- 1 - HC-KAR NC: 2025:KHC-D:7694 WP No. 103766 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103766 OF 2025 (GM-PDS) BETWEEN: SRI. RAMESH S/O. SHARANAPPA LAKKALAKATTI, AGE: 35 YEARS, OCC: NIL, R/O. HABALAKATTI, TALUK: KUSTHAGI, DISTRICT: KOPPAL-584166. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, FOOD, CIVIL AND CONSUMER AFFAIRS DEPARTMENT, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU – 560032. 3. THE DEPUTY COMMISSIONER, FOOD, CIVIL AND CONSUMER AFFAIRS DEPARTMENT, KOPPAL, DISTRICT: KOPPAL-584101. 4. DEPUTY DIRECTOR, FOOD, CIVIL AND CONSUMER AFFAIRS DEPARTMENT, KOPPAL, DISTRICT: KOPPAL-584101. 5. THE TAHASILDAR, KUSTHAGI, TALUK: KUSTHAGI, DISTRICT: KOPPAL-584166. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7694 WP No. 103766 of 2025 A. A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 21.01.2025 ISSUED BY RESPONDENT NO.4 UNDER NO.AANAS/CR- 1/38/KOPPAL/CG/2024-25 VIDE ANNEXURE-K. B. A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENT NO.4 TO RECONSIDER THE CASE OF THE PETITIONER FOR TRANSFER OF AUTHORIZATION ON COMPASSIONATE GROUND IRRESPECTIVE OF CLAUSE 13 OF THE CONTROL ORDER IN THE LIGHT OF THE ORDER DATED 28-11-2022 PASSED IN WP NO.23227/2022 PASSED BY THIS HON’BLE COURT VIDE ANNEXURE-L AND ETC. THIS PETITION COMING ON FOR ORDERS 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 respondents. 3. Petitioner is the son of the original licence holder, Ningappa Talwar. The licence was renewed from time to time. The father of the petitioner Sharanapa Lakkalakatti died on 19.09.2024 due to ill-health. After the death of original licence holder, petitioner made a request to the authorities to transfer the licence in his - 3 - HC-KAR NC: 2025:KHC-D:7694 WP No. 103766 of 2025 name. Representation came to be filed on 28.11.2024. 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 application on the ground that the father of the petitioner is over-aged and as per caluse 13 of the Control Order, the petitioner is not eligible. 4. Learned counsel for the petitioner relies on 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 ground. Under the circumstances, the petitioner would be entitled to favourable order. 5. Learned AGA representing the State sustains - 4 - HC-KAR NC: 2025:KHC-D:7694 WP No. 103766 of 2025 the order passed by the authority and submits that in case this Court were to agree to the contention of the petitioner, the representation so made, will be considered in accordance with law. 6. Placing the submission on record, I pass the following: ORDER i. Petition is allowed. ii. The impugned endorsement dated 21.01.2025 issued by respondent No.4 at Annexure-K is quashed. iii. A writ of mandamus is issued directing respondent No.4 to transfer the licence in favour of the petitioner in accordance with the judgment in W.P.No.13559/2020 and connected matters, W.P.No.103733/2024 & W.P.No.100048/2024, within a period - 5 - HC-KAR NC: 2025:KHC-D:7694 WP No. 103766 of 2025 of six weeks from the date of receipt of copy of the order, if already not allotted to any third party. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 22