SUVARNA vs THE STATE OF KARNATKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11572
WP No. 204268 of 2026
CNR: KAHC030112162026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204268 OF 2026 (GM-EC)
BETWEEN:
1. SUVARNA
D/O LATE HANUM GOUDA
@ HANMANTHRAYA PATIL
AGE: 32 YEARS,
OCC: NIL
R/O BAPPARAGI VILLAGE
TQ: HUNASAGI
DIST: YADGIRI-585215
…PETITIONER
(BY SRI. SATISHKUMAR D GADKAR., ADVOCATE)
Digitally signed
by SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
AND:
1. THE STATE OF KARNATKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
AND CONSUMER AFFAIRS,
VIKAS SOUDHA BENGALURU-560001
2.
THE COMMISSIONER
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
CONSUMER AFFAIRS (PROCUREMENT AND
DISTRIBUTION BRANCH)
BENGALURU-560001
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HC-KAR
NC: 2026:KHC-K:11572
WP No. 204268 of 2026
CNR: KAHC030112162026
3. THE DEPUTY DIRECTOR
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
CONSUMER AFFAIRS
YADGIRI-585215
4.
THE TAHSILDAR
HUNASAGI TQ:
HUNASAGI-585215
DIST: YADGIRI.
…RESPONDENTS
(BY SRI.VIRENAGOUDA BIRADAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS AND ISSUE: A) ISSUE WRIT OF CERTIORARI
QUASHING THE IMPUGNED NOTIFICATION DATED 16-09-2026
IN FILE NO.FOOD/FAIR PRICE SHOP/HUNASAGI/2026-27
PUBLISHED BY RESPONDENT NO.3 AS PER ANENXURE-C; B)
ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO CONSIDER THE REPRESENTATION OF PETITIONER DATED
05-10-2026 AS PER ANNEXURE-D; C) ISSUE ANY WRIT ORDER
OR DIRECTIONS AS DEEMS FIT BY THIS HONOURABLE COURT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-K:11572
WP No. 204268 of 2026
CNR: KAHC030112162026
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ petition is filed seeking the following
prayers:
“ a) Issue writ of certiorari quashing the
impugned notification dated 16.9.2026 in file No:
Food/Fair Price Shop/Hunasagi/2026-27 published by
respondent No: 3 as per Annexure-C, in ends of
justice and equity. A
b) Issue writ of mandamus directing the
respondents to consider the representation of
petitioner dated 5.10.2026 as per Annexure-D, in
ends of justice and equity.
c) Issue any writ order or directions as deems
fit by this Hon'ble court. ”
2. Heard Sri. Satishkumar D Gadkar, learned
counsel appearing for the petitioner, Sri. Viranagouda
Biradar, learned Additional Government Advocate
appearing for the respondents and meticulously perused
the material available on record.
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HC-KAR
NC: 2026:KHC-K:11572
WP No. 204268 of 2026
CNR: KAHC030112162026
3. The petitioner is a permanent resident of
Bapparagi Village, Hunasagi Taluk, Yadgiri District. The
petitioner’s father was the authorized holder of Fair Price
Shop No.71, situated at Bapparagi Village. He died on
26.05.2014. Thereafter, the petitioner submitted an
application seeking to transfer the authorization of the said
Fair Price Shop in her name. The respondent – authority,
by endorsement dated 20.12.2019, rejected the
petitioner's request on the ground that the application had
not been submitted within 90 days from the date of her
father’s death.
4. Aggrieved by the said endorsement, the
petitioner approached this Court in W.P.No.214190/2020.
This Court, by order dated 07.02.2020, held as under:
“ Writ petition is allowed. The endorsement in
: . . . 2014-1 5
bearing No. dated
ಆ ಾರ ಾ ೆ ಅಂ ಅನುಕಂಪಃ
20.12.2019 vide Annexure-D issued by the 4th
respondent is hereby quashed. The 4th respondent. is
hereby directed to consider the application of the
petitioner dated 25.11.2019 vide Annexure-C for transfer
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HC-KAR
NC: 2026:KHC-K:11572
WP No. 204268 of 2026
CNR: KAHC030112162026
of license in favour of petitioner without insisting for
educational qualification. The said exercise has to be
done by the 4th respondent within two months two
months from the date of receipt of certified copy of this
order. ”
5. A perusal of the aforesaid order indicates that this
Court had directed respondent No.4 therein, namely, the
Deputy Director, Food and Civil Supplies, Yadgiri, to
consider the petitioner's application dated 25.11.2019
seeking transfer of the authorization of the Fair Price Shop
in her favour, without insisting for the educational
qualification. The said consideration was ordered to be
completed within two months from the date of receipt of a
copy of the order.
6. It is to be noticed that, without complying with
the directions issued by this Court in
W.P.No.214190/2020, respondent No.3 has issued the
impugned notification dated 16.09.2026, inviting fresh
applications for allotment of the Fair Price Shop in respect
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HC-KAR
NC: 2026:KHC-K:11572
WP No. 204268 of 2026
CNR: KAHC030112162026
of which the petitioner had sought transfer of authorization
in her favour.
7. In my considered view, respondent No.3 has
issued the impugned notification dated 16.09.2026 without
complying with the directions issued by this Court in
W.P.No.214190/2020, referred supra . Accordingly, the
impugned notification warrants interference and is liable to
be set aside. Hence, I proceed to pass the following:
ORDER
allowed
i) The writ petition is .
ii) The impugned notification dated
16.09.2026 issued by respondent No.3 at
Annexure-C is hereby quashed.
iii) A writ of mandamus is issued to respondent
No.3 to take decision in accordance with
the directions passed by this Court in
W.P.No.214190/2020, by considering the
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HC-KAR
NC: 2026:KHC-K:11572
WP No. 204268 of 2026
CNR: KAHC030112162026
petitioner’s application dated 25.11.2019,
within a period of one(1) month from the
date of receipt of a copy of this order.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PHM
List No.: 1 Sl No.: 19