Karnataka High Court
WP/27219/2026 of GIRISH NAIK E Vs THE STATE OF KARNATAKA on 21 September 2026
CNR: KAHC010599112026 NC: 2026:KHC:51972 WP No. 27219 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 27219 OF 2026 (GM-PDS) BETWEEN: 1. GIRISH NAIK E S/O LATE ERAPPA T AGED ABOUT 46
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 27219 OF 2026 (GM-PDS)
BETWEEN:
1.
GIRISH NAIK E
S/O LATE ERAPPA T
AGED ABOUT 46 YEARS
R/O NEAR SHRI HULIGEMMA TEMPLE
ALURHATI, SRI RAM NAGAR,
MALLEKATTE, MALALAKERE POST
DAVANAGERE DIST-577512
…PETITIONER
(BY SRI. SIDDAPPA B M.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF FOOD AND
CIVIL SUPPLY AND CONSUMER AFFAIRS.
M.S. BUILDING,
BANGALORE - 560 001,
REPRESENTED BY ITS SECETARY.
2.
THE COMMISSIONER
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES CUNNINGHAM ROAD,
BANGALORE-560 052.
3.
THE JOINT DIRECTOR,
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT,
DAVANAGERE DISTIRCT,
DAVANAGERE -577 512
…RESPONDENTS
(BY SRI. DEVARAJ C H., GOVERNMENT ADVOCATE)
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI
OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF
WRIT,
QUASHING
THE
ENDORSEMENT
NO.
DVJFCS-
ADMNOFPDA/16/2026-ADMN (42129) DATED 14/08/2026 ISSUED BY
THE RESPONDENT NO.3 PRODUCED AS ANNEXURE-C TO THE WRIT
PETITION.
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: "a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the endorsement No. DVJFCS-ADMNOFPDA/16/2026-ADMN (42129) Dated 10/08/2026 issued by the respondent No.3 produced as ANNEXURE-C to the writ petition.
b) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity."
2. The learned counsel for the petitioner submits that in a similar fact situation, a Co-ordinate Bench of this Court in the case of G.H. Lokeshwara S/o G.H. Vichappa Vs. State of Karnataka and Other1 (Annexure F to the writ petition) has 1 WP No.23134/2026 - order dated 03.08.2026
HC-KAR
granted the relief. The operative portion of the said order is as under:-
""ORDER
i. Writ petition is allowed.
ii. A certiorari is issued, the endorsement dated 10.07.2026 issued by Respondent No.3 at Annexure-C is quashed.
iii. Respondents are directed to consider the application for transfer made by the Petitioner dehors the age of the deceased father by complying with the applicable formalities within 30 days from the date of receipt of copy of this order."
3. In the present petition, the petitioner's father was granted an authorisation to run a Fair Price Depot on 31.07.2017 (Annexure-A to the writ petition), which as renewed from time to time. The father of the petitioner died on 03.05.2026. The petitioner made an application to respondent No.3 for transfer of the authorisation standing in the name of the father. The same has been rejected vide the impugned endorsement dated 14.08.2026 (Annexure-C to the writ petition) on the ground that the age of the petitioner's father was more than 65 years at the time of death.
HC-KAR
4. In view of the aforementioned fact situation since a similar relief has been granted in the case of G.H. Lokeshwara1, the present petition merits consideration.
5. Hence, the following:
ORDER
i.The writ petition is partly allowed.
ii. The endorsement bearing No. DVJFCS- ADMNOFPDA/16/2026-ADMN (42129) dated 14/08/2026 (Annexure C to the writ petition) is hereby quashed. iii.The concerned respondent/s shall consider the application for transfer made by the petitioner without considering the age of the father of the petitioner.
iv. The said consideration shall be made within a period of 30 days from the date of receipt of copy of this order. v. In the event any further information/documents/ particulars are required by the steps, the petitioner shall be notified to furnish and produce the same.
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vi. The petitioner shall be intimated the consideration of the application filed by him.
6. Pending I.As., if any, stand disposed of.
(C.M. POONACHA) JUDGE
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