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2025 DAILYLAW 82945 (KAR)

SHIVASHANKARA T C., v. STATE OF KARNATAKA

WP/21276/2025 · 2025-08-07

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30678 WP No. 21276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21276 OF 2025 (GM-PDS) BETWEEN: SHIVASHANKARA T C., AGED ABOUT 47 YEARS, S/O. LATE T.S.CHANDRAPPA, RESIDENT OF TUMBASOGE VILLAGE, H.D.KOTE 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, MYSORE DISTRICT, MYSORE - 570 014. 3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30678 WP No. 21276 of 2025 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE - 560 052. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER DATED 21.06.2025 PASSED BY THE SECOND RESPONDENT IN HIS ORDER NO. FPS/H.D.KO/ANUKAMPA/01/2025-26 AT ANNEXURE - B; (2) 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 BY THIS COURT IN W.P.NO. 31745/2024 PRODUCED AT ANNEXURE - C. 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:30678 WP No. 21276 of 2025 ORAL ORDER The petitioner is aggrieved by the second respondent's order dated 21.06.2025 [Annexure-B] refusing transfer of authorization to the petitioner on the demise of his father though such request is based on compassionate grounds. The petitioner's request is rejected on the ground of the petitioner’s age, but then it is settled by a string of decisions by this Court that the Guidelines insofar far as 'transfer of authorization on compassionate ground' cannot be rejected based on either the age criterion or the educational qualification. Therefore, there must be interference quashing the impugned order and calling upon the second respondent to issue transfer of authorization. This Court is also informed that the transfers of authorization are delayed despite this Court's order in similar circumstances because permission is sought from the higher authorities, and as such, this - 4 - HC-KAR NC: 2025:KHC:30678 WP No. 21276 of 2025 Court has directed the concerned to issue transfer of authorization without delay on such account. Hence the following: ORDER [a] The petition is allowed and the second respondent's impugned order dated 21.06.2025 [Annexure-B] is quashed; [b] The second respondent is directed to issue transfer of authorization to the petitioner within four [4] weeks from the date of receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE AN/-