- 1 - HC-KAR NC: 2025:KHC:31763 WP No. 20050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20050 OF 2025 (GM-PDS) BETWEEN: G BHASKAR SON OF GM GANGANNA AGED ABOUT 43 YEARS AND RESIDING AT DEVASAMUDRA VILLAGE, DEVASAMUDRA HOBLI, MOLKALMURU TALUK, CHITRADURGA DISTRICT 577 535 …PETITIONER (BY SRI. KUSHAL GOWDA, ADVOCATE FOR SRI. ABHINAY YT., ADVOCATE) AND: 1. THE COMMISSIONER OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU 560052 2. THE DEPUTY COMMISSIONER (FOOD) CHITRADURGA Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31763 WP No. 20050 of 2025 CHITRADURGA 571 501 3. THE JOINT DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS CHITRADURGA DISTRICT CHITRADURGA 571 501 …RESPONDENTS (BY SRI. K. P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. FSD/NYA AM/CR/43/2024-25 DATED 5.11.2024 PASSED BY THE 3RD RESPONDENT (ANNEXURE-D), AND CONSEQUENTIALLY, DIRECT THE 3RD RESPONDENT TO TRANSFER THE AUTHORIZATION TO RUN THE A FAIR PRICE DEPOT AT DEVASAMUDRA VILLAGE, DEVASAMUDRA HOBLI, MOLKALMURU TALUK, CHITRADURGA DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31763 WP No. 20050 of 2025 ORAL ORDER The petitioner’s mother was issued with authorization to run a fair price depot in Devasamudra Village, Devasamudra Hobli, Molakalmuru Taluk. The petitioner’s mother has died on 22.09.2024, and the petitioner has filed an application for transfer of authorization in his favour on compassionate grounds. The petitioner is aged 43 years. The Joint Director, Department of Food, Civil Supplies and Consumer Affairs, Chitradurga District has rejected the application essentially stating that since the age of the petitioner's mother was beyond 65 years, the transfer of authorization cannot be granted. 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 - 4 - HC-KAR NC: 2025:KHC:31763 WP No. 20050 of 2025 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 third respondent's order dated 05.11.2024 [Annexure - D] directing the third 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. - 5 - HC-KAR NC: 2025:KHC:31763 WP No. 20050 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