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2026 DAILYLAW 45560 (KAR)

GEETHA K S v. THE STATE OF KARNATAKA

WP/469/2026 · 2026-01-20

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3081 WP No. 469 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 469 OF 2026 (GM-PDS) BETWEEN: GEETHA K S AGED ABOUT 42 YEARS, W/O LATE. S. NANJUNDEGOWDA, BURUDUGUNTE VILLAGE, MANNAHALLI POST, NAGAMANGALA TALUK, MANDYA DISTRICT 571432. …PETITIONER (BY SRI. KESHAVA CHANDRA S.P., ADVOCATE FOR 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. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3081 WP No. 469 of 2026 2. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, MANDYA - 571401. 3. COMMISSIONER OF FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU 560 052. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ENDORSEMENT DATED 23.12.2025 ISSUED BY RESPONDENT NO.2 IN NO. FOOD/FPD/CR/59/2025-26 AT ANNEXURE-B; 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 13.12.2024 AND 17.09.2025 PASSED IN WP NO.33154/2024 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. - 3 - HC-KAR NC: 2026:KHC:3081 WP No. 469 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the rejection of his application for transfer of authorization to run a Fair Price Depot in Burudugunte Village, Honakere Hobli, Nagamangala Taluk. The second respondent vide the impugned Endorsement dated 23.12.2025 [Annexure-B] has rejected the petitioner's application stating that the petitioner's husband [the authorization holder] has died on 22.11.2025 but the petitioner cannot be admitted to the benefit of transfer of the authorization because she is not successful in SSLC which is the prescribed minimum qualification. Sri Keshava Chandra S.P., the learned counsel for the petitioner, submits that this Court's consistent view has been that the authorities cannot - 4 - HC-KAR NC: 2026:KHC:3081 WP No. 469 of 2026 refuse transfer of authorization either on the ground of age of the deceased or the educational qualification of the applicant. Sri Ravindranath B., the learned Additional Government Advocate who is called upon to accept notice for the respondents, is heard in the light of this submission. It remains undisputed that indeed this Court's consistent view has been that the application for transfer of authorization cannot be rejected either because of the age of the deceased or lack of educational qualification of the applicant. Further the petitioner seeks transfer of authorization on the demise of her husband. In the circumstances, the following: ORDER [A] The petition is allowed quashing the second respondent's Endorsement dated 23.12.2025 [Annexure-B] directing the second respondent to issue appropriate orders for transfer of authorization in favour of the petitioner within a - 5 - HC-KAR NC: 2026:KHC:3081 WP No. 469 of 2026 period of four [4] weeks without awaiting orders from others. [B] The petitioner is reserved with liberty to file a certified copy of this order within four [4] weeks. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr