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2025 DAILYLAW 51997 (KAR)

MANTESH S ANGADI S/O ADOPTED LATE SHIDRAMAPPA ANGADI v. GOVERNMENT OF KARNATAKA

WP/105152/2025 · 2025-08-05

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9782 WP No. 105152 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105152 OF 2025 (GM-PDS) BETWEEN: MANTESH S. ANGADI ADOPTED S/O LATE SHIDRAMAPPA ANGADI, AGE. 31 YEARS, R. AT G. BASAVANAKOPPA, KALAGHATAGI, DHARWAD – 580 114. …PETITIONER (BY SRI. S.H.MITTALKOD, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKASA SOUDHA, BANGALORE 560001 2. DEPUTY COMMISSIONER, UB HILLS ROAD, NEAR HINDI PRACHAR SABHA CIRCLE, MALMADDI, DHARWAD, KARNATAKA 580 001. 3. JOINT DIRECTOR, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, DHARWAD 580 001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ANNEXURE-A PASSED BY R3 DATED 17.07.2025 REJECTING THE APPLICATION OF THE PETITIONER IN THE INTEREST OF JUSTICE AND ETC. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9782 WP No. 105152 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking the following reliefs: i. Issue a writ of certiorari quashing the Annexure-A passed by R3 dated 17.07.2025 rejecting the application of the Petitioner in the interest of justice. ii. Issue a writ of mandamus directing R3 to transfer the license in the name of the Petitioner on the compassionate grounds. iii. Issue any such other orders or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case in the interest of justice and equity. 2. The mother of the Petitioner had been granted an authorisation on 7.06.2012, which came to be renewed subsequently. Mother of the Petitioner expired on 3.07.2024. Hence, the Petitioner made an application for transfer of authorisation on a compassionate basis since the authorisation - 3 - HC-KAR NC: 2025:KHC-D:9782 WP No. 105152 of 2025 continued to be valid until 31.12.2025. The respondent by endorsement dated 17.07.2025, refused the said transfer of authorisation on the ground that the authorisation, which had been given, was only for distributing kerosene; now that kerosene has been stopped from distribution using PDS, the transfer of authorisation cannot happen. It is challenging; the Petitioner is before this Court. 3. Sri.S.H.Mittalkod, learned counsel for the Petitioner, would submit that it is not only kerosene which was being supplied under the PDS scheme to the Petitioner's mother, but also rice, jowar and other cereals which are part of the PDS scheme which were being supplied and which were being distributed by the mother of the Petitioner. In that regard, Annexures- F, F1 and F2 have been produced. In that background, he submits that the petition is required to be allowed by quashing the refusal made by the respondent. - 4 - HC-KAR NC: 2025:KHC-D:9782 WP No. 105152 of 2025 4. Learned AGA submits that it is only after the kerosene was stopped from distribution using the PDS mechanism that, as a stopgap arrangement, the Petitioner’s mother was being supplied with grains, and the same does not confer any right or interest in the Petitioner to continue with the authorisation. He, however, submits that the respondent-State is in the process of issuing a notification inviting applications, and if the Petitioner were to satisfy the requirement, the Petitioner would be granted such authorisation. The said submission answers the grievance of the Petitioner to some extent; however the endorsement which has been issued would be required to be quashed. As such, I pass the following: ORDER i. The writ petition is allowed. ii. A certiorari is issued, Annexure-A being order dated 17.07.2025, passed by respondent No.3 is quashed. - 5 - HC-KAR NC: 2025:KHC-D:9782 WP No. 105152 of 2025 iii. A mandamus is issued directing the respondent to continue to supply the foodgrains until new authorisation is issued to the successful applicant in respect of the subject location. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 69