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2025 DAILYLAW 86189 (KAR)

DARSHAN v. STATE OF KARNATAKA

WP/18563/2025 · 2025-09-15

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36775 WP No. 18563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18563 OF 2025 (GM-PDS) BETWEEN: DARSHAN AGED ABOUT 21 YEARS, ADOPTED SON OF LATE SMT. LALITHAMMA AND MUNIAPPA, RESIDING AT NO.48, 5TH CROSS, NEAR KALAMMA TEMPLE, KALASTRI NAGAR, T.DASASRAHALLI POST, V.T.C., BANGALORE NORTH, BANGALORE560 057. …PETITIONER (BY SRI. SHIVARAMU H.C.,ADVOCATE) AND: 1. STATE OF KARNATAKA STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36775 WP No. 18563 of 2025 VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, BANGALORE URBAN DISTRICT, BANGALORE - 560 001. 3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORTE - 560 052. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT DATED 10.06.2025 ISSUED BY THE SECOND RESPONDENT IN HIS ORDER NO. CG/01/2023-24 AT ANNEXURE -B; TO THE RESPONDENT NO. 2 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER AT ANNEXURE -A2 IN TERMS OF THE ORDER / DIRECTION ISSUED IN PARA 11 OF THE ORDER PASSED IN WP NO. 22431/2024 DATED 11.09.2024 AT ANNEXURE -C; TO THE SECOND RESPONDENT TO TRANSFER THE AUTHORIZATION IN FAVOUR OF - 3 - HC-KAR NC: 2025:KHC:36775 WP No. 18563 of 2025 THE PETITIONER FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE THIRD RESPONDENT PRODUCED AT ANNEXURE -D. 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 asserts that he is adopted by Smt. Lalithamma and Sri Muniyappa and he is aggrieved by the second respondent's decision vide the impugned Endorsement dated 10.06.2025 to refuse transfer of authorization to the petitioner on the ground that he is the adopted son. Sri H.C.Shivaramu, the learned counsel for the petitioner, and Ms. K. P. Yashoda, the learned Additional Government Advocate, are heard for disposal in the light of the petitioner’s case based on consistent decisions of this Court including the - 4 - HC-KAR NC: 2025:KHC:36775 WP No. 18563 of 2025 decisions in Writ Petition No.22431 of 2024 and connected matters and Writ Petition No. 3315 of 2024. This Court in the first batch of writ petitions has observed thus: "In the light of the foregoing, it is evident that the spouse, sons, adopted sons, and both married and unmarried daughters of deceased authorized dealers, who have attained the age of 18 years, are entitled to the transfer of authorization on compassionate grounds. Denial of such transfers on the grounds of marriage or other arbitrary criteria is discriminatory and unsustainable in law." [Underlining is by this Court] Ms. K.P.Yashoda does not controvert that this has been the Court's consistent view and in that event, the petition must be allowed quashing the second respondent's impugned endorsement. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:36775 WP No. 18563 of 2025 ORDER [A] The petition stands disposed of directing the second respondent, within four [4] weeks from the date of receipt of a certified copy of this order along with a representation from the petitioner, to transfer authorization for the subject Fair Price Depot in favour of the petitioner. [B] The petitioner is reserved with liberty to file such request with the second respondent within four [4] weeks from the date of receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE NV