- 1 - HC-KAR NC: 2025:KHC:29430 WP No. 14173 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14173 OF 2025 (GM-PDS) BETWEEN: 1. SMT G L SUDHA AGED ABOUT 61 YEARS, W/O LATE S.V.SATHYA PRAKASH 2. S.S.VIJAY AGED ABOUT 40 YEARS, S/O.LATE S.V.SATHYA PRAKASH BOTH ARE RESIDING AT NO.1056, KAPILA ROAD, BRAHMIN ROAD, II MAIN, SARGUR TOWN AND TALUK, MYSORE DISTRICT - 571 121. …PETITIONERS (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:29430 WP No. 14173 of 2025 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, MYSORE DISTRICT, MYSORE. 3. THE COMMISIONER FOR FOOD CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORTE 560 052. …RESPONDENTS (BY SRI.SMT. K.P YASHODHA., AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE ORDER DATED 13.12.2024 PASSED BY THE SECOND RESPONDENT IN HIS ORDER NO. FPS/SARGUR/ANUKAMPA/01/2023-24 AT ANNEXURE- B; ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO TRANSFER AUTHORIZATION IN FAVOUR OF THE SECOND PETITIONER FORTHWITH WITHOUT RELYING UPON THE AMENDED CLAUSE 13 OF THE KEC (PDS) CONTROL ORDER, 2016 DATED 16.01.2021. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:29430 WP No. 14173 of 2025 ORAL ORDER The petitioners are peculiarly placed. The petitioners claim under one Mr. S.V. Sathya Prakash who had an authorization for the Fair Price Depot at Sargur Town. Upon Mr.S.V.Sathya Prakash's demise, his elder son, Mr. S.S.Vinay, has applied for transfer of the authorization on compassionate grounds. Ultimately, he has had to file a writ petition with this Court in W.P.No.5171/2020 for directions for transfer. This Court has disposed of the petition directing the Joint Director of Food and Civil Supplies, Mysuru to consider his request for transfer of authorization on compassionate grounds within a certain time frame. 2. Mr.S.S.Vinay has died on 08.07.2023 just a short while after the transfer of the authorization in his favour. The petitioners, the wife and another son of Mr.S.V.Sathya Prakash, have filed this petition being aggrieved by the second respondent's - 4 - HC-KAR NC: 2025:KHC:29430 WP No. 14173 of 2025 Communication dated 13.12.2024. The second respondent has issued this Communication to the first petitioner informing her that the request for transfer of authorization cannot be accepted because she does not possess the requisite educational qualification and the request for transfer in favour of the second petitioner cannot be considered because it would be a transfer of authorization in favour of a brother. 3. Mr.H.C.Shivaramu, the learned counsel for the petitioners, relying upon the circumstances as aforesaid, submits that the transfer of the authorization is essentially because of the demise of Mr.S.V.Sathya Prakash and the demise of one of his sons is in the immediate time after the transfer in his favour leaving behind the second petitioner. The learned counsel submits that therefore, transferring authorization in favour of the second petitioner will not be a transfer of authorization issued to a brother. - 5 - HC-KAR NC: 2025:KHC:29430 WP No. 14173 of 2025 4. Further, Mr. H.C.Shivaramu submits that the first petitioner is illiterate and if there is any transfer in her favour, she cannot attend to the affairs of the Fair Price Depot and that she would require the assistance of the second petitioner. When queried, the learned counsel is categorical that if there is ever a complaint by the first petitioner that the second petitioner has abandoned her or is not looking after her, the authorization could always be cancelled. 5. Mrs. K. P. Yashodha, the learned Additional Government Advocate, is heard in the light of these circumstances. The irrefutable fact is that this Court has held that the stipulation on educational qualification and age cannot be enforced when there is a request for transfer of authorization on compassionate grounds. In the present circumstances, this Court is of the considered view that peculiarities are demonstrated to show that - 6 - HC-KAR NC: 2025:KHC:29430 WP No. 14173 of 2025 transfer of the authorization in favour of the second petitioner will not be a transfer between two brothers because the transfer of the authorization in favour of Mr. S.V. Sathya Prakash's elder son was only for a short period with he breathing his last soon after the transfer. As the transfer of the authorization in favour of the second petitioner would only be on compassionate grounds, the first petitioner’s interest must also be suitably protected and the stipulation that the authorization would be liable to be cancelled if the second petitioner fails to look after the first petitioner's well-being should protect her interest as well. In the light of afore, the following: ORDER [A] The petition is allowed and the first respondent's Communication dated 13.12.2024 [Annexure-B] is quashed directing the second respondent to transfer, within four [4] weeks from the date of receipt of a certified copy of this order, the - 7 - HC-KAR NC: 2025:KHC:29430 WP No. 14173 of 2025 authorization of the Fair Price Depot at Sargur town in favour of the second petitioner specifically stipulating that if there is a complaint about the second petitioner not looking after the first petitioner, the authorization could be cancelled. [B] The petitioner is reserved with liberty to file a certified copy of this order with the second respondent within two [2] weeks from the date of receipt thereof. In view of disposal of the petition, the pending application stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr