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2026 DAILYLAW 45859 (KAR)

K H PRASHANTH v. THE STATE OF KARNATAKA

WP/1018/2026 · 2026-01-23

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4041 WP No. 1018 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1018 OF 2026 (GM-PDS) BETWEEN: K H PRASHANTH S/O LATE K.S.HANUMEGOWDA, AGED 40 YEARS, R/O KADAGA VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DIST-573201. …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 LEGAL METROLOGY DEPARTMENT, M.S.BUILDING, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4041 WP No. 1018 of 2026 DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE JOINT DIRECTOR AND AUTHORIZED OFFICER, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, HASSAN DISTRICT, HASSAN-573201. …RESPONDENTS (BY SRI.ADITHYA DIWAKAR., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE ENDORSEMENT DATED 29/12/2025 JDFCSH- ADMNOFPHS/18/2025/ADMN PASSED BY THE JOINT DIRECTOR, (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) HASSAN DISTRICT, HASSAN, VIDE ANNEXURE-D, BY ISSUE OF WRIT OF CERTIORARI; II) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO ISSUE AUTHORIZATION / LICENSE IN FAVOUR OF PETITIONER ON COMPASSIONATE GROUNDS FOR DISTRIBUTION OF ESSENTIAL COMMODITIES TO THE CARD HOLDERS. - 3 - HC-KAR NC: 2026:KHC:4041 WP No. 1018 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 second respondent's Endorsement dated 29.12.2025 [Annexure-D]. The second respondent has rejected the petitioner's application for transfer of authorization to run a Fair Price Depot and the petitioner's request for transfer is on the demise of his father Mr. K.S.Hanumegowda on 01.10.2025. The petitioner's father was issued with authorization to run a Fair Price Depot at Kadaga Village, Salagame Hobli, Hassan District. The second respondent has rejected the petitioner's application citing the age of the petitioner's father. Mr.M.B.Chandra Chooda, the learned counsel for the petitioner, submits that the second - 4 - HC-KAR NC: 2026:KHC:4041 WP No. 1018 of 2026 respondent could not have rejected the request for transfer of authorization because of his father's age as of the date of his demise emphasizing that this Court's consistent view has been that the authorization must be transferred irrespective of the age and educational qualification of the authorization holder. Mr. Adithya Diwakara, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard in the light of the afore. This Court finds considerable force in the submissions because irrefutably this Court's consistent view has been that the transfer of authorization cannot be rejected on these grounds. Therefore, the following: ORDER [a] The petition is allowed. [b] The impugned Endorsement dated 29.12.2025 [Annexure-D] is quashed directing the second respondent to - 5 - HC-KAR NC: 2026:KHC:4041 WP No. 1018 of 2026 transfer the authorization in favour of the petitioner. [c] If the petitioner satisfies all other requirements, this transfer shall be completed within a period of two [2] months from the date of receipt of a certified copy of this order. SD/- (B M SHYAM PRASAD) JUDGE SA