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2025 DAILYLAW 72165 (KAR)

SMT GEETHA v. THE STATE OF KARNATAKA BY

WP/31779/2025 · 2025-10-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42206 WP No. 31779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31779 OF 2025 (GM-PDS) BETWEEN: SMT GEETHA W/O LATE BASAVARAJU, AGED ABOUT 42 YEARS, R/AT T.MALLIGERE VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 405. …PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE JOINT DIRECTOR (FOOD), FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, MANDYA DISTRICT, MANDYA. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASH THE ENDORSEMENT DATED 21.08.2025 VIDE ¸ÀASÉå: DºÁgÀ/£Áå¨ÉCA (1)/ ¹Dgï/50/2025-26 AT ANNEXURE-D AND ETC., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42206 WP No. 31779 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondents. 2. The Petitioner is before this Court seeking for the following reliefs: "a. Issue a Writ of Certiorari or any other writ by quashing the endorsement dated 21.08.2025 vide ¸ÀASÉå: DºÁgÀ/£Áå¨ÉCA(1)/¹Dgï/50/2025-26 at Annexure-D. b. Issue writ of mandamus or any other appropriate writ directing the respondent No.2 to consider the representation given by the petitioner dated 15.07.2025 at Annexure-C. c. To pass such other necessary order as this Hon'ble Court deems fit in the interest of justice." 3. The husband of the petitioner was issued an authorization under the Karnataka Essential Commodities (Public Distribution System) Control Order to run a fair price depot. The said husband, unfortunately, expired on 20.06.2025. In that view of - 3 - HC-KAR NC: 2025:KHC:42206 WP No. 31779 of 2025 the matter, the petitioner made a representation to respondent No.2 on 15.07.2025 to transfer the authorization in her name. The said request came to be rejected by respondent No.2 on 21.08.2025 by issuing an endorsement on the ground that the petitioner had not completed 10th Standard and as such, transfer could not be made. Challenging the same, the petitioner is before this court seeking for the aforesaid reliefs. 4. This aspect of whether the transferee of an authorization on compassionate grounds is required to have passed 10th Standard has been considered by co-ordinate Bench of this Court by order dated 20.02.2017 in W.P.No.6993 of 2017 and this Court has come to a categorical conclusion that the requirement to pass SSLC cannot be applicable to a transfer of authorization on compassionate grounds and it will be only applicable to an application made - 4 - HC-KAR NC: 2025:KHC:42206 WP No. 31779 of 2025 for grant of authorization in pursuance of the notification issued. 5. In that view of the matter, I have passed the following order: ORDER a) Writ petition is allowed. b) Certiorari is issued. The endorsement dated 21.08.2025 at Annexure-D is quashed. c) Respondents are directed to consider the representation dated 15.07.2025 at Annexure-C without reference to the petitioner having passed SSLC examination and process the application within a period of 4 weeks from date of receipt of copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE DM List No.: 1 Sl No.: 29