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2026 DAILYLAW 51590 (KAR)

V S CHAITANYA v. THE STATE OF KARNATAKA

WP/37498/2025 · 2026-02-04

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6637 WP No. 37498/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.37498/2025 (GM-PDS) BETWEEN: V S CHAITANYA S/O LATE V B SRIKANTAPPA AGED 42 YEARS RESIDING AT VALAGERE VILLAGE, KASABA HOBLI, NANJANGUD TALUK, MYSORE DISTRICT - 571 301 …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 JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, MYSORE DISTRICT, MYSORE-570001 3. COMMISSIONER OF FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6637 WP No. 37498/2025 BENGALURU - 560 052. …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1. TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ENDORSEMENT DATED 24.11.2025 ISSUED BY RESPONDENT NO.2 IN NO.FPS/NANJANGUD/01/2025-26 AT 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 13.12.2024 AND 15.10.2025 PASSED IN WP NO.33154/2024 AND WP NO.28236/2025 RESPECTIVELY PRODUCED AT ANNEXURE-C AND ANNEXURE-C1; 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. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:6637 WP No. 37498/2025 ORAL ORDER The petitioner is aggrieved by the second respondent's Endorsement dated 24.11.2025. 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. V. B. Srikantappa on 21.04.2025. The petitioner's father was issued with authorization to run a Fair Price Depot at Valagere Village, Kasaba Hobli, Nanjangud Taluk, Mysuru District. The second respondent has rejected the petitioner's application citing the age of the petitioner's father. Mr. H. C. Shivaramu, the learned counsel for the petitioner, submits that the second 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 - 4 - HC-KAR NC: 2026:KHC:6637 WP No. 37498/2025 be transferred irrespective of the age and educational qualification of the authorization holder. Mr. B. Ravindranath, 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 24.11.2025 is quashed directing the second respondent to 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] - 5 - HC-KAR NC: 2026:KHC:6637 WP No. 37498/2025 months from the date of receipt of a certified copy of this order. SD/- (B M SHYAM PRASAD) JUDGE RB