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, RAMNAGAR DISTRICT, RAMNAGAR- 562159.
3.
THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORTE - 560 052.
…RESPONDENTS (BY SMT.K.P. YASHODHA., AGA)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUSH THE ENDORSEMENT DATED 11.08.2025 ISSUED BY THE SECOND RESPONDENT IN NO.RA JI/FOOD/ANUKAMPA/75/2023-24 AT ANNEXURE- B; ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO TRANSFER AUTHORIZATION IN FAVOUR OF THE PETITIONER FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE THIRD RESPONDENT IN TERMS OF THE ORDERS DATED 06.12.2024 PASSED BY THIS HON'BLE COURT IN W.P.NO. 31745/2024 AND IN TERMS OF
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HC-KAR NC: 2025:KHC:36923 WP No. 27513 of 2025
THE
ORDER DATED 07.08.2025 PASSED IN W.P.NO.21276/2025 PRODUCED AT ANNEXURES-C AND C1 FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE THIRD RESPONDENT.
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 request for transfer of authorization to run a Fair Price Depot is rejected on the ground that the petitioner's husband, who had the benefit of authorization, was aged over 65 years at the time of his demise and that the petitioner does not have the requisite educational qualification. However, it remains undisputed that this Court's consistent view has been that the transfer of authorization cannot be rejected on either grounds and therefore there must be intervention setting aside
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HC-KAR NC: 2025:KHC:36923 WP No. 27513 of 2025
the impugned Endorsement dated 11.08.2025 [Annexure-B].
Further, the second respondent to consider the petitioner’s request for transfer of authorization within a period of four [4] weeks from the date of receipt of a certified copy of this order without seeking further orders from the superior officers. The petitioner must be at liberty to file a certified copy of this order within two [2] weeks from the date of receipt thereof. Hence, the following:
ORDER
The petition is allowed quashing the impugned Endorsement dated 11.08.2025 [Annexure-B] directing the second respondent to consider the petitioner’s request within four [4] weeks from the date of receipt of a certified copy of this order with liberty to the petitioner to file a
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HC-KAR NC: 2025:KHC:36923 WP No. 27513 of 2025
certified copy as aforesaid within a period of two [4] weeks from today.
Sd/- (B M SHYAM PRASAD) JUDGE
SA ct:sr