Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:22455 WP No. 12810 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12810 OF 2026 (GM-PDS) BETWEEN:
H.C. ARAVIND SHEKAR S/O H.S. CHANDRASHEKAR AGED ABOUT 50 YEARS R/AT NO.'SANTHOSH NILAYA' SANTHOSH STORES NEAR HEMAVATHI HOSPITAL BEHIND ARALEPETE HASSAN - 573 201. …PETITIONER (BY SRI SANGAMESHA B, ADV.) AND:
1.
THE JOINT DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT HASSAN - 573 201.
2.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINISTRY OF FOOD AND CIVIL SUPPLIES M.S.BUILDING DR. B.R.AMBDEKAR ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI K.P. YOGANNA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(A) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT DATED.06/12/2024 ISSUED BY THE 1 RESPONDENT
VIDE ANNEXURE-A.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:22455 WP No. 12810 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
1. The petitioner is assailing in the captioned petition, endorsement dated 06.12.2024 issued by respondent No.1 as per Annexure - A, wherein petitioner's application seeking transfer of fair price shop license on the ground that he is a Class I heir of original license holder, is rejected on the premise that the license holder, who is the father of the petitioner, was aged more than 65 years at the time of death.
2. Heard the learned counsel for the petitioner and the learned AGA for the respondents.
3. The short question that falls for consideration before this Court is as to whether the authorities are justified in rejecting the request for transfer of a fair price shop license on compassionate grounds solely on the premise that the deceased license holder had crossed the age of 65 years. This issue, in the considered opinion of this Court, is no longer res integra. A Co-ordinate Bench of this Court, in a catena of
- 3 -
HC-KAR NC: 2026:KHC:22455 WP No. 12810 of 2026
decisions, has consistently held that the age of the original license holder cannot be construed as a disqualifying factor while considering transfer of a fair price shop license in favour of a Class-I legal heir on compassionate grounds. The underlying object of such transfer being to provide sustenance to the bereaved family, any interpretation which defeats the very purpose of the scheme would be legally untenable.
4. This Court cannot lose sight of the fact that despite authoritative pronouncements rendered in W.P. No.51361/2019, W.P. No.13559/2020, W.P. No.9249/2023 and W.P. No.22577/2024, the authorities continue to issue endorsements on identical grounds, thereby exhibiting a clear disregard to the binding precedents of this Court. Such actions not only result in unnecessary litigation but also amounts to administrative arbitrariness. The impugned endorsement, therefore, being contrary to the settled position of law and the principles laid down in the aforesaid judgments, is liable to be interfered with by this Court.
- 4 -
HC-KAR NC: 2026:KHC:22455 WP No. 12810 of 2026
5. For the foregoing reasons, this Court proceeds to pass the following:
ORDER
(i) The writ petition is hereby allowed.
(ii) The impugned endorsement dated 06.12.2024 issued by respondent No.1, as per Annexure-A, stands quashed.
(iii) Respondent No.1 is directed to reconsider the application submitted by the petitioner seeking transfer of the fair price shop license on compassionate grounds and pass appropriate orders strictly in consonance with the law laid down by this Court in W.P. No.51361/2019, W.P. No.13559/2020, W.P. No.9249/2023 and W.P. No.22577/2024.
(iv) The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a certified copy of this order.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
DN List No.: 1 Sl No.: 12