- 1 - HC-KAR NC: 2025:KHC:25321 WP No. 18645 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18645 OF 2024 (GM-PDS) BETWEEN: 1. SRI. SHAREYANK GOWDA J S S/O J P SIDDEGOWDA @ J P SURENDRA AGED ABOUT 36 YEARS R/OF: CHIKKOLALE KABBINAHALLI POST, CHICKMAGALUR-577 101 KARNATAKA. … PETITIONER (BY SRI. RAJASHEKHAR K., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY: PRL SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS VIKASASOUDHA, AMBEKDAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577 101. 3. THE JOINT DIRECTOR DEPARTMENT OF FOOD CIVIL SUPPLIES AND Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25321 WP No. 18645 of 2024 CONSUMER AFFAIRS, CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577 101. 4. THE DEPUTY DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577 101. 5. THE TAHSILDHAR CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT-577 101. … RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) DIRECTION QUASH THE ENDORSEMENT DATED 09/05/2024 ISSUED BY THE DEPUTY DIRECTOR, I.E. R4 HEREIN VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner is the son of the holder of authorisation of a Fair Price Depot. The challenge has been made to the endorsement at Annexure-A. - 3 - HC-KAR NC: 2025:KHC:25321 WP No. 18645 of 2024 2. The petitioner, upon the death of his father, has sought for transfer of authorisation into his name. The said application has been rejected on the ground that the petitioner's father was aged 72 years. The endorsement states that the authorized holder ought to be within 65 years under Clause 13 of the Food Control Orders of 2016, 2017, and 2021 for the purpose of considering the application. 3. It is to be noticed that the petitioner's father was issued with an authorisation under the Food Control Order of 1992 originally. 4. Perused the order passed by this court in W.P.No.1401/2025 dated 27.06.2025. The observations made in Paragraphs 4 to 6 reads as follows: "4. Perused the order passed in W.P.No.765/2024 and connected matters dated 31.08.2024 and the relevant paragraphs are extracted here below: - 4 - HC-KAR NC: 2025:KHC:25321 WP No. 18645 of 2024 "4. On the contrary, the learned counsel for the respondents, along with the learned Additional Government Advocate (AGA) representing the State, argued that the amended Clause 13 of the Control Orders of 2016, 2017, and 2021 explicitly prohibits the transfer of authorization on compassionate grounds if the authorized dealer dies after reaching the age of 65 years or if the transferee does not possess the prescribed qualifications. They relied on the decision of a Co-ordinate Bench of this Court in W.P. No. 13559/2020 and connected petitions, which were disposed of on 23.12.2021, to support their position. 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 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." - 5 - HC-KAR NC: 2025:KHC:25321 WP No. 18645 of 2024 5. The Coordinate Bench of this court while dealing with the aspect of transfer of endorsement in W.P.No.17131/2018 dated 08.02.2019 has held as under: "8.Admittedly, the application for transfer of endorsement in favour of the petitioner has been rejected on the ground that the petitioner does not fulfill the criteria with regard to the age. Paragraph-5 of the order dated 20.02.2017 in W.P.No.6993/2017 reads as under: "5. Both on the aspect relating to the applicant not requiring to pass the SSLC and the restriction of age not being applicable when the transfer of authorization is sought on compassionate ground has arisen before this Court in several writ petitions including W.P.No.22448/2015 dated 21.09.2016 and W.P.No.204335/2014 dated 17.11.2014 and it has been held that such condition cannot be imposed for transfer on compassionate ground." 6. In light of the above, it is clear that the Coordinate Bench has held that conditions in the amended Clause 13 of the Food Control Order of 2016 onwards being prospective cannot relate in imposing disqualification for transfer of authorisation as authorisation was granted under the Food Control Order of 1992. - 6 - HC-KAR NC: 2025:KHC:25321 WP No. 18645 of 2024 5. In light of the same, it is clear that the amendment for imposing conditions under Clause 13 of the Control Orders of 2016, 2017 and 2021 cannot be retrospectively made applicable to authorisation issued under the provisions of the earlier Food Control Order. 6. Accordingly, the endorsement at Annexure-A is set aside. Respondent nos.3 and 4 to pass orders and grant authorisation if other guidelines are met, within a period of four weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE NP