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2026 DAILYLAW 24596 (KAR)

MR VIDHYADHARA C P v. THE STATE OF KARNATAKA

WP/18323/2026 · 2026-06-22

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30972 WP No. 18323 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18323 OF 2026 (GM-PDS) BETWEEN: MR. VIDHYADHARA C.P. S/O LATE PADMANABHA, AGED ABOUT 35 YEARS, RESIDING AT NO.1375, VT STREET, KOTE, CHANNAPATANA, BENGALURU SOUTH DISTRICT - 562 160. …PETITIONER (BY SRI. SHANKAR H.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT, BENGALURU SOUTH DISTRICT - 562 159. 3. THE TASILDAR CHANNAPATNA TALUK, CHANNAPATNA - 562 160. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30972 WP No. 18323 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. DATED 25.05.2026 (ANNEXURE-D) ISSUED BY THE SECOND RESPONDENT 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 respondent Nos.1 to 3. 2. Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned endorsement bearing No. ¨ÉAzÀ/G¤/DºÁgÀ/C£ÀÄPÀA¥À/6/2025-26 dated 25.05.2026 (ANNEXURE-D) issued by the second respondent. b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to transfer the license/authorization of the fair price shop in favour of the Petitioner on compassionate grounds, in respect of license bearing No.//83/94-95, by considering the representation of the Petitioner dated 24.03.2026 (Annexure-C). c. Grant such other orders as this Hon'ble deems fit to pass under the facts and circumstances of the case, in the interest of Justice and equity. - 3 - HC-KAR NC: 2026:KHC:30972 WP No. 18323 of 2026 3. The petitioner's father was granted an authorisation in the year 1993-1994 for distribution of essential commodities to the card holders of Satnuru Road, Kote, Channapatna, which is in force and valid until 31.12.2030. 4. Unfortunately, the father of the petitioner expired on 14.02.2026 leaving behind the petitioner, his mother, and two sisters. Thereafter, the petitioner made an application for transfer of the authorisation on a compassionate basis on 24.03.2026. The said application came to be rejected on the ground that the father of the petitioner at the time of his expiry was 72 years of age. It is challenging the same, the petitioner is before this Court. 5. In a catena of decisions, this Court has held that it is not the age of the authorisation holder which is required for the determination of transfer, but it is the age of the transferee, one of them being in W.P.No.16670/2026. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued. The impugned endorsement dated 25.05.2026 at Annexure-D is quashed. iii) A mandamus is issued. Respondents are directed to consider the application filed by the petitioner for - 4 - HC-KAR NC: 2026:KHC:30972 WP No. 18323 of 2026 transfer of the licence/authorisation without reference to the age of the father of the petitioner, but taking into account the age of the petitioner. iv) Needless to say, the petitioner would also have to submit the no objections by his mother and two sisters to the authorities and comply with any other formalities that are required to be complied with for consideration of said application. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 19