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2025 DAILYLAW 51477 (KAR)

PRUTHVIRAJ B E v. THE STATE OF KARNATAKA

WP/25914/2025 · 2025-09-09

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35480 WP No. 25914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25914 OF 2025 (GM-PDS) BETWEEN: PRUTHVIRAJ B E S/O B.P. ESHWARAPA @ B.P. ESHWARASWAMY AGED 49 YEARS R/O HANIKE, HULUGUNDI POST, MADIHALLI PHOBLI, BELUR TALUK HASSAN DIST-573115 &PETITIONER (BY SRI. M.B.CHANDRA CHOODA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD, CIVIL SUPPLIES, CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001 2. THE JOINT DIRTECTOR AND AUTHORISED OFFICER Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35480 WP No. 25914 of 2025 FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, HASSAN HASSAN DISTRICT-573201 3. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, HASSAN HASSAN DISTRICT-573201 &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 23/07/2025 PASSED BY THE JOINT DIRECTOR, (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) HASSAN DISTRICT, HASSAN VIDE ANNEXURE-D, BY ISSUE OF WRIT OF CERTIORARI; ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO ISSUE AUTHORIZATION / LICENSE IN FAVOUR OF PETITIONER ON COMPASSIONATE GROUNDS FOR DISTRIBUTION OF ESSENTIAL COMMODITIES TO THE CARD HOLDERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35480 WP No. 25914 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner9s mother was issued with authorization to run a fair price depot in Hanike Village, Bommenahalli, Thandekere, Thimmanahalli, Vaddara Colony, Puttenahalli, Eraguppe. The petitioner9s mother has died on 13.06.2025, and the petitioner has filed an application for transfer of authorization in his favour on compassionate grounds. The petitioner is aged 49 years. The Joint Director and Authorized Officer, Food and Civil Supplies and Consumer Affairs, Hassan [the second respondent] has rejected the application essentially stating that because the mother of the petitioner was aged more than 65 years and the petitioner has not completed SSLC examination, the transfer of authorization cannot be granted. - 4 - HC-KAR NC: 2025:KHC:35480 WP No. 25914 of 2025 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. 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 endorsement dated 23.07.2025 [Annexure - D] directing the second respondent to issue appropriate endorsement for transfer of authorization in favour of the petitioner within a period of four [4] weeks without awaiting orders from others. - 5 - HC-KAR NC: 2025:KHC:35480 WP No. 25914 of 2025 [B] The petitioner is reserved with liberty to file a certified copy of this order within four [4] weeks. SD/- (B M SHYAM PRASAD) JUDGE RB