- 1 - HC-KAR NC: 2025:KHC:37191 WP No. 24893 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24893 OF 2025 (GM-PDS) BETWEEN: DHARMENDRA N AGED ABOUT 39 YEARS, S/O. NARASIMHA MURTHY S.C., R/O. NAGARLE VILLAGE, NANJANGUD TALUK, MYSORE DISTRICT. …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. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, DISTRICT COMPLEX, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37191 WP No. 24893 of 2025 MYSORE DISTRICT, MYSORE. 3. 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 W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.06.2025 PASSED BY THE R-2 IN HIS ORDER NO. FPS. NO.THA/05/2024-25 AT ANNX-B; ISSUE WRIT OF MANDAMUS TO THE R-2 DIRECTING HIM TO CONSIDER THE APPLICATION OF THE PETITIONER AT ANNX-A1 DATED 31.12.2023 IN TERMS OF THE ORDER PASSED BY THIS COURT IN W.P.NO. 23934/2023 DATED 30.10.2023 AND W.P.NO. 31745/2024 DATED 13.12.2024 PRODUCED AT ANNX-C AND C1 WITHOUT SEEKING ANY PERMISSION FROM THE R-3 FORTHWITH. - 3 - HC-KAR NC: 2025:KHC:37191 WP No. 24893 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's application for transfer of authorization to run a Fair Price Depot on compassionate ground with the demise of his father [in whose favour the authorization is issued] is rejected. The second respondent has rejected the petitioner's application by his order dated 10.06.2025. The second respondent has rejected the petitioner's application on the ground that he does not possess requisite educational qualification. This Court must opine that this Court's consistent view has been that the authorities cannot refuse transfer of authorization on educational qualification or the upper age limit of the deceased, and as such, this Court must intervene quashing the second respondent's impugned order with appropriate directions. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:37191 WP No. 24893 of 2025 ORDER [a] The petition is allowed quashing the second respondent's Order dated 10.06.2025 [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 other officers. [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 AN/-