STATE OF KARNATAKA, vs DARSHAN
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61303-DB
WA No. 1941 of 2026
CNR: KAHC010567752026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO.1941 OF 2026 (GM-PDS)
BETWEEN:
1. STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE JOINT DIRECTOR OF
FOOD AND CIVIL SUPPLIES,
BENGALURU URBAN DISTRICT
BENGALURU - 560 001.
3. THE COMMISSIONER FOR
FOOD AND CIVIL SUPPLIES,
TH
5 FLOOR, MARKETING FEDERATION
BUILDING, CUNNINGHAM ROAD,
BANGALORE - 560 052.
…APPELLANTS
(BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE)
AND:
DARSHAN
AGED ABOUT 21 YEARS,
CLAIMING TO BE ADOPTED SON OF
LATE SMT. LALITHAMMA AND MUNIAPPA,
Digitally signed
by C K LATHA
Location: High
Court of
Karnataka
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HC-KAR
NC: 2026:KHC:61303-DB
WA No. 1941 of 2026
CNR: KAHC010567752026
TH
RESIDING AT NO.48, 5 CROSS,
NEAR KALAMMA TEMPLE,
KALASTRI NAGAR,
T. DASASRAHALLI POST,
V.T.C., BANGALORE NORTH,
BANGALORE-560 057.
…RESPONDENT
(BY SRI. KESHAVA CHANDRA S.P., ADVOCATE FOR
SRI. SHIVARAMU H.C., ADVOCATE FOR C/RESPONDENT)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 15.09.2025 PASSED IN WRIT PETITION
NO.18563/2025 (GM-PDS) IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1.
For the reasons stated in the application, I.A 1/2026, the
application is allowed and the delay in filing the appeal is
condoned.
2. The State has filed the present appeal impugning an
order dated 15.09.2025 [ the impugned order ] passed by the
learned Single Judge in Writ Petition No.18563/2025 [GM-PDS].
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HC-KAR
NC: 2026:KHC:61303-DB
WA No. 1941 of 2026
CNR: KAHC010567752026
3. The respondent had filed the said petition impugning an
endorsement dated 10.06.2025, whereby appellant No.2, the
Joint Director of Food and Civil Supplies, Bengaluru Urban
District [ Joint Director ] had rejected the respondent's
application for transferring the authorization of a fair price shop
on the ground that he was the adopted son of the fair price shop
inter alia
owner. The concerned authority, Joint Director, held
that, under the Karnataka Essential Commodities Public
Distribution System (Control) Order 2016, there is no provision
to consider the said application. Additionally, it was also
observed that the respondent was adopted after the death of the
fair price shop owner. The respondent assailed the
endorsement on the ground that adoptive children are also
entitled to transfer of the fair price shop authorization on
compassionate grounds.
4. The learned Single Judge referred to the decision in Writ
Petition No.22431/2024 and other connected matters, whereby
the Court had held that the spouse, sons, and adopted sons are
entitled to the transfer of authorisation on compassionate
grounds. Following the aforesaid decision, the learned Single
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NC: 2026:KHC:61303-DB
WA No. 1941 of 2026
CNR: KAHC010567752026
Judge disposed of the respondent's petition and directed the
Joint Director to transfer the authorization of the subject fair
price depot in favour of the respondent within four weeks of the
receipt of the certified copy of the order along with the
representation of the respondent.
5. The appellants do not dispute that transfer of
authorisation of fair price depots on compassionate grounds
cannot be denied to adopted children of the authorisation
holder. However, in the present case, one of the grounds on
which the respondent's request for transfer of authorisation on
compassionate grounds had been rejected was that the
adoption was after the demise of the adoptive parents.
6. Concededly, there is no question of the respondent being
adopted after the demise of his adoptive mother, who was the
owner of the fair price shop in question. However, the facts as
set out by the respondent are that he was adopted by his
adoptive parents (Muniappa and Lalithamma) on 05.05.2011.
The respondent states that he was seven years old on the date
of his adoption. He claims that his biological parents (Smt.
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HC-KAR
NC: 2026:KHC:61303-DB
WA No. 1941 of 2026
CNR: KAHC010567752026
Lakshmi and Sri. Krishnappa) executed an adoption deed on
the said date, that is, 05.05.2011. However, the respondent
claims that the said adoption deed was registered with the Sub-
Registrar, Rajajinagar (Yeshwanthpur), on 04.12.2024.
7. Smt.Lalithamma (fair price owner) expired on 30.06.2023.
Further, the respondent's biological father also expired on
24.04.2023, which was prior to the registration of the adoption
deed.
8. The learned Government Advocate submits that there is a
serious dispute as to whether the respondent was adopted by
Smt Lalithamma and Muniappa. He states that the respondent's
SSLC marks sheet also does not reflect the name of his
adoptive parents but those of his biological parents. This runs
contrary to the respondent's claim that he is the adopted son of
Smt Lalithamma and Muniappa. The learned Government
Advocate also contests the respondent's claim that the adoption
deed registered on 04.12.2024 was the same one allegedly
executed on 05.05.2011. He states that the adoptive father (Sri
Muniappa) and his biological mother (Smt. Lakshmi) had
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HC-KAR
NC: 2026:KHC:61303-DB
WA No. 1941 of 2026
CNR: KAHC010567752026
subsequently executed the adoption deed. As on the date of
registration of the deed, his biological father (Sri Krishnappa)
had already expired. He also handed over a copy of the suit
instituted by the respondent against the Secretary, Karnataka
inter alia,
Secondary Education Examination Board, seeking
correction of the SSLC mark sheets to record the name of his
adoptive parents. This Court is informed that the said suit O.S
No.8261/2025 is pending.
9. In the meanwhile, the appellants have complied with the
impugned order and have transferred the authorization of the
fair price depot in favour of the respondent on compassionate
grounds in compliance of the impugned order.
10. We note that neither the impugned endorsement nor the
impugned order passed by the learned Single Judge examined
the question of the validity of the respondent's claim of being
adopted by the fair price shop owner. Plainly, the respondent's
claim that he is entitled to transfer of authorisation on
compassionate grounds rests on his assertion that he is the
adopted son of the deceased fair price shop owner. As is
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NC: 2026:KHC:61303-DB
WA No. 1941 of 2026
CNR: KAHC010567752026
apparent from the above, there is a serious dispute as to the
said claim considering that the school records also do not reflect
any such adoption.
11. In the aforesaid circumstances, we dispose of the appeal,
leaving it open for the concerned authorities to take a view on
the respondent's claim of adoption. In the event that the
authorities are of the view that the claim for adoption cannot be
considered as genuine, they may pass an appropriate order
after affording the respondent an opportunity to be heard. We
also clarify that the impugned order would not preclude the
appellants from taking a view on the matter in issue and it would
be open for the appellants to cancel the transfer of authorization
if it takes an adverse view on the respondent's claim. All rights
and contentions of the parties in this regard are kept open.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(K.S. HEMALEKHA)
JUDGE
CKL/List No.: 1 Sl No.: 8