Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5653 WP No. 29043/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29043 OF 2025 (GM-PDS) BETWEEN:
SMT. JAYAMMA AGED ABOUT 65 YEARS, W/O.LATE M.HIRIYANNA, RESIDENT OF AREHALLI VILLAGE, DABBEGHATTA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT- 572227 …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 JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, TUMKUR DISTRICT, TUMKUR - 572 101
3.
THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5653 WP No. 29043/2025
BUILDING, CUNNINGHAM ROAD, BANGALORE - 560 052.
…RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO1) ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ENDORSEMENT DATED 29.08.2025 ISSUED BY THE SECOND RESPONDENT IN HIS
ORDER NO. FSD/FPD/CR-54/1994-95 AT ANNEXURE - B; 2) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO TRANSFER AUTHORIZATION IN FAVOUR OF THE PETITIONER FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE THIRD RESPONDENT IN TERMS OF THE ORDERS DATED 06.12.2024 PASSED IN W.P.NO.31745/2024 AND THE
ORDER 07.08.2025 DATED PASSED IN W.P.NO.21276/2025 PRODUCED AT ANNEXURES C AND C1; 3) ISSUE WRIT OF MANDAMUS TO THE SECOND RESPONDENT TO ISSUE LOGIN AND ALLOT THE FOOD GRAINS IMMEDIATELY UPON TRANSFER OF AUTHORIZATION ON COMPASSIONATE GROUND.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:5653 WP No. 29043/2025
ORAL ORDER
The petitioner's husband M Hiriyanna is issued with the authorization to run a fair price depot at Benakanakere Village, Turuvekere Taluk. The petitioner's husband has died on 29.03.2025 and on his demise, the petitioner has filed an application for transfer of authorization. The second respondent has issued the impugned Endorsement dated 29.08.2025 [Annexure-B] stating that the petitioner cannot be permitted transfer of the authorization because her husband was over 69 years as of the date of his death.
However, Sri H C Shivaramu, the learned counsel for the petitioner, and Sri Aditya Diwakara, a learned Additional Government Advocate, are heard for disposal of the petition in view of this Court's consistent view that a request for authorization to run a fair price report cannot be rejected based on the age of the authorized holder. As such, the following:
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HC-KAR NC: 2026:KHC:5653 WP No. 29043/2025
ORDER [a] The petition is allowed.
[b] The second respondent's Endorsement dated 29.08.2025 [Annexure-B] is quashed.
[c] The second respondent is directed to consider the petitioner's application for transfer of authorization within six [6] weeks from the date of receipt of certified copy of this order.
[d] The petitioner is reserved with liberty to file a certified copy of this order with the second respondent within a week from the date of receipt thereof.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-