- 1 - HC-KAR NC: 2025:KHC:22478 WP No. 2977 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 2977 OF 2025 (GM-PDS) BETWEEN: NIRMAL THOMAS M AGED ABOUT 39 YEARS, S/O. LATE R. MARIA PRASTHAM, R/A NO.U-48, II CROSS ROAD, I MAIN ROAD, RAYAPURAM, JJR NAGAR, BANGALORE - 560 018. …PETITIONER (BY SRI SHIVARAMU H.C., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, WEST RANGE, BANGALORE-560 010 3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE-560 052. …RESPONDENTS (BY SRI K.P.YASHODHA, AGA) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22478 WP No. 2977 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 04/01/2025 ISSUED BY THE SECOND RESPONDENT IN HIS ORDER NO. JA NI (PA)DRA/PR007/2010-11 AT ANNEXURE-B AND ETC., THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the Endorsement dated 04.01.2025 at Annexure-B. In terms of the said Endorsement, the application for transfer of authorization on compassionate grounds to the petitioner has been rejected on the ground that the deceased was above the age of 65 years when he passed away. 2. The facts would reveal that the authorization was granted under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. Co-ordinate Bench of this Court, in W.P.No.31765/2024 at paragraph No.8 has held as follows: "8. A Co-ordinate Bench of this Court, in W.P.No. 13559/2022, upheld the validity of the amended proviso to Clause 13, but it was dealing with - 3 - HC-KAR NC: 2025:KHC:22478 WP No. 2977 of 2025 a challenge related to the renewal of authorization on compassionate grounds. In W.P. No. 55097/2017, disposed of on 11.12.2017, this Court held that the condition regarding the age limit imposed in the amended Clause 13 was not sustainable. The decision in W.P. No. 204335/2014, which was followed in W.P. No. 43249/2017, ruled similarly. Furthermore, in W.P. No. 103408/2023, disposed of on 12.06.2023, this Court reiterated that the restrictions introduced in the Control Orders of 2016, 2017 and 2021 were prospective in nature and could not be applied retrospectively to authorizations granted under the unamended Control Order of 1992. Therefore, these restrictions are only applicable to applicants seeking fresh authorizations and not to existing authorized dealers or their legal heirs." 3. In light of the same, question of age being disqualification for transfer of authorization on compassionate grounds does not arise. Accordingly, the following: ORDER (i) Petition is allowed; (ii) Endorsement dated 04.01.2025 at Annexure-B is set-aside; and - 4 - HC-KAR NC: 2025:KHC:22478 WP No. 2977 of 2025 (iii) Respondent No.2 is directed to issue authorization in light of the observations made above, as per law, without seeking for permission, approval, etc., which is not insisted under the Food Control Order, and necessary decision to be taken within a period of six weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE AV List No.: 1 Sl No.: 46