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2026 DAILYLAW 22679 (KAR)

K R PRAVEENKUMAR v. THE STATE OF KARNATAKA

WP/17900/2026 · 2026-06-17

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29596 WP No. 17900 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17900 OF 2026 (GM-PDS) BETWEEN: K R PRAVEENKUMAR S/O LATE K.S.RAJAGOPAL SHETTY, AGED 30 YEARS, R/O KANNAMEDI VILLAGE, PAVAGADA TALUK, TUMAKURU DIST-572116. …PETITIONER (BY SRI. M.B.CHANDRA CHOODA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD, CIVIL SUPPLIES, CONSUMER LEGAL METROLOGY DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU-572101. 3. THE JOINT DIRECTOR AND AUTHORIZED OFFICER, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, TUMAKURU DISTRICT, TUMAKURU-572101. 4. TAHASILDAR, PAVAGADA TALUK, PAVAGADA, TUMAKURU DISTRICT-572116. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29596 WP No. 17900 of 2026 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 25/03/2026 BEARING PASSED NO. FSB/FPD/CR/31/1994-95 BY THE JOINT DIRECTOR, (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) TUMAKURU DISTRICT, TUMAKURU, VIDE ANNEXURE-D, BY ISSUE OF WRIT OF CERTIORARI AND ETC. THIS WRIT 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 accepts notice for Respondents No.1 to 4. 2. The Petitioner is before this Court seeking for the following reliefs: i) quash the endorsement dated 25/03/2026 bearing No. FSB/FPD/CR/31/1994-95 passed by the Joint Director, (Food, Civil Supplies and Consumer Affairs) Tumakuru District, Tumakuru, vide Annexure-D, by issue of writ of certiorari. ii) issue writ of mandamus directing the respondent No. 3 to issue authorization /license in favour of petitioner on compassionate grounds for distribution of essential commodities to the card holders. iii) issue any appropriate writ, order or direction as deemed fit in the circumstances of the case in the interest of justice. - 3 - HC-KAR NC: 2026:KHC:29596 WP No. 17900 of 2026 3. The petitioner claims that the petitioner’s father had been granted authorization bearing No.10/2020- 2021 for running a fair price shop at Kannamedi Village, Pavagada Taluk, Tumakuru District. Unfortunately, the said father expired on 04.12.2025 leaving behind the petitioner as his only legal heir. The petitioner made an application for transfer of the authorization on compassionate basis which came to be rejected by a respondents on the ground that the father of the petitioner was aged more than 60 years and as such, the transfer could not be made. 4. The second reason for rejection of the application is on the ground that the family of the petitioner owns 3.11 acres of land which is used for agricultural purposes and as such they have a source of alternate income and as such the transfer cannot be made on compassionate basis. The second reason which has been provided by respondents for rejection of the authorization of the petitioner is not provided for in the rules pertaining to transfer inasmuch as there is no restriction for transfer on compassionate basis on the ground that the transferee has sufficient alternate income or otherwise. Hence this ground is not sustainable. - 4 - HC-KAR NC: 2026:KHC:29596 WP No. 17900 of 2026 5. This Court in a catena of decisions has held that the age of the Authorisation Holder is not relevant for the consideration of transfer. It is the age of the transferee which is relevant. In the present case the age of the transferee / applicant is 30 years as on today. In that view of the matter, the embargo under the Rules adversely affect the petitioner’s claim. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) The endorsement dated 25.03.2026 bearing No.FSB/FPD/CR/31/1994-95 passed by respondent No.3 at Annexure-D is quashed. iii) A mandamus is issued directing the respondents to consider the representation of the petitioner and pass necessary orders in terms of the above observations made. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 11