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2026 DAILYLAW 20685 (KAR)

SRI SWAMY H D v. THE STATE OF KARNATAKA

WP/16996/2026 · 2026-06-09

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27493 WP No. 16996 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16996 OF 2026 (GM-PDS) BETWEEN: SRI. SWAMY H.D., AGED ABOUT 45 YEARS, S/O LATE DASAPPA, KAADABEGURU VILLAGE, KANDALIKE HOBLI, SARGUR TALUK, MYSORE - 571 121. …PETITIONER (BY SRI. SURYA DEV R., ADVOCATE FOR 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 - 560 001. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, MYSORE - 570 005. DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DC OFFICE BUILDING, JLB ROAD, MYSORE - 570 005. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27493 WP No. 16996 of 2026 3. COMMISSIONER OF FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU - 560 052. …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I. TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ENDORSEMENT DATED 06.04.2026 ISSUED BY RESPONDENT NO.2 IN NO. JDMY/FPS/SARGURU/ANUKAMPA/03/2025-26 AT ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA is directed to take notice for respondent Nos.1 to 3 2. The petitioner is before this Court seeking for the following reliefs: “WHEREFORE the petitioner humbly prays that this Hon'ble Court be pleased i. To issue a Writ of Certiorari or similar writ or order or direction to quash the endorsement dated 06.04.2026 issued by Respondent No.2 in No. JDMY/FPS/SARGURU/ANUKAMPA/03/2025- 26 at Annexure-B. - 3 - HC-KAR NC: 2026:KHC:27493 WP No. 16996 of 2026 ii. To issue a Writ of Mandamus to Respondent No.2 to transfer or issue authorisation in favour of the petitioner forthwith in terms of order dated 13.12.2024 and 17.09.2025 passed in WP No.33154/2024 and WP No.24893/2025 respectively produced at Annexure-C and Annexure-C1 without seeking any permission/order from the Respondent No.3 as the Respondent No.2 alone is competent to transfer the authorisation. iii. To issue any other writ or order or direction to the Respondents deemed fit in the facts and circumstances of the case in the interest of justice and equity.” 3. The petitioner’s father was issued an authorization in the year 1993-94 to supply essential commodities to the card holders of the FPD point at Kaadabeguru Village. The father having expired on 20.01.2026, the petitioner made an application for transfer of authorization on compassionate basis, which came to be rejected on the ground that the father of the petitioner was more than 65 years as on the date of his death. It is in that background, the petitioner is before this Court seeking for the aforesaid reliefs. 4. This Court in several matters has held that the age of the authorization holder is not relevant for the purpose of - 4 - HC-KAR NC: 2026:KHC:27493 WP No. 16996 of 2026 considering the application for transfer on compassionate ground. It is the age of the transferee, which is required to be considered. 5. In that view of the matter, the petitioner being aged about 35 years within the upper limit of the regularizations, this Court passes the following ORDER (a) The writ petition is allowed. (b) The certiorari is issued. The endorsement at Annexure-B is quashed. (c) The mandamus is issued directing respondent No.2 to consider the application of the petitioner at Annexure-C and C1 without reference to the age of the authorization holder and pass necessary orders within a period of four weeks from the date of receipt of copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 18