- 1 - HC-KAR NC: 2025:KHC:28641 WP No. 18164 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18164 OF 2025 (GM-PDS) BETWEEN: 1. MANJUNATH M A AGED ABOUT 46 YEARS, S/O LATE APPI REDDY M. C., RESIDENT OF MADENAHALLI VILLAGE, SIDDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT-562 105. …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR-562101. 3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28641 WP No. 18164 of 2025 CUNNINGHAM ROAD, BANGALORE - 560 052. …RESPONDENTS (BY SMT. K P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER DATED 13.05.2025 PASSED BY THE SECOND RESPONDENT IN HIS ORDER NO. AA NASA/DRA/SHI/FPD/45/2016-17 AT ANNEXURE - B AND ETC., THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the endorsement dated 13.05.2025 whereby the request for transfer of authorisation consequent to the death of Appi Reddy who was the holder of authorisation, was refused on the ground that at the time of his death, the authorised holder was aged 76 years and it was not permissible in terms of Clause 13 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 to entertain the request where the age of the authorised holder was above 65 years. - 3 - HC-KAR NC: 2025:KHC:28641 WP No. 18164 of 2025 2. The facts would reveal that the authorization was granted under the Karnataka Essential Commodities Public Distribution System (Control) Order, 1992. The Co- ordinate Bench of this Court, in W.P.No.31765/2024 at paragraph No.8 has held as follows: "8. A Co-ordinate Bench of this Court, in W.P.No. 13559/2022, upheld the validity of the amended proviso to Clause 13, but it was dealing with a challenge related to the renewal of authorization on compassionate grounds. In W.P. No. 55097/2017, disposed of on 11.12.2017, this Court held that the condition regarding the age limit imposed in the amended Clause 13 was not sustainable. The decision in W.P. No. 204335/2014, which was followed in W.P. No. 43249/2017, ruled similarly. Furthermore, in W.P. No. 103408/2023, disposed of on 12.06.2023, this Court reiterated that the restrictions introduced in the Control Orders of 2016, 2017 and 2021 were prospective in nature and could not be applied retrospectively to authorizations granted under the unamended Control Order of 1992. Therefore, these restrictions are only applicable to applicants seeking fresh authorizations and not to existing authorized dealers or their legal heirs." - 4 - HC-KAR NC: 2025:KHC:28641 WP No. 18164 of 2025 3. In light of the same, question of age being disqualification for transfer of authorisation on compassionate ground does not arise. Accordingly, the following: ORDER (i) Petition is allowed; (ii) Endorsement dated 13.05.2025 at Annexure-B is set-aside; and (iii) Respondent No.2 is directed to issue authorization in light of the observations made above, as per law, without seeking for permission, approval, etc., which is not insisted under the Food Control Order, and necessary decision to be taken within a period of three weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE VP