Smt. Jayamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Smt. Jayamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition allowed; Endorsement dated 29.08.2025 (Annexure-B) quashed; second respondent directed to consider the petitioner's application for transfer of authorization within six [6] weeks of receipt of certified copy; liberty reserved to the petitioner to file the certified copy with the second respondent within a week.

Issue for consideration

Whether the Endorsement dated 29.08.2025 (Annexure-B) refusing transfer of the fair price depot authorization to the petitioner on the ground that her late husband was over 69 years of age as of the date of his death is valid. +1 more

Court's answer

This Court's consistent view is that a request for authorization to run a fair price depot cannot be rejected based on the age of the authorized holder; accordingly, counsel for both sides were heard and the petition disposed of on that basis.

Ratio / Principle

The petition is allowed.

Key takeaways

The second respondent's Endorsement dated 29.08.2025 (Annexure-B), which refused the transfer of authorization on the ground of the deceased holder's age, is quashed.ratio¶40
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 a certified copy of the order.ratio¶41
The petitioner is at liberty to file a certified copy of this order with the second respondent within a week from the date of receipt thereof.ratio

Detailed headnote1 paragraphs

Public Distribution System - Fair price depot - Transfer of authorization on demise of authorized holder - Petitioner's husband held the authorization for the fair price depot at Benakanakere Village, Turuvekere Taluk, and died on 29.03.2025; the Joint Director of Food and Civil Supplies, Tumkur (Respondent 2) issued Endorsement dated 29.08.2025 (Order No. FSD/FPD/CR-54/1994-95, Annexure-B) refusing transfer on the sole ground that the deceased was over 69 years of age as of his death. Acting consistently with its settled view that a request for authorization to run a fair price depot cannot be rejected based on the age of the authorized holder, the Court heard counsel for both sides and allowed the writ petition under Article 226: the Endorsement dated 29.08.2025 was quashed; Respondent 2 was directed to consider the petitioner's transfer application within six weeks of receipt of a certified copy; liberty was reserved to the petitioner to file the certified copy within a week. Single Judge: Hon'ble Mr. Justice B M Shyam Prasad. Decision dated 02.02.2026.

NC: 2026:KHC:5653 WP No. 29043/2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND 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:

Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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.

THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, TUMKUR DISTRICT, TUMKUR - 572 101

THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES,

5^TH FLOOR, MARKETING FEDERATION

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NC: 2026:KHC:5653 WP No. 29043/2025

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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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NC: 2026:KHC:5653 WP No. 29043/2025

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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

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/-