Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 80860 (KAR)

C R PURUSHOTHAM v. THE STATE OF KARNATAKA

WP/26536/2025 · 2025-09-03

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35015 WP No. 26536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26536 OF 2025 (GM-PDS) BETWEEN: C R PURUSHOTHAM AGED ABOUT 45 YEARS, S/O LATE C H RANGASWAMY, RESIDING AT DOOR NO. 13/151 III CROSS, AMBEDKAR EXTENSION, CHAMARAJNAGAR TOWN, TALUK AND DISTRICT. …PETITIONER (BY SRI. SHIVARAMU H.C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35015 WP No. 26536 of 2025 2. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES CHAMARAJANAGAR DISTRICT, CHAMARAJNAGAR. 3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD BANGALORE - 560052. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ENDORSEMENT DATED 07.08.2025 ISSUED BY THE SECOND RESPONDENT IN HIS ORDER NO. SA V PA/CR/84/2025-26 AT ANNEXURE - B II) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO TRANSFER AUTHORIZATION IN FAVOUR OF THE PETITIONER FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE THIRD RESPONDENT IN TERMS OF THE ORDER DATED 06.12.2024 PASSED IN W.P.NO.31745/2024 AND W.P.NO.21276/2025 - 3 - HC-KAR NC: 2025:KHC:35015 WP No. 26536 of 2025 DATED 07.08.2025 BY THIS HON'BLE COURT IN AT ANNEXURES - C AND C1 FORTH WITH. 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 father was issued with authorization to run a fair price depot in Adi Karnataka Street, Chamarajnagar Town. The petitioner’s father has died on 07.08.2025, and the petitioner has filed an application for transfer of authorization in his favour on compassionate grounds. The petitioner is aged 45 years. The Deputy Director, Department of Food Civil Supplies, Consumer Affairs Section, Chamarajnagar has rejected the application essentially stating that because the petitioner's father has died at the age of 73 years, the transfer of authorization cannot be granted. - 4 - HC-KAR NC: 2025:KHC:35015 WP No. 26536 of 2025 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 order dated 07.08.2025 [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 others. - 5 - HC-KAR NC: 2025:KHC:35015 WP No. 26536 of 2025 [B] The petitioner is reserved with liberty to file a certified copy of this order within four weeks. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr