- 1 - NC: 2025:KHC-D:2580 WP No. 100903 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100903 OF 2025 (GM-PDS) BETWEEN: ASIF CHITTARGI S/O. NABISAB CHITTARGI, AGE: 51 YEARS, R/AT: MOULALI ROAD, KULAKARI HAKKAL, TABIBLAND HUBLI, HUBLI- 580020, DIST: DHARWAD. …PETITIONER (BY SRI. S.H. MITTALKOD, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKASA SOUDHA, BANGALORE -560001. 2. DEPUTY COMMISSIONER, UB HILLS ROAD, NEAR HINDI PRACHAR SABHA CIRCLE, MALMADDI, DHARWAD, KARNATAKA- 580001. 3. JOINT DIRECTOR, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, DHARWAD- 580001. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, WHEREFORE, FOR THE REASONS STATED ABOVE, THE PETITIONER HUMBLY PRAY THAT THIS HON’BLE COURT MAY BE PLEASED TO CALL FOR RECORDS AND PROCEEDINGS OF RESPONDENT NO.3 PERTAINING TO THIS CASE AND EXERCISE THE JURISDICTION UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA AND ISSUE. ISSUE A WRIT OF CERTIORARI Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2580 WP No. 100903 of 2025 QUASHING THE ENDORSEMENT PRODUCED AT ANNEXURE-A BEARING NO.S/SUP/DRA/CR.12/2024-25 DATED 14.06.2024 REJECTING THE APPLICATION OF THE PETITIONER PASSED BY RESPONDENT NO.3 IN THE INTEREST OF JUSTICE. ISSUE A WRIT OF MANDAMUS TO RESPONDENT NO.3 TO TRANSFER THE LICENSE OF FAIR PRICE SHOP IN FAVOR OF PETITIONER ON THE COMPASSIONATE GROUNDS. ISSUE ANY SUCH OTHER OR DIRECTION AS THE HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE IN THE INTEREST ON JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.106778/2024, disposed of on 21st November 2024. The Coordinate Bench held as follows: “Petitioner is a son of Sri Ramappa Kudari, R/o.Raderatti village, Gokak Taluka. Father of petitioner was running a fair price shop at Raderatti under a licence issued by the Karnataka Essential Commodities Licensing Order, 1986. The licence was renewed upto 31.03.2028. 2. The father of petitioner unfortunately died on 19.07.2024 during the subsistence of the period of licence. In view of death of his father, the petitioner applied for transfer of licence of fair price shop in his favour on compassionate ground. The application was made to the 4th respondent. The petitioner had obtained Survivor Certificate issued by the Deputy Tahashildar. The 4th respondent on - 3 - NC: 2025:KHC-D:2580 WP No. 100903 of 2025 receipt of the application forwarded the same to respondent No.3 for consideration, whereas the 3rd respondent rejected the application of the petitioner for transfer on the ground that the age of the father of petitioner was more than 65 years i.e., 71 years, which exceeds the age of 65 years as per Gazette Notification. Hence, under the Control Order, the petitioner is not entitled to transfer. It is vehement contention of the petitioner that whatever be the age of father, once he has died the petitioner would be entitled to transfer of licence to run the fair price shop. 3. Learned counsel for the petitioner submits that the impugned order passed by the 3rd respondent is illegal, contrary and the same deserves to be quashed and accordingly, he seeks relief of writ of mandamus for a direction to the 3rd respondent to issue the licence on compassionate ground. 4. In similar matter of licence not granted on compassionate grounds, this Court in W.P.No.203085/2023 and W.P.no.13559/2020 and connected matters passed orders and held that the age shall not be a criteria or bar for grant of licence on compassionate grounds and relaxed the age limits, for such authorization being transferred to the legal representatives of the original authorized dealer/licence holder. Under the circumstances, the petitioner herein would also be entitled to similar order. Accordingly, I pass the following: ORDER (i) This petition is allowed. (ii) The order/endorsement dated 23.10.2024 passed by the 3rd respondent vide Annexure-F is hereby quashed. (iii) Writ of mandamus is issued directing respondent No.3 to - 4 - NC: 2025:KHC-D:2580 WP No. 100903 of 2025 transfer the fair price shop license in favour of the petitioner on compassionate ground within four weeks from the date of receipt of copy of this order.” 2. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ASC List No.: 1 Sl No.: 103