- 1 - HC-KAR NC: 2026:KHC:27032 WP No. 16670 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16670 OF 2026 (GM-PDS) BETWEEN: GOVINDARAJU T.G AGED ABOUT 57 YEARS, S/O. LATE GANGABAILAIAH @GANGABAILAPPA, RESIDENT OF THOTANAHALLI VILLAGE, THYAMAGONDALU HOBLI, BILLANAKOTE POST, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 132. …PETITIONER (BY SRI. H.C. SHIVARAMU, 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 DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, BANGALORE RURAL DISTRICT, BANGALORE - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27032 WP No. 16670 of 2026 3. THE THASILDAR, NELAMANGALA TALUK, NELAMANGALA - 562 123. …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) ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 06.05.2026 PASSED BY THE SECOND RESPONDENT IN HIS ORDER NO. 2025-26 /D.R.A./C.R./53/2025-26 PRODUCED 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 Additional Government Advocate accepts notice for the respondents. 2. Petitioner is before this Court seeking for the following reliefs: a. issue a writ of certiorari or similar writ or order or direction to quash the impugned order dated 06.05.2026 passed by the second respondent in his Order No. ಜಂ. (ಆ) ೆಂಾ -2025-26 produced at Annexure - B; /D.R.A./C.R./53/ b. issue writ of mandamus to the respondent No.2 to transfer authorization in favour of the petitioner forthwith on compassionate ground without seeking any permission from the Commissioner for Food and Civil Supplies in terms of the order dated 06.12.2024 passed in W.P.No.31745/2024 produced at Annexure C and the order dated 17.03.2025 passed in W.P.No.5401/2025 by - 3 - HC-KAR NC: 2026:KHC:27032 WP No. 16670 of 2026 this Hon'ble Court produced at Annexure C1 by issuing login and allotment of food grains; and c. issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case in the interest of justice and equity. 3. The petitioner's father was granted an authorization in the year 1986-1987. The petitioner's father having expired on 13.12.2025, the petitioner had made an application for transfer of the authorization on a compassionate basis. The said application came to be rejected on the ground that the father of the petitioner was more than 65 years old as on the date of his expiry and as such, the authorization could not be transferred on a compassionate basis. 4. This Court, in several matters, more particularly in W.P.No.13559/2020, 31754/2024, 5401/2024 and other matters, has categorically held that the age of the deceased authorisation holder is not relevant for the purpose of transfer of the authorisation. It is only the age of the transferee which is required to be taken into consideration. - 4 - HC-KAR NC: 2026:KHC:27032 WP No. 16670 of 2026 5. In that view of the matter, the ground of rejection vide the impugned order dated 06.05.2026 at Annexure-B is not sustainable, and it is required to be quashed. 6. Before parting with the matter, this Court would like to observe that in the present matter, the authorization was issued in the year 1986-1987, which continued to be in force till 2025, that is, for a period of nearly 40 years and thereafter, an application has been made for a compassionate transfer, which would also continue making it virtually a hereditary office in perpetuity. 7. It is but required for the concerned authorities to look into this matter and formulate necessary policies for the distribution of State largesse such that the same is not concentrated in a select few but is made available to the general populace. It being unnecessary to state that the grant of an authorisation or transfer of an authorisation to run a fair-price shop would earn income for a citizen, which again needs to be distributed amongst the general populace. - 5 - HC-KAR NC: 2026:KHC:27032 WP No. 16670 of 2026 8. In view of the above, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued. The impugned order dated 06.05.2026 at Annexure-B is quashed. iii) A mandamus is issued directing respondent No.2 to consider the application without reference to the age of the deceased authorisation holder and pass necessary orders within a period of four weeks from the date of receipt of a copy of this order in terms of the above. iv) The report of the Principal Secretary, Cooperative Department to be filed within four weeks from the date of receipt of the copy of this order. v) Though the above matter is disposed of, re-list on 06.07.2026. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 32