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2025 DAILYLAW 75616 (KAR)

SRI RAVIKUMAR B v. STATE OF KARNATAKA

WP/25759/2025 · 2025-09-10

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35844 WP No. 25759 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25759 OF 2025 (GM-PDS) BETWEEN: SRI RAVIKUMAR B AGED ABOUT 42 YEARS, S/O. LATE. K. BASAVARAJAPPA R/AT. SHYAGALE VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577 002 …PETITIONER (BY SRI. RITHISH D NAIK., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GROUND FLOOR, VIKAS SOUDHA, BANGALORE - 560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35844 WP No. 25759 of 2025 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, DAVANAGERE DISTRICT, DAVANAGERE - 577 002 3. TAHASILDAR DAVANAGERE DISTRICT, DAVANAGERE-577 002 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE IMPUGNED ENDORSEMENT DATED 16.08.2025 ISSUED BY THE SECOND RESPONDENT IN NO. DVJFCS- ADMN0FPDA/21/2025-ADMN (25378) AT ANNEXURE-D, AND ISSUE WRIT OF MANDAMUS TO THE SECOND RESPONDENT TO CONSIDER THE APPLICATION FILED BY THE PETITIONER DATED 05.06.2025 AT ANNEXURE-C FOR TRANSFER OF AUTHORIZATION ON COMPASSIONATE GROUND IN FAVOUR OF THE PETITIONER IN TERMS OF THE ORDER DATED W.P.NO.5401/2025 DATED 17.03.2025 AND W.P NO. 31745 /2024 DATED 06.12.2024 ARE PRODUCED AT ANNEXURES-E - 3 - HC-KAR NC: 2025:KHC:35844 WP No. 25759 of 2025 AND F FOR TRANSFER OF AUTHORIZATION ON COMPASSIONATE GROUND FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 Shyagale Village, Davanagere Taluk and District. The petitioner’s father has died on 22.05.2025, and the petitioner has filed an application for transfer of authorization in his favour on compassionate grounds. The petitioner is aged 42 years. The Joint Director of Food and Civil Supplies, Davanagere District, Davanagere [the second respondent] has rejected the application essentially stating that because the father of the petitioner was - 4 - HC-KAR NC: 2025:KHC:35844 WP No. 25759 of 2025 aged more than 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 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 endorsement dated 16.08.2025 directing the second respondent to issue appropriate orders for transfer of authorization in favour of the petitioner within a period of four - 5 - HC-KAR NC: 2025:KHC:35844 WP No. 25759 of 2025 [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. Sd/- (B M SHYAM PRASAD) JUDGE RB