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2025 DAILYLAW 56308 (KAR)

SIDDAGANGAIAH H.M., v. STATE OF KARNATAKA,

WP/24316/2025 · 2025-09-22

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37918 WP No. 24316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24316 OF 2025 (GM-PDS) BETWEEN: SIDDAGANGAIAH H.M., AGED ABOUT 54 YEARS, S/O. LATE MUDDAIAH, R/O.HEGGUNDA VILLAGE, SOMAPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT -562 123. …PETITIONER (BY SRI. SHIVARAMU H.C.,ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU 560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37918 WP No. 24316 of 2025 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, DISTRICT COMPLEX, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. - 562110. 3. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, DISTRICT COMPLEX, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT -562110. 4. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE 560 052. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO- I) QUASH THE IMPUGNED ENDORSEMENT DATED 25.07.2025 ISSUED BY THE SECOND RESPONDENT - 3 - HC-KAR NC: 2025:KHC:37918 WP No. 24316 of 2025 IN HIS ORDER NO. /DRA/ 13/2025-26 AT ANNEXURE-B; II) 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 30.10.2023 AND 13.12.2024 PASSED BY THIS COURT IN W.P.NO. 23934/2023 AND W.P.NO. 33154/2024 PRODUCED AT ANNEXURES-C AND C1 RESPECTIVELYT; III) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO TRANSFER/ISSUE AUTHORIZATION ON COMPASSIONATE GROUND IN FAVOUR OF THE PETITIONER FORTHWITH IN TERMS OF THE ORDER DATED 13.12.2024 PASSED BY THIS COURT IN IDENTICAL W.P.NO.33154/2024 PRODUCED AT ANNEXURE-C1 FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE FOURTH RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:37918 WP No. 24316 of 2025 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 Benachanahalli Grama, Sompura Hobli, Nelamangala Taluk. The petitioner’s father has died on 01.07.2025, and the petitioner has filed an application for transfer of authorization in his favour on compassionate grounds. The Deputy Director, Department of Food Civil Supplies, Consumer Affairs Section, Bengaluru Rural District has rejected the petitioner's application essentially stating that the transfer of authorization cannot be granted because the petitioner’s father, the authorization holder, was aged 65 years as of the date of the demise. However, it remains salient that this Court has been repeatedly reiterating that transfer of - 5 - HC-KAR NC: 2025:KHC:37918 WP No. 24316 of 2025 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 order dated 25.07.2025 [Annexure- B] 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 others. [B] The petitioner is reserved with liberty to file a certified copy of this order within four weeks. - 6 - HC-KAR NC: 2025:KHC:37918 WP No. 24316 of 2025 In view of disposal of the petition, the pending application stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr