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2026 DAILYLAW 39123 (KAR)

DEEPAK NAYAK v. THE STATE OF KARNATAKA

WP/27571/2026 · 2026-09-02

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010610832026 NC: 2026:KHC:48489 WP No. 27571 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27571 OF 2026 (GM-PDS) BETWEEN: DEEPAK NAYAK S/O MANJUNATH NAYAK AGED ABOUT 48 YEARS R/AT 1-68(3) SHREE RAKSHA SITHLA HOUSE, KONDEMOOLA VILLAGE, KATEEL MANGALORE, DAKSHINA KANNADA - 574 148 …PETITIONER (BY SRI. SACHIN MADEV HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, REPRESENTED BY ITS COMMISSIONER. MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU - 560 052. 2. THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALORE - 575 001. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010610832026 NC: 2026:KHC:48489 WP No. 27571 of 2026 DAKSHINA KANNADA DISTRICT, MANGALORE - 575 001. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DATED 11.08.2026 BEARING NO. DDR(1)/CR13/2026-27 ISSUED BY THE 3RD RESPONDENT, AS PER ANNEXURE-A 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: i. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned endorsement dated 11.08.2026 bearing No. DDR(1)/CR13/2026-27 issued by the 3rd Respondent, as per Annexure-A; ii. Issue a writ of mandamus directing the 3rd respondent to transfer/issue the authorisation in favour of the petitioner forthwith pursuant to the representation dated 06.08.2026 at Annexure-B, in the light of the orders/judgments dated 06.12.2024 - 3 - HC-KAR CNR: KAHC010610832026 NC: 2026:KHC:48489 WP No. 27571 of 2026 passed in W.P.No.31745/2024 and dated 18.03.2026 passed in W.P.No.8625/2026, produced at Annexures-K1 And K4 respectively iii. Grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity. 3. The petitioner's father was running a Fair Price Shop at Kateel, Dakshina Kannada District, from the year 1993. The said authorization has been renewed from time to time and is in force till 2027. Unfortunately, the father of the petitioner expired on 24.07.2026. Subsequent to which, the petitioner made an application for transfer of the authorization on a compassionate basis. The said application came to be rejected on the ground that the father of the petitioner was more than 65 years old at the time of his death, and as such, the transfer could not be carried out. 4. This Court, in a catena of decisions, has held that it is the age of the transferee which is required to be considered and not the age of the authorisation holder at the time of his death. In that view of the matter, this Court passes the following: ORDER i. Writ petition is allowed. - 4 - HC-KAR CNR: KAHC010610832026 NC: 2026:KHC:48489 WP No. 27571 of 2026 ii. A certiorari is issued, an endorsement dated 11.08.2022 at Annexure-A is quashed. iii. A mandamus is issued directing the respondents to consider the application of the petitioner without reference to the age of the father of the petitioner. The petitioner would have to comply with the applicable formalities including providing of no objection from the other family members as well as indemnity deeds from them. iv. Once such documentation is submitted, the respondents to consider the above and pass necessary orders within thirty (30) days of the date of submission of the documents. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 24