Karnataka High Court
WP/17472/2026 of SMT SUNANDA G M Vs STATE OF KARNATAKA on 24 September 2026
CNR: KAHC010386152026 NC: 2026:KHC:53024 WP No. 17472 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 17472 OF 2026 (GM-PDS) BETWEEN: 1. SMT SUNANDA G M AGED ABOUT 62 YEARS, W/O.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 17472 OF 2026 (GM-PDS)
BETWEEN:
1.
SMT SUNANDA G M
AGED ABOUT 62 YEARS,
W/O. LATE. SHEKAR K.C
R/AT. KATTAVEERANA HALLI POST,
KALLAM BELLA HOBLI, SIRA TALUK,
TUMKUR DISTRICT - 572 137
…PETITIONER
(BY SRI. RITHISH D NAIK.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES, GROUND FLOOR,
VIKAS SOUDHA, BANGALORE - 560 001.
2.
THE JOINT DIRECTOR OF FOOD AND
CIVIL SUPPLIES
NO.205, 2ND FLOOR,
MINI VIDAN SOUDHA,
TUMKUR - 572 101
3.
TAHASILDAR
PAVAGADA TALUK
TUMKUR DISTRICT - 561 202
…RESPONDENTS
(BY SRI. DEVARAJ C H , AGA FOR R1 TO R3)
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THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ENDORSEMENT DATED 26/30/.05.2026 ISSUED BY THE R2 IN
NO. FSD/FPD/CR45/2020-21 AT ANNX-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
1. The present writ petition is filed seeking for the following reliefs:
"i) issue a writ of certiorari or similar writ or order or direction to quash the impugned endorsement dated 26/30/.05.2026 issued by the second respondent in No. FSD/FPD/CR45/2020-21 at ANNEXURE - D;
ii) issue writ of mandamus to the second respondent to consider the application filed by the petitioner dated 04.04.2026 at ANNEXURE C for transfer of authorization on compassionate ground in favour of the petitioner in terms of the order dated W.P.No.5401/2025 dated 17.03.2025 and W.P No. 31745/2024 dated 06.12.2024 are produced at ANNEXURES -E and F for transfer of authorization on compassionate ground forthwith;
iii) issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case in the interest of justice and equity."
2. The petitioner has made an application dated 04.04.2026 (Annexure-C to the writ petition) seeking for transfer of authorisation that was granted to her husband who held an
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authorisation for a Fair Price Depot. The said application was rejected vide endorsement dated 26/30.05.2026 (Annexure-D to the writ petition). Being aggrieved, the present writ petition is filed.
3. Learned counsel for the petitioner submits that the endorsement has been issued on the ground that the deceased was aged 78 years.
4. Learned counsel for the petitioner submits that in a similar fact situation in the case of M.S.Nagesha V/s State of Karnataka and others1 as well as various other judgments, this Court has granted reliefs. The operative portion of the order passed by a Co-ordinate Bench of this Court in the case of M.S.Nagesh1 is as under:
"(i) Writ Petition is allowed.
(ii) The impugned endorsement dated 16.01.2025
issued by respondent No.2, is hereby quashed.
(iii) Respondent No.2 is hereby directed to issue authorization to the petitioner in the light of the observations made in W.P.No.22431/2024 and connected matters dated 11.09.2024.
1 in W.P. No.5401/2025 disposed of on 17.03.2025
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(iv) Respondent No.2 to issue authorization in favour of the petitioner without seeking any permission from respondent No.2.
(v) The said exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order."
5. In view of the aforementioned, similar orders are to be passed in the present writ petition also.
6. Hence, the following:
ORDER
i) Writ petition is partly allowed.
ii) The impugned endorsement bearing No.FSD/FPD/CR45/2020-21 dated 26/30.05.2026 (Annexure-D to the writ petition) issued to respondent No.2 is hereby quashed.
iii) Respondent No.2 shall consider the application dated 04.04.2026 (Annexure-C to the writ petition) for transfer of authorisation without regard to the age of the deceased, subject to the petitioner complying with all other stipulations in accordance with law. The said exercise to be
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completed within a period of eight weeks from the date of receipt of copy of this order.
(C.M. POONACHA) JUDGE
BS List No.: 2 Sl No.: 114