- 1 - HC-KAR NC: 2025:KHC-D:12956 WP No. 107079 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107079 OF 2025 (GM-PDS) BETWEEN: DATTATREYA S/O PRABHAKR POKALE, AGE. 32 YEARS, OCC. NIL, R/O. YAMAGARNI, TQ. NIPPANI, DIST. BELAGAVI-591 211. …PETITIONER (BY SRI. PRASHANT S.KADADEVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPT., VASANTH NAGAR, BENGALURU-01. 2. THE COMMISSIONER, FOOD, CIVIL AND CONSUMER AFFAIRS DEPT., CINNINGHAM ROAD, VASANTH NAGAR, BENGALURU-560 002. 3. THE DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI-590 001. 4. THE JOINT DIRECTOR, FOOD, CIVIL AND CONSUMER AFFAIRS DEPT., BELAGAVI, DIST. BELAGAVI-590 001. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R4) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12956 WP No. 107079 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I. A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING NO.PÀæ.D¥ÀÆ«/£Áå¨ÉCA/C£ÀÄPÀA¥À/«ªÀ- 284/2024-2025 Dated 22.01.2025 ISSUED BY IN RESPONDENT NO.4 VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY. II. A WRIT IN A NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION DATED 16.01.2025 (ANNEXURE-F) AND TRANSFER THE LICENSE OF THE FAIR PRICE SHOP AUTHORIZATION IN FAVOUR OF PETITIONER FORTHWITH, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. A writ in the nature of certiorari quashing the impugned endorsement bearing no.PÀæ.D¥ÀÆ«/£Áå¨ÉCA/C£ÀÄPÀA¥À/«ªÀ- 284/2024-2025 dated 22.01.2025 issued by in Respondent No.4 vide Annexure-G, in the interest of justice and equity. ii. A writ in a nature of Mandamus directing the Respondent No.4 to consider the representation dated 16.01.2025 (Annexure-F) and transfer the license of the Fair Price Shop authorization in favour of petitioner forthwith, in the interest of justice and equity. iii. Issue such other reliefs as this Hon’ble Court deems fit in circumstance of the case. - 3 - HC-KAR NC: 2025:KHC-D:12956 WP No. 107079 of 2025 2. An authorisation for running a fair price shop was issued in favour of the father of the petitioner, who expired on 02.12.2024. Thereafter, the petitioner made an application for transfer of the authorisation on a compassionate basis in his favour, which came to be rejected on the ground that the father was 66 years of age at the time of his death. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 3. This aspect is no longer res integra and the same has been considered by this Court in Writ Petition No. 100048/2024 wherein it has been held that the age of the deceased father would not be relevant for the purpose of consideration of application for compassionate transfer. In that background, I pass the following: ORDER (i) The writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:12956 WP No. 107079 of 2025 (ii) A certiorari is issued. The endorsement dated 22.01.2025 at Annexure-G is quashed. (iii) A mandamus is issued directing the respondent No.4 to reconsider the application of the petitioner, upon the petitioner submitting all the documents as required under the applicable law. Sd/- (SURAJ GOVINDARAJ) JUDGE RH CT: UMD List No.: 1 Sl No.: 33