- 1 - NC: 2025:KHC:8079 WP No. 29837 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 29837 OF 2024 (GM-PDS) BETWEEN: SRI. THEJASVI AGED ABOUT 38 YEARS S/O LATE CHANRAMOHAN J C R/AT BYADARAHALLI HASSAN, CHANNARAYAPATNA KARNATAKA-573111 …PETITIONER (BY SRI. ANIL KUMAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPT OF FOOD AND CIVIL SUPPLIES VIKAS SOUDHA, DR B R AMBEDKAR VEEDHI BENGALURU-560001 2. THE DEPUTY DIRECTOR FOR FOOD AND CIVIL SUPPLIES HASSAN DISTRICT HASSAN-573201 3. THE TAHSILDAR CHANNARAYAPATNA TALUK CHANNARAYAPATNA HASSAN DISTRICT-573201 …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA., AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8079 WP No. 29837 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DTD 21.05.2024 BEARING NO.JI.AA.HA /CHA.THA./C.R-36/2023.24 ISSUED BY THE R2 VIDE ANNX-A AND DIRECTING THE RESPONDENT TO GRANT LICENSE TO THE PETITIONER ON COMPASSIONATE GROUNDS AS AUTHORIZED WHOLESALE DEALER TO RUN FAIR PRICE DEPOT AT BYADRAHALLI VILLAGE AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 Chandramohan.J.C, was granted authorization to run a Fair Price Depot at Byadarahalli Village, Hassan District. The petitioner’s father died on 27/12/2023. The petitioner gave a representation on 25.01.2024, seeking transfer of authorisation on compassionate grounds. - 3 - NC: 2025:KHC:8079 WP No. 29837 of 2024 However, the second respondent-Deputy Director of Food, Civil Supplies and Consumer Affairs, Hassan, has issued the impugned endorsement dated 21/05/2024 at Annexure-A, 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 65 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 - 4 - NC: 2025:KHC:8079 WP No. 29837 of 2024 on 17/03/2020 and 16/01.2021, certain conditions have 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 21.05.2024 at Annexure-A issued by the second respondent-the Deputy Director, Department of Food, Civil Supplies & Consumer Affairs, is hereby quashed and set aside. The second 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 KLY CT: JL