- 1 - NC: 2025:KHC:8159 WP No. 5347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5347 OF 2025 (GM-PDS) BETWEEN: PN ANIL KUMAR S/O PH NAGARAJA, AGED ABOUT 38 YEARS, AND RESIDING AT BANDRAVI VILLAGE, SANTHGUDDA HOBLI, MOLAKALMURU TALUK, CHITRADURGA 577 540. …PETITIONER (BY SRI. ABHINAY Y.T, ADVOCATE) AND: 1. THE COMMISSIONER FOR FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU - 560 052. 2. THE JOINT DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLIES, AND CONSUMER AFFAIRS, CHITRADURGA DISTRICT, CHITRADURGA - 577 540. 3. THE THASILDAR MOLAKALMURU TALUK, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8159 WP No. 5347 of 2025 CHITRADURGA - 577 540. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIONOF INDIA PRAYING TO-QUASH THE ORDER BEARING NO. FSD/ANUKAMPA/CR/35/2024-25 DTD 15.11.2024 PASSED BY THE R-2 (ANNX-C). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the rejection of the application seeking transfer of authorisation on compassionate grounds. 2. It is the case of the petitioner that the petitioner’s father, Sri. P.H. Nagaraja, was granted authorization to run a Fair Price Depot at Bandravi Village, Santhgudda Hobli, Molakalmuru Taluk, Chitradurga District. The petitioner’s father died on 31.07.2024 leaving behind the petitioner, his wife, his two sisters and a brother. The petitioner gave a representation on 19.08.2024, seeking transfer of authorisation on compassionate grounds. However, the second respondent- - 3 - NC: 2025:KHC:8159 WP No. 5347 of 2025 the Joint Director, Department of Food, Civil Supplies and Consumer Affairs, Chitradurga District, has issued the impugned order dated 15.11.2024 at Annexure-C, declining to transfer the authorization on the ground that the Karnataka Essential Commodities Public Distribution System (Control) Order 2016, provides that if the previous authorization holder died before the age of 65, only then the authorization could be transferred. However, the petitioner’s father died when he was aged about 65 years. 3. Learned Counsel for the petitioner submits that this Court has considered similar such cases and has held that the Control Orders of 2016, 2017 and 2021, are prospective in nature and could not be applied retrospectively to authorization granted under the unamended Control Order of 1992. 4. Moreover, this Court has also noticed in W.P.No.3184 of 2021, in the case of Mohamed Ibrahim Sait Vs. The State of Karnataka and others, that by way of two notifications issued by the State Government - 4 - NC: 2025:KHC:8159 WP No. 5347 of 2025 on 17/03/2020 and 16/01.2021, certain conditions have been imposed in the matter of transfer of authorisation restricting the authorization only for a period 10 years. 5. In that view of the matter the writ petition is allowed. The impugned order dated 15.11.2024 at Annexure-C issued by the second respondent-the Joint Director, Department of Food, Civil Supplies and Consumer Affairs, Chitradurga District, is hereby quashed and set aside. The second respondent is hereby directed to reconsider the application of the petitioner having regard to the observations made by this Court and pass orders regarding transfer of the authorization for the period fixed in terms of the notification dated 16/01/2021. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KTY List No.: 1 Sl No.: 13