- 1 - NC: 2025:KHC-D:7238 WP No. 103360 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.103360 OF 2025 (GM-PDS) BETWEEN: ASHOK S/O RAMAPPA PATIL AGE. 40 YEARS, OCC. AGRICULTURE, R/O. HALLE MAASTIHOLI VILALGE, TQ. HUKKERI, DIST. BELAGAVI. …PETITIONER (BY SRI. GOODWALA SADIQALI NAZEER, 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., CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU-32. 3. THE DEPUTY DIRECTOR FOOD, CIVIL AND CONSUMER AFFAIRS DEPT., BELAGAVI, DIST. BELAGAVI-590017. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 25.04.2025 ISSUED BY RESPONDENT NO.3 NO. APUVI/NIYABEAM/VINIDHI-50/2024-25 VIDE ANNEXURE-C & ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.05 15:08:38 +0530 - 2 - NC: 2025:KHC-D:7238 WP No. 103360 of 2025 ORAL ORDER Learned AGA accepts notice for the respondents. 2. Learned AGA fairly concedes that issue involved in the captioned petition is squarely covered by catena of judgments rendered by this court. 3. This captioned petition is filed assailing the endorsement dated 25.04.2025 issued by respondent No.3 as per Annexure-C. 4. Heard the learned counsel for the petitioner and learned AGA for the respondents. 5. Petitioner’s father was the original licence holder in whose name the respondent-authorities have issued licence to run the fair price shop, which was renewed from time to time. Petitioner has furnished a copy of the licence which is evidenced at Annexure-A. Petitioner’s father expired on 28.06.2024 and petitioner being the Class-I heir submitted a representation seeking transfer of licence of fair price shop on compassionate - 3 - NC: 2025:KHC-D:7238 WP No. 103360 of 2025 ground. The said representation is dealt and rejected by respondent No.3 on the premise that petitioner’s father was aged above 65 years and therefore, there is no provision to transfer the licence of fair price shop on compassionate ground. 6. Learned counsel for the petitioner has furnished copy of the judgment rendered by Co-ordinate Bench of this court which has dealt with this issue in an identical case. 7. Upon a careful examination of the findings recorded by a Co-ordinate Bench of this Court in a factually and legally identical matter in W.P. No. 107010/2024, this Court finds that the impugned endorsement issued by the competent authority is legally unsustainable and runs contrary to the express provisions of the Karnataka Essential Commodities Licensing Order, 1986 (hereinafter referred to as the Licensing Order, 1986) as well as the Karnataka Essential Commodities (Public Distribution System) Control - 4 - NC: 2025:KHC-D:7238 WP No. 103360 of 2025 Order, 1992 (hereinafter referred to as the Control Order, 1992). 8. The Licensing Order, 1986, which governs the grant, renewal, suspension, cancellation, and transfer of licenses for the distribution of essential commodities, does not prescribe the age of the original license holder as a disqualifying criterion for the transfer of license. The Licensing Order, mandates that any request for transfer shall be considered on merits, subject to satisfaction of eligibility criteria, and shall not be rejected merely on the basis of the age of the license holder or applicant. 9. Similarly, the Control Order, 1992, framed under the Essential Commodities Act, 1955, lays down the responsibilities and obligations of fair price shop dealers and the criteria for the selection and continuation of such dealers. Clause 5 of the Control Order provides for the eligibility for appointment of fair price shop dealers and clearly envisages the right of legal heirs to seek transfer of dealership subject to compliance with prescribed - 5 - NC: 2025:KHC-D:7238 WP No. 103360 of 2025 conditions. It does not contemplate arbitrary denial on irrelevant considerations such as the advanced age of the deceased license holder. 10. In a catena of decisions, this Court has consistently held that the age of the original license holder cannot be treated as a determinative factor while considering the application for transfer of a fair price shop license in favour of a Class-I legal heir, provided the heir fulfills the other eligibility requirements laid down under law. 11. Therefore, in the present case, the endorsement issued by the respondent authority, which rejects the request for transfer solely or primarily on the ground of the original license holder’s age, is ex facie contrary to the Licensing Order, 1986 and the Control Order, 1992. It is therefore liable to be quashed as being arbitrary, illegal, and without jurisdiction. 12. For the forgoing reasons, this court passes the following; - 6 - NC: 2025:KHC-D:7238 WP No. 103360 of 2025 ORDER i) The writ petition is allowed. ii) The impugned endorsement dated 25.04.2025 as per Annexure-C is hereby quashed. iii) The writ of mandamus is issued directing respondent No.3 to transfer the licence of the fair price shop in favour of the petitioner within a period of eight weeks from the date of receipt of copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 31