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2026 DAILYLAW 26281 (KAR)

N. RAJESH, v. THE STATE OF KARNATAKA

WP/20206/2026 · 2026-07-06

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33854 WP No. 20206 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20206 OF 2026 (GM-PDS) BETWEEN: N. RAJESH, S/O LATE A. NARAYANASWAMY, AGED 33 YEARS, R/O D.PALYA, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DIST - 561 206. …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 AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 561 206. 3. THE JOINT DIRECTOR AND AUTHORIZED OFFICER, FOOD AND CIVIL SUPPLIES AND CONSUMER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33854 WP No. 20206 of 2026 AFFAIRS, CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 561 206. 4. TAHSILDAR, GOWRIBIDANUR TALUK, GOWRIBIDANUR CHIKKABALLAPUR DISTRICT - 561 206. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R.1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 20/06/2026 BEARING NO. CSD/DRA/NYA.BE.ANGADI/CR/84/2016-17 ISSUED BY THE JOINT DIRECTOR, (FOOD, SUPPLIES AND CONSUMER AFFAIRS) CHIKKABALLAPURA, DISTRICT, CHIKKABALLAPURA, VIDE ANNEXURE-D, BY ISSUE OF WRIT OF CERTIORARI 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 accepts notice for respondents No.1 to 4. 2. Petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2026:KHC:33854 WP No. 20206 of 2026 "i) Quash the Endorsement dated 20.06.2026 bearing No.CSD/DRA/Nya.Be.Angadi/CR/84/2016-17 issued by the Joint Director, (Food, Civil Supplies and Consumer Affairs) Chikkaballapura, District, Chikkaballapura, vide Annexure-D, by issue of writ of certiorari; ii) Issue Writ of Mandamus, directing 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. The father of the petitioner had been granted Authorization by the Deputy Commissioner, Chikkaballapura District, to distribute essential commodities in the year 2020, which was renewed and is valid till 11.10.2027. Unfortunately, the father of the petitioner expired on 21.04.2026 and the petitioner's son made an application for transfer on compassionate basis on 08.06.2026. The said application came to be rejected by the respondents on the ground that the age of the authorized license holder was more than 65 years as on the date on which the application was made. - 4 - HC-KAR NC: 2026:KHC:33854 WP No. 20206 of 2026 4. This Court, in a Catena of decision, has held that it is not the age of the license holder which is to be taken into consideration, but it is the age of the person in whose name the transfer is sought to be made on compassionate basis. The petitioner as on today is 33 years of age and as such, it does not suffer from that infirmity. 5. In that view of the matter, this Court passes the following order: ORDER i) Writ petition is allowed. ii) A Certiorari is issued. The Endorsement dated 20.06.2026 bearing No.CSD/DRA/ Nya.Be.Angadi/CR/84/2016-17 issued by the respondent No.3-Joint Director, (Food, Civil Supplies and Consumer Affairs) Chikkaballapura, District, Chikkaballapura, vide Annexure-D, is quashed. - 5 - HC-KAR NC: 2026:KHC:33854 WP No. 20206 of 2026 iii) A Mandamus is issued, directing respondent No.3 to transfer the authorization in favour of the petitioner on compassionate basis, within a period of four weeks from the date of receipt of a copy of this order, subject to the petitioner complying with all formalities and providing indemnity and or affidavits of all other family members. SD/- (SURAJ GOVINDARAJ) JUDGE MKM List No.: 1 Sl No.: 13