- 1 - NC: 2025:KHC:9603 WP No. 20304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20304 OF 2024 (GM-PDS) BETWEEN: MOHAMMED JAVEED IQBAL S/O LATE AMEENULLA AGED 40 YEARS RESIDENT OF MASJID ROAD, BIBIJAN LAYOUT, GUBBI GATE, TUMAKURU – 572 106. …PETITIONER (BY SRI M.B.CHANDRACHOODA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD, CIVIL SUPPLIES, CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU – 560 001. 2. THE JOINT DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, TUMAKURU DISTRICT TUMAKURU – 572 101. …RESPONDENTS (BY SRI H.K.KENCHEGOWDA, AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9603 WP No. 20304 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE ENDORSEMENT DTD. 08.07.2024 BEARING NO. FSD/FPD/CR/132/2024-25 ISSUED BY THE JOINT DIRECTOR (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) TUMAKURU DISTRICT, TUMAKURU VIDE ANNX-D BY ISSUE OF WRIT OF CERTIORARI; ii) DIRECT THE R-2 TO ISSUE AUTHORIZATION / LICENSE IN FAVOUR OF PETITIONER ON COMPASSIONATE GROUNDS FOR DISTRIBUTION OF ESSENTIAL COMMODITIES TO THE CARD HOLDERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an endorsement dated 08.07.2024, by which, the application of the petitioner seeking transfer of authorization on compassionate grounds comes to be rejected. 2. Heard Sri. M.B. Chandrachooda, learned counsel appearing for the petitioner, Sri. H.K.Kenchegowda, learned - 3 - NC: 2025:KHC:9603 WP No. 20304 of 2024 Additional Government Advocate appearing for the respondents and have perused the material on record. 3. Learned counsel, Sri. M.B. Chandrachooda, appearing for the petitioner would submit that the endorsement comes about on the ground that the age of the father was above 65 years at the time when he died and therefore, the authorization cannot be transferred. This is held to be contrary to law, by the judgment rendered by a coordinate bench of this Court in W.P.No.17048/2021 disposed on 20.09.2021, wherein it has held as follows: "The subject matter of this Writ Petition is substantially similar to the one in W.P.No.17131/2018 disposed off by a Co-ordinate Bench of this Court on 8.2.2019, copy whereof is at Annexure-F; at para Nos.9 & 10 of the order, said judgment reads as under: “From close scrutiny of the aforesaid paragraph, it is evident that in W.P.No.22448/2015 which was decided by an order dated 21.09.2016, it has been held that the requirement with regard to having passed SSLC and restriction of age is not applicable when the transfer of authorization is sought on compassionate ground. The aforesaid finding has admittedly attained finality and is binding on the respondents as they have not challenged the same either by filing a review petition or by filing a writ appeal. Therefore this Court finds no reason to take a different view. 10. In the result, the impugned endorsement dated 23.03.2018 is hereby quashed and set aside and a direction is issued to respondent No.1 to take note of the application - 4 - NC: 2025:KHC:9603 WP No. 20304 of 2024 filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date on which a copy of this order is furnished.” 2. The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat like- cases alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigant as well, there being no derogatory circumstances. In the above circumstances, this Writ Petition is allowed; impugned endorsement dated 03.09.2021 at Annexure-B is quashed; second respondent is directed to consider the petitioner’s application without reference to age and qualification. Time for compliance is two months. No costs." (Emphasis supplied) 4. In the light of the fact that the issue in the lis stands covered by the order passed by the coordinate bench of this Court supra, which is not disputed by the learned Additional Government Advocate, I deem it appropriate to pass the following: ORDER i) The Writ Petition is allowed. ii) The endorsement dated 08.07.2024 stands quashed. - 5 - NC: 2025:KHC:9603 WP No. 20304 of 2024 iii) Respondent No.2 is directed to reconsider the application of the petitioner, bearing in mind the observations in the course of the order within 12 weeks from the date of receipt of a copy of this order, if not already allotted to anyone else. SD/- ____________________ JUSTICE M.NAGAPRASANNA BKP List No.: 1 Sl No.: 56