- 1 - NC: 2025:KHC:7376 WP No. 3200 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3200 OF 2025 (GM-PDS) BETWEEN: MR.K N RAMANJU SON OF LATE R.NARAYANAPPA AGED ABOUT 43 YEARS R/A NO.34, A.KOTHIPURA, 21ST WARD, RAMANAGARA TOWN-562159 …PETITIONER (BY SRI. SHANKAR H S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDI, BENGALURU-560001 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562159 3. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES RAMANAGARA DISTRICT RAMANAGARA-562159 …RESPONDENTS (BY SRI.H.K.KENCHE GOWDA., AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7376 WP No. 3200 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD.28.01.2025 VIDE NO.RAJI/ AAHADRA/ANUKAMPA/33/2024-25 PASSED BY THE R-3 (ANNX- D) AND CONSEQUENTLY DIRECTS THE R-2 TO CONSIDER THE CLAIM OF THE PETITIONER AS PER APPLICATION/ REPRESENTATION DTD. 19/12/2024 (ANNX-C) ANDD ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the rejection of the application seeking transfer of authorisation on compassionate grounds. 2. It is the case of the petitioner that the petitioner’s father, Sri.R.Narayanappa, was granted authorization to run a Fair Price Depot at Kottipura village, Ramanagara Taluk and District. The petitioner’s father died on 03/12/2024 leaving behind the petitioner, his mother, a brother and two daughters. The petitioner gave a representation on 19.12.2024, seeking transfer of authorisation on compassionate grounds. However, the third respondent-Deputy Director of Food, Civil Supplies - 3 - NC: 2025:KHC:7376 WP No. 3200 of 2025 and Consumer Affairs, Ramanagara, has issued the impugned endorsement dated 28/01/2025 at Annexure-D, declining to transfer the authorization on the ground that the Karnataka Essential Commodities Public Distribution System (Control) Order 2016, provides that if the previous authorization holder died before the age of 65, only then the authorization could be transferred. However, the petitioner’s father died when he was aged about 78 years. 3. Learned Counsel for the petitioner submits that this Court has considered similar such cases and has held that the Control Orders of 2016, 2017 and 2021, are prospective in nature and could not be applied retrospectively to authorization granted under the unamended Control Order of 1992. 4. Moreover, this Court has also noticed in W.P.No.3184 of 2021, in the case of Mohamead Ibrahim Sait Vs. The State of Karnataka and others, that by way of two notifications issued by the State Government on 17/03/2020 and 16/01.2021, certain conditions have - 4 - NC: 2025:KHC:7376 WP No. 3200 of 2025 been imposed in the matter of transfer of authorisation restricting the authorization only for a period 10 years. 5. In that view of the matter the writ petition is allowed. The impugned endorsement dated 28.01.2025 at Annexure-D issued by the third respondent-the Deputy Director, Department of Food, Civil Supplies & Consumer Affairs, is hereby quashed and set aside. The third respondent is hereby directed to reconsider the application of the petitioner having regard to the observations made by this Court and pass orders regarding transfer of the authorization for the period fixed in terms of the notification dated 16/01/2021. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DL CT: JL