Darshan Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Darshan Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Impugned Endorsement dated 10.06.2025 (No. CG/01/2023-24) quashed; second respondent directed to transfer authorization for the subject Fair Price Depot to the petitioner within four weeks of receiving a certified copy of the order along with the petitioner's representation; liberty reserved to the petitioner to file the request within four weeks.

Issue for consideration

Whether the second respondent could refuse transfer of the fair price depot authorization to the petitioner on the ground that he is the adopted son of the deceased authorized dealer.

Court's answer

Consistent with this Court's earlier decisions in W.P. No. 22431 of 2024 (and connected matters) and W.P. No. 3315 of 2024, which the Additional Government Advocate did not controvert, denial of transfer of authorization to an adopted son of a deceased authorized dealer is unsustainable; accordingly the petition had to be allowed and the second respondent's impugned endorsement quashed.

Ratio / Principle

The second respondent is directed, within four weeks of receipt of a certified copy of the order together with the petitioner's representation, to transfer authorization for the subject Fair Price Depot in favour of the petitioner; the petitioner is reserved liberty to file such request with the second respondent within four weeks.

Detailed headnote1 paragraphs

Karnataka High Court (B M Shyam Prasad J) allowed a writ petition under Article 226 filed by Darshan, adopted son of a deceased authorized fair price depot dealer, whose application for transfer of the depot authorization was refused by the Joint Director of Food and Civil Supplies, Bangalore Urban District, solely because he is an adopted son (Endorsement dated 10.06.2025, No. CG/01/2023-24). Relying on this Court's consistent decisions, including W.P. No. 22431 of 2024 (and connected matters) and W.P. No. 3315 of 2024, wherein it was observed that the spouse, sons, adopted sons and married or unmarried daughters of deceased authorized dealers aged 18 years and above are entitled to transfer of authorization on compassionate grounds, the Court quashed the impugned endorsement and directed the second respondent to transfer the authorization for the subject Fair Price Depot to the petitioner within four weeks of receipt of a certified copy of the order along with the petitioner's representation.

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NC: 2025:KHC:36775 WP No. 18563 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

WRIT PETITION NO. 18563 OF 2025 (GM-PDS)

BETWEEN:

DARSHAN AGED ABOUT 21 YEARS, ADOPTED SON OF LATE SMT. LALITHAMMA AND MUNIAPPA, RESIDING AT NO.48, 5^TH CROSS, NEAR KALAMMA TEMPLE, KALASTRI NAGAR,

Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

T.DASASRAHALLI POST, V.T.C., BANGALORE NORTH, BANGALORE560 057.

…PETITIONER

(BY SRI. SHIVARAMU H.C.,ADVOCATE)

AND:

STATE OF KARNATAKA

STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES,

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NC: 2025:KHC:36775 WP No. 18563 of 2025

HC-KAR

VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU 560 001.

THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, BANGALORE URBAN DISTRICT, BANGALORE - 560 001.

THE COMMISSIONER FOR

FOOD AND CIVIL SUPPLIES, 5^TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORTE - 560 052.

…RESPONDENTS

(BY SMT.K.P. YASHODHA., AGA)

THIS WP FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT DATED 10.06.2025 ISSUED BY THE SECOND RESPONDENT IN HIS ORDER NO. CG/01/2023-24 AT ANNEXURE -B; TO THE RESPONDENT NO. 2 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER AT ANNEXURE -A2 IN TERMS OF THE ORDER / DIRECTION ISSUED IN PARA 11 OF THE ORDER PASSED IN WP NO. 22431/2024 DATED 11.09.2024 AT ANNEXURE -C; TO THE SECOND RESPONDENT TO TRANSFER THE AUTHORIZATION IN FAVOUR OF

3 - NC: 2025:KHC:36775 WP No. 18563 of 2025

HC-KAR

THE PETITIONER FORTHWITH WITHOUT SEEKING ANY PERMISSION FROM THE THIRD RESPONDENT PRODUCED AT ANNEXURE -D.

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 asserts that he is adopted by Smt. Lalithamma and Sri Muniyappa and he is aggrieved by the second respondent's decision vide the impugned Endorsement dated 10.06.2025 to refuse transfer of authorization to the petitioner on the ground that he is the adopted son. Sri H.C.Shivaramu, the learned counsel for the petitioner, and Ms. K. P. Yashoda, the learned Additional Government Advocate, are heard for disposal in the light of the petitioner’s case based on consistent decisions of this Court including the

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NC: 2025:KHC:36775 WP No. 18563 of 2025

HC-KAR

decisions in Writ Petition No.22431 of 2024 and connected matters and Writ Petition No. 3315 of 2024.

This Court in the first batch of writ petitions

has observed thus:

"In the light of the foregoing, it is evident that the spouse, sons, adopted sons, and both married and unmarried daughters of deceased authorized dealers, who have attained the age of 18 years, are entitled to the transfer of authorization on compassionate grounds. Denial of such transfers on the grounds of marriage or other arbitrary criteria is discriminatory and unsustainable in law."

[Underlining is by this Court]

Ms. K.P.Yashoda does not controvert that this has been the Court's consistent view and in that event, the petition must be allowed quashing the second respondent's impugned endorsement. Hence, the following:

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NC: 2025:KHC:36775 WP No. 18563 of 2025

HC-KAR

ORDER

[A] The petition stands disposed of directing the second respondent, within four [4] weeks from the date of receipt of a certified copy of this order along with a representation from the petitioner, to transfer authorization for the subject Fair Price Depot in favour of the petitioner.

[B] The petitioner is reserved with liberty to file such request with the second respondent within

four [4] weeks from the date of receipt of a certified copy of this order.

Sd/(B M SHYAM PRASAD) JUDGE

NV