SRI CHANDRAHEKARA GOWDA S V v. THE STATE OF KARNATAKA
WP/26870/2026 · 2026-08-28
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 38589 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38589 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010586612026 NC: 2026:KHC:46587 WP No. 26870 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26870 OF 2026 (GM-PDS) BETWEEN:
SRI. CHANDRAHEKARA GOWDA S.V, AGED ABOUT 37 YEARS S/O LATE S.B. VENKATESHAPPA RESIDENT OF M. SATYAWARA VILLAGE HASIGALA POST, BENGALURU RURAL DISTRICT - 562 114. …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND:
1.
THE 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, DISTRICT ADMINISTRATIVE BHAVAN BEERASANDRA VILLAGE, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010586612026 NC: 2026:KHC:46587 WP No. 26870 of 2026
3.
COMMISSIONER OF FOOD AND CIVIL SUPPLIES, 5TH FLOOR MARKETING FEDERATION BUILDING CUNNINGHAM ROAD, BENGALURU - 560 052. …RESPONDENTS (BY SRI. PANINI A.H, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE ENDORSEMENT DTD 07.08.26 ISSUED BY R2 IN NO. ANNX-B II. TO ISSUE A WRIT OF MANDAMUS TO RESPONDENT NO.2 TO TRANSFER OR ISSUE AUTHORIZATION IN FAVOUR OF THE PETITIONER FORTHWITH IN TERMS OF
ORDER DATED 06.12.2024 AND 17.09.2025 PASSED IN WP NO.3745/2024 AND WP NO.24893/2025 RESPECTIVELY PRODUCED AT ANNEXURE-C AND ANNEXURE-C1 WITHOUT SEEKING ANY PERMISSION/ORDER FROM THE RESPONDENT NO.3 AS THE RESPONDENT NO.2 ALONE IS COMPETENT TO TRANSFER THE AUTHORIZATION AND TO PROVIDE LOGIN CREDENTIALS FORTHWITH FROM THE DATE OF TRANSFER OF AUTHORIZATION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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HC-KAR
CNR: KAHC010586612026 NC: 2026:KHC:46587 WP No. 26870 of 2026
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: i. To issue a Writ of Certiorari or similar writ or order or direction to quash the endorsement dated 07.08.2026 issued by Respondent No.2 in No. dA.¤(D)¨ÉAUÁæf/DRA/CR/53/2025-26at Annexure- B. ii. To issue a Writ of Mandamus to Respondent No.2 to transfer or issue authorisation in favour of the petitioner forthwith in terms of order dated 06.12.2024 and 17.09.2025 passed in WP No.3745/2024 and WP No.24893/2025 respectively produced at Annexure-C and Annexure-C1 without seeking any permission/order from the Respondent No.3 as the Respondent No.2 alone is competent to transfer the authorisation and to provide login credentials forthwith from the date of transfer of authorisation. iii. To issue any other writ or order or direction to the Respondents deemed fit in the
facts and circumstances of the case in the interest of justice and equity.
3. The petitioner's father was issued an authorization to run a Fair Price Depot at Satyawara Village, comprising of Mutsandra and Sannahallipura, in the years 1987-1988, which has been renewed from time to time and is valid until 31.12.2030. Unfortunately, the petitioner's father expired on 20.05.2026, leaving
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HC-KAR
CNR: KAHC010586612026 NC: 2026:KHC:46587 WP No. 26870 of 2026
behind his wife and three children, one of whom is the petitioner herein.
4. The petitioner, with the no objection of his mother and other siblings, had made an application for transfer of the authorization issued in the name of his father on a compassionate basis, which came to be rejected by the respondents on the ground that the father of the petitioner was aged more than 65 years as on the date of his expiry and, as such, the authorization could not be transferred.
5. This Court in a catena of decisions has held that it is the age of the transferee which is required to be considered, not the age of the deceased authorization holder. The petitioner is 37 years old as on the date of the filing of the application, which is within the permissible limit. In that view of the matter, this Court passes as follows:
ORDER i. Writ petition is allowed. ii. A certiorari is issued, the endorsement dated 07.08.2026 issued by respondent no.2 at Annexure-B is quashed.
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HC-KAR
CNR: KAHC010586612026 NC: 2026:KHC:46587 WP No. 26870 of 2026
iii. A mandamus is issued directing respondent no.2 to consider the application of the petitioner in terms of the observation made herein above as per the age of the petitioner and process the same within a period of thirty (30) days from the date of receipt of a copy of this order. iv. Needless to say, the petitioner would have to comply with all applicable procedure, including submission of such no objection and/or indemnity deed from the other members of the family. The period of thirty (30) days will be calculated from the date on which the said documents are submitted.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 18