Rathnamma v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:44832( WP(No.(24132(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010531992026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(19 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(SURAJ(GOVINDARAJ(

WRIT(PETITION(NO.(24132(OF(2026((GM-PDS)(

BETWEEN:(( ( RATHNAMMA, W/O,LATE,MAHADEVEGOWDA,H,C, AGED,ABOUT,50,YEARS,, NO.87,MALAVALLI,TALUK, KASABA,HOBLI,, HULLAHALLI,AGASANAPURA,, MANDYA,DISTRICT,

MANDYA-571430., ,

PETITIONER, (BY,SRI.,B,S,JEEVAN,KUMAR.,ADVOCATE), AND:( (

1., THE,STATE,OF,KARNATAKA, BY,ITS,SECRETARY,, DEPARTMENT,OF,FOOD,AND,CIVIL,SUPPLIES,Digitallytisigned by0SHWETHA DEPARTMENT,OF,CONSUMER,AFFAIRS,AND,LEGAL, RAGHAVENDRA METROLOGY,,M,S,BUILDING,

Location:0HIGH DR,AMBEDKAR,VEEDHI, COURT0OF KARNATAKA BENGALURU-560001., ,

2., THE,DEPUTY,DIRECTOR, FOOD,AND,CIVIL,SUPPLIES,AND,CONSUMER, AFFAIRS,,MANDYA,DISTRICT, MANDYA-571401., , RESPONDENTS, (BY,SRI.,DEVARAJ.,C.H.,AGA), , THIS, WP, IS, FILED, UNDER, PRAYING, TOA), PASS, AN, APPROPRIATE, WRIT,, ORDER, OR, DIRECTION, IN, THE, NATURE, OF, CERTIORARI, QUASHING, THE, ENDORSEMENT, DATED,

24.07.2026 PASSED BY SECOND RESPONDENT BEARING NO. AHARA/ NYABELEANGADI/CR/01/2026-27 (ANNEXURE-C) TO THE WRIT PETITION AND ETC,.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1Learned AGA is directed to take notice for respondents.

¶2The petitioner is before this Court seeking for the following reliefs:

"Wherefore the petitioner most humbly prays that this Hon'ble Court may kindly be pleased to: a) Pass an appropriate writ, order or direction in the nature of Certiorari quashing the endorsement dated 24.07.2026 passed by Second respondent bearing No.Ahara/Nyabeleangadi/CR/01/2026-27 (Annexure-C) to the writ petition. b) Consequently issue writ of mandamus to consider the application dated 30.05.2026 Annexure-B directing the respondents to issue authorization in favour of the petitioner on compassionate grounds.

c) Grant such other relief/s as deemed fit in the circumstances of the case in the interest of justice and equity."

¶3The husband of the petitioner was granted an authorization to run a fair price depot at Hullahalli Village in the year 1993-94, which has been renewed from time to time and is now in force till the year 2028. Unfortunately, the husband of the petitioner expired on 19.04.2026. Hence, the petitioner made an application for transfer of authorization on

30.05.2026 on compassionate basis. The said application came to be rejected by respondents on the ground that the husband of the petitioner at the time of his expiry was more than 65 years and that she did not have a qualification of 10th Standard. Challenging the same, the petitioner is before this Court seeking for the aforesaid reliefs.

¶4This Court in catena of decisions has held that it is the age of the transferee which is required to be

considered for the purpose of transfer on compassionate basis and also held that the education qualifications are not applicable to a transferee on a compassionate basis. This aspect has been given a go by the respondents while considering the application made by the petitioner. Hence, this Court passes the following: ORDER

i) The petition is allowed.

ii) A certiorari is issued, the endorsement dated

24.07.2026 issued by respondent No.2 at Annexure-C, is quashed.

iii) A mandamus is issued directing the respondents to consider the representation / application of the petitioner dated 30.05.2026 at Annexure-B as per the observations made here and above, without insisting on the 10th standard pass certificate and transfer the

authorization within 30 days from the date on which the petitioner has complied with all other administrative requirements including furnishing of no objection from the other family members as well as submitting indemnity and undertakings as required.

Sd/- (SURAJ GOVINDARAJ) JUDGE

PNV List No.: 1 Sl No.: 3