Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33359 WP No. 19229 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19229 OF 2026 (GM-PDS) BETWEEN:
SMT. RAJAMMA, AGED ABOUT 59 YEARS, W/O.LATE D.B. NINGEGOWDA, RESIDENT OF DONDEMADAHALLI VILLAGE, THATTAHALLI POST, DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 445. …PETITIONER (BY SRI. SHIVARAMU H.C, 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, DC OFFICE COMPLEX, AGRAHARA MANDYA DISTRICT, DC OFFICE COMPLEXT, AGRAHARA,MANDYA - 571 401.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33359 WP No. 19229 of 2026
3.
THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE - 560 052 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 15.06.2026 ISSUED BY THE R2 IN HIS
ORDER NO. FOOD/FPD/CR/02/2026-27 PRODUCED AT ANNX-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 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 endorsement dated 15.06.2026 issued by the second respondent in his order No.Food/FPD/CR/02/2026-27 produced at Annexure-B;
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HC-KAR NC: 2026:KHC:33359 WP No. 19229 of 2026
b. Issue a writ of mandamus to the respondent No.2 to transfer authorization in favour of the petitioner and provide login forthwith without seeking any permission from the third respondent in terms of the orders dated 18.04.2023 and 13.12.2024 passed by this Hon'ble Court in W.P.No.7010/2023 and W.P.No.33154/2024 produced at Annexures-C and C1; c. issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case.
3. The petitioner's husband has been granted an authorization on 11.11.1992 for distribution of essential commodities to the card holders of Thattahalli, Dondemadahalli, Domjakkanahalli coming within the jurisdiction of Nagamangala Taluk, Mandya District which is in force till 30.01.2028.
4. Unfortunately, the petitioner's husband expired on 12.04.2026, and she made an application for the transfer of the authorisation on a compassionate basis that the husband of the petitioner was more than 65 years old as on the date on which the application of the petitioner was filed, and as such, it could not be so transferred.
5. This Court, in a catena of decisions has held that it is the age of the applicant which is required to be considered for transfer of authorisation on a compassionate basis and not the age of the authorisation holder. The petitioner was less than 65 years as on the date when
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HC-KAR NC: 2026:KHC:33359 WP No. 19229 of 2026
she made an application, and she is not bad in terms of the applicable rules. As such, this Court passes the following:
ORDER i) Writ Petition is allowed. ii) A certiorari issued. The endorsement dated 15.06.26 at Annexure-B is quashed. iii) A Mandamus is issued directing respondent No.2 to consider the application of the petitioner and pass necessary orders within a period of four weeks from the date of receipt of a copy of this order without taking consideration of the age of the petitioner.
SD/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 13