- 1 - HC-KAR NC: 2025:KHC-D:7497 WP No. 103513 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103513 OF 2025 (GM-PDS) BETWEEN: SMT. PADMAVATHI W/O. LATE VENKAPPA BANGI, AGE ABOUT 37 YEARS, OCC: NIL, R/O. BENAKANAL VILLAGE, TQ: KUSHTAGI, DISTRICT: KOPPAL-583277. …PETITIONER (BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLY, CONSUMER AFFAIRS LEGAL METROLOGY DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT-583232. 3. THE JOINT DIRECTOR, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, KOPPAL DISTRICT-583232. 4. THE DEPUTY DIRECTOR, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, KOPPAL DISTRICT-583232. 5. THE TAHSILDAR, TQ: KUSHTAGI, DISTRICT: KOPPAL-583277. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7497 WP No. 103513 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE RESPONDENT NO.4 BEARING NO. ¸ÀA:D£Á¸À/¹Dgï-1/2025-26 DATED 05.05.2025 PRODUCED AT ANNEXURE-D AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner. 2. Learned AGA is directed to take notice for the respondent Nos.1 to 5. 3. Petitioner is the wife of the original licence holder, Venkappa Bangi. The licence was renewed from time to time and it was valid till 31.12.2027. After the death of original licence holder, petitioner made a request application along with necessary documents on 15.04.2025 to the authorities to transfer the licence in her name. 4. Petitioner’s husband was authorised and licenced to distribute essential commodities at the fair - 3 - HC-KAR NC: 2025:KHC-D:7497 WP No. 103513 of 2025 price shop at Benakanal village, Kushtagi taluk from the year 2004. The petitioner’s husband died on 24.02.2025. Hence, the petitioner submitted an application dated 15.04.2025 to the respondents requesting for transfer of authorisation and requested to issue licence in her favour. Respondent No.4 without considering the provisions of the Karnataka Essential Commodities Licensing Order, 1986 and Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 and several orders passed by this Court, rejected the request on the ground that the petitioner has not completed SSLC and not produced income certificate as per Clause 13 of the Control Order. 5. Learned counsel for the petitioner relies on similar orders in similar situation passed by this Court in W.P.No.103733/2024, W.P.No.100048/2024 and in W.P.No.13559/2020 and connected matters. It is relevant to mention that in several writ petitions, this Court has already decided that age and passing SSLC shall not be a bar for transfer of licence on compassionate - 4 - HC-KAR NC: 2025:KHC-D:7497 WP No. 103513 of 2025 ground. Under the circumstances, the petitioner would be entitled to favourable order. 6. Learned AGA representing the State sustains the order passed by the authority and submits that in the alternative if this Court were to agree to the contention of the petitioner, the application so made, would be considered, in accordance with law. 7. Placing the submission on record, I pass the following: ORDER i. Petition is allowed. ii. A writ of certiorari is issued. The impugned endorsement dated 05.05.2025 bearing No.SUM/ANASA/CR-1/../2025-26 issued by respondent No.4 vide Annexure-D is hereby quashed. iii. A writ of mandamus is issued directing the respondent No.4 to consider the representation/ - 5 - HC-KAR NC: 2025:KHC-D:7497 WP No. 103513 of 2025 application of the petitioner on compassionate ground by showing leniency without applying restrictions as contemplated under the Control Order 2016. The said application shall be considered in a time bound manner not later than eight weeks from the date of receipt of copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE kgk List No.: 1 Sl No.: 49