- 1 - HC-KAR NC: 2025:KHC:21513 RP No. 561 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT REVIEW PETITION NO. 561 OF 2023 BETWEEN: LEPAKSHI AGED ABOUT 46 YEARS, S/O. LATE K. L. HELVAPPA, RESIDING AT NO.001, KANAGONDANAHALLI TANGALI, CHIKMAGALUR-577 548. …PETITIONER (BY SRI. SHIVARAMU H. C., ADV.) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD CIVIL SUPPLIES, CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M.S. BUILDING, BANGALORE-560 001. 2. THE DEPUTY DIRECTOR DEPARTMENT OF FOOD CIVIL SUPPLIES, CONSUMER AFFAIRS, CHICKMAGALURU DISTRICT, CHICKMAGALURU-577 548. 3. THE TAHASILDAR CHICKMAGALUR, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21513 RP No. 561 of 2023 CHICKMAGALURU DISTRICT, CHICKMAGALURU-577 548. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA) THIS PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO I) REVIEW THE ORDER DATED 30/03/2022 PASSED IN W.P.NO.18948/2021 AT ANNEXURE-A AND II) ALLOW THE REVIEW PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER This review petition is filed under Section 114 r/w Order 47 Rule 1 of the Code of Civil Procedure, 1908 seeking to review the order dated 30.03.2022 in W.P.No.18948/2021. 2. Petitioner was before this Court in W.P.No.18948/2021 praying to quash the endorsement dated 18.09.2021 (Annexure-D) wherein the petitioner’s request for transfer of authorization to run the Fair Price Shop on compassionate ground was rejected. This Court, - 3 - HC-KAR NC: 2025:KHC:21513 RP No. 561 of 2023 placing reliance on the order dated 23.12.2021 in W.P.No.13559/2020 rejected petitioner’s writ petition. 3. Learned counsel Sri.H.C.Shivaramu for petitioner brought to the notice of this Court that in the said writ petition, amended proviso to Clause 13 of Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 (for short “2016 Order”) was under challenge wherein the learned single judge of this Court refused to quash the amended proviso. Learned counsel Sri.H.C.Shivaramu would submit that in terms of Clause 13 of 2016 Order, the petitioner’s application for transfer of authorization on compassionate ground shall have to be considered, if the petitioner fulfills other conditions. 4. It is seen that the petitioner’s father was granted authorization to run Fair Price Shop under Karnataka Essential Commodities Public Distribution System (Control) Order, 2016. Petitioner’s father died on 03.07.2021 and subsequently, the petitioner filed an application on - 4 - HC-KAR NC: 2025:KHC:21513 RP No. 561 of 2023 07.09.2021 seeking transfer of authorization in her favour on compassionate ground. Petitioner’s application was rejected on the ground that at the time of death of petitioner’s father, he was aged 70 years and that the petitioner had not passed SSLC. 5. The amended proviso to Rule 13 reads as follows: Amendment of Rule 13: In the Karnataka Essential Commodities Public Distribution (Control) Order, 2016, the proviso made under rule-13 shall be substituted by the following: “Provided that the authorized authority may order for such transfer in the event of the death of the authorized dealer before 65 years of age, to the spouse or son or unmarried daughter in case he or she is above 18 years of age and less than 30 years (40 years in case of unmarried daughter and 65 years in case of spouse) having passed SSLC, both as on the date of the death of the authorized dealer. The application for such transfer should be made within 90 days of the death of the authorized dealer. Such transfer shall be made only after obtaining prior approval of Commissioner, Food, Civil Supplies and Consumer Affairs Department and only for a maximum period of 3 years i.e., the period of validity of a fresh authorization. - 5 - HC-KAR NC: 2025:KHC:21513 RP No. 561 of 2023 No further renewal is allowed for such transfers.” 6. The above amended proviso makes it clear that for transfer of authorization in the event of death of the authorized dealer before 65 years and the person seeking transfer shall be between the age group of 18 years and 30 years or 40 years in the case of unmarried daughter and 65 years in the case of spouse and also pass in SSLC as on the date of death of the authorized dealer. 7. Admittedly, the petitioner has not passed SSLC and father of the petitioner was aged about 70 years as on the date of his death. As such, in my considered view, the petitioner would not fall within the amended proviso to Rule 13 of 2016 Order. Hence, there is no error apparent on the face of record to review the order dated 30.03.2022 in W.P.No.18948/2021. Accordingly, the review petition stands rejected. Sd/- (S.G.PANDIT) JUDGE MPK List No.: 1 Sl No.: 3