- 1 - NC: 2025:KHC-K:1862 WP No. 200904 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200904 OF 2025 (GM-EC) BETWEEN: SRI. DEEPRAJ S/O LATE NAGSHETTY BIRADAR, AGED ABOUT 27 YEARS, OCC: NILL, R/O: 30-22 NEAR PANCHAYAT KATTA, TRIPURANTH, TQ: BASAVAKALYAN, DIST: BIDAR – 585 327. …PETITIONER (BY KUM. VAISHNAVI CHANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF FOOD AND CIVIL SUPPLIES, VIDHANA SOUDHA, BENGALURU - 560 001. BY ITS UNDER SECRETARY. 2. THE FOOD COMMISSIONER FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BENGALURU - 650 052. 3. THE DEPUTY COMMISSIONER D.C.OFFICE BIDAR – 585 401. 4. THE DEPUTY DIRECTOR, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1862 WP No. 200904 of 2025 FOOD AND CIVIL SUPPLIES BIDAR – 585 401. 5. THE TAHASILDAR BASAVAKALYAN TALUKA, TAHASIL OFFICE, BASAVAKALYAN - 585 327. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT BEARING NO.¸ÀASÉå D£Á¸É/£Áå¨ÉCA/¹.Dgï-2024-25 DATED 05.03.2025 VIDE ANNEXURE-D ISSUED BY THE 4TH RESPONDENT AUTHORITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate on behalf of the respondents. 2. Petitioner is before this Court assailing the endorsement dated 05.10.2025 marked at Annexure – B issued by 4th respondent. - 3 - NC: 2025:KHC-K:1862 WP No. 200904 of 2025 3. In terms of the said endorsement, 4th respondent has declined to renew the Fair Price Shop licence in favour of the petitioner who claimed to transfer the licence pertaining to Fair Price Shop held by petitioner’s father who died on 25.10.2024. 4. Learned counsel for the petitioner would submit that the petitioner’s father was holding a Fair Price Shop licence which was granted to him in the year 1993. This fact is not in dispute. It is further not in dispute that he died on 25.10.2024. The impugned endorsement is issued holding that the petitioner is not entitled to transfer of licence on compassionate ground in view of the amendment to Karnataka Essential Commodities (Public Procurement System) Control Order, 1992. The amendment came into force on 05.06.2017 imposing restrictions of transfer based on compassionate ground. 5. Learned counsel for the petitioner would submit that the amendment is prospective in operation and does not apply to the licence granted prior to amendment of 2017 and it is applicable only in respect of licence granted after the amendment of 2017. In support of her contention learned - 4 - NC: 2025:KHC-K:1862 WP No. 200904 of 2025 counsel would refer to the judgment of this Court in Writ Petition No.200220/2025. 6. Learned Government Advocate does not dispute the fact that the issue involved in the case is covered in terms of the order in the aforementioned case and the amended provisions of 2017 is held to be prospective. It is also noticed that the co-ordinate bench of this Court in W.P.No.765/2024 has taken the said view. 7. Accordingly, the petition is allowed. The impugned endorsement is quashed. The respondent shall transfer the Fair Price Shop License to the petitioner in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 33