- 1 - NC: 2025:KHC:7597 WP No. 36329 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 36329 OF 2024 (GM-PDS) BETWEEN: SRI. K.R. LAKSHMINARAYANA, S/O. LATE SRI. RAMACHANDRAPPA AND LATE SMT. G. NAGARATHNAMMA, AGED ABOUT 39 YEARS, RESIDENT OF KATENAHALLI VILLAGE, SOMENAHALLI HOBLI AND POST, GUDIBANDE TALUK, CHIKKABALLAPURA - 562 104, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. BANDAGAR SHIVAJI, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU - 560 052, REPRESENTED BY ITS COMMISSIONER. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR – 563 101. 3. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA – 562 101. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7597 WP No. 36329 of 2024 4. THE TAHSILDAR, GUDIBANDE TALUK, GUDIBANDE, CHIKKABALLAPURA – 562 101. 5. COMPETENT AUTHORITY AND DEPUTY DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, CHIKKABALLAPURA DISTRICT. CHIKKABALLAPURA – 562 101. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT/PROCEEDINGS OF THE 5TH RESPONDENT BEARING NO.FCS/DRA/CR/32/2015-16 DATED 05.11.2024 (SIGNED ON 06.11.2024) AS PER ANNEXURE-A TO THE WRIT PETITION AS BAD IN LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader is directed to take notice for all the respondents. 2. Though the matter is listed for “Preliminary Hearing”, with the consent of the learned counsel for the - 3 - NC: 2025:KHC:7597 WP No. 36329 of 2024 petitioner and learned High Court Government Pleader who appears for respondents, the matter is taken up for final disposal. 3. It is the case of the petitioner that earlier authorization was given in favour of her father and upon his death, the petitioner's mother was issued with PDS license during 1997, on compassionate grounds. Since the petitioner's mother passed away, the petitioner is seeking transfer of authorization on compassionate grounds. Learned counsel for the petitioner submits that as per the endorsement at Annexure-A, the application of the petitioner seeking transfer of authorization on compassionate ground has been rejected on the ground that he does not possess educational qualification in terms of the clause 13 of Karnataka Essential Commodities Public Distribution System (Control) (2nd Amendment) Order 2017. However, the learned counsel for the petitioner submits that there are several decisions of this Court that the prescription of the educational qualification and age is - 4 - NC: 2025:KHC:7597 WP No. 36329 of 2024 not attracted insofar as the application seeking for transfer of authorization on compassionate ground. In this regard the learned counsel draws the attention of this Court to one such decision in the case of Smt. Pushpa Vs The Principal Secretary to Government of Karnataka and Others, in W.P.No.17131/2018 (GM-PDS), which was decided on 08th February 2019. 4. It is seen from the order passed by the co- ordinate Bench that as early as 30.07.2017 in W.P.No.6993/2017, while considering the similar cases, the following order was passed: “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 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 - 5 - NC: 2025:KHC:7597 WP No. 36329 of 2024 be imposed for transfer on compassionate ground”. 5. Having considered these aspects and the contentions of the respondents, the co-ordinate Bench proceeded to set aside the endorsement issued by the Deputy Commissioner and directed the respondents to reconsider the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible. 6. Moreover, this Court has also noticed in W.P.No.3184 of 2021, in the case of Mohamad Ibrahim Sait Vs. The State of Karnataka and others, that by way of two notifications issued by the State Government on 17/03/2020 and 16/01/2021, certain conditions have been imposed in the matter of transfer of authorization restricting the authorization only for a period 10 years. [ 7. Having regard to the fact that this Court has considered several such cases, the contention of the - 6 - NC: 2025:KHC:7597 WP No. 36329 of 2024 petitioner is accepted. As a result, the impugned endorsement dated 06.11.2024 at Annexure-A is hereby quashed and set aside and a direction is issued to the fifth respondent-The Deputy Director, Department of Food & Civil Supplies, Chikkaballapura to take note of the application filed by the petitioner and to consider the same for transfer of 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. The writ petition is accordingly allowed. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 2 CT: BHK