- 1 - HC-KAR NC: 2025:KHC-D:9367 WP No. 105153 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105153 OF 2025 (GM-PDS) BETWEEN: ISHWAR SANGAM S/O. LATE CHANDAPPA SANGAM, AGE: 65 YEARS, R/AT: NO. JAYANAGAR VIDYA NAGAR, HUBBALLI – 580 021. …PETITIONER (BY SRI. S. M. MITTALKOD, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 2. DEPUTY COMMISSIONER, UB HILLS ROAD, NEAR HINDI PRACHAR SABHA CIRCLE, MALMADDI, DHARWAD, KARNATAKA – 580 001. 3. JOINT DIRECTOR, FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS, DHARWAD – 580 001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, WHEREFORE, FOR THE REASONS STATED ABOVE, THE PETITIONER HUMBLY PRAY THAT THIS HON BLE COURT MAY BE PLEASED TO CALL FOR RECORDS AND PROCEEDINGS OF RESPONDENT NO.3 PERTAINING TO THIS CASE AND EXERCISE THE JURISDICTION UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA AND ISSUE. A WRIT OF CERTIORARI QUASHING THE ANNEXURE-A PASSED BY RESPONDENT NO.3 DATED 08.07.2025 BEARING NO.SA/SUP/DRA/C.R.38/2025-26 REJECTING THE APPLICATION OF THE PETITIONER IN THE INTEREST OF JUSTICE. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 TO TRANSFER THE LICENSE IN THE NAME OF THE PETITIONER ON THE COMPASSIONATE GROUNDS WITHOUT APPLYING THE RESTRICTIONS MENTIONED IN PROVISO TO CLAUSE 13 OF THE 2016 ORDER AND ETC., Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9367 WP No. 105153 of 2025 THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER : ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ of Certiorari quashing the Annexure-A passed by Respondent No.3 dated 08.07.2025 Bearing No. SA/ SUP/ DRA/ C.R.38/2025-26 rejecting the application of the petitioner in the interest of justice. II. Issue a writ of Mandamus directing Respondent no.3 to transfer the license in the name of the Petitioner on the compassionate grounds without applying the restrictions mentioned in proviso to clause 13 of the 2016 order. III. Issue any such other orders or directions as the Hon’ble court deems fit and proper in the nature and circumstances of the case in the interest of justice and equity. 2. The petitioner’s mother was running a fair price shop No.153 under authority No.41 at Hubli PDS area and his - 3 - HC-KAR NC: 2025:KHC-D:9367 WP No. 105153 of 2025 mother expired on 01.08.2018, and the said authorization remained valid only upto 31.12.2019. The petitioner submitted an application on 18.12.2024 seeking transfer of authorization on compassionate grounds. However, the application was rejected by the competent authority on the ground that the petitioner had crossed the prescribed upper age limit of 60 years as on the date of consideration. Being aggrieved by the same, the petitioner is before this Court challenging the rejection order passed by respondent No.3, dated 08.07.2025. 3. On perusal of the cause title and the verifying affidavit filed along with the writ petition, it is evident that the petitioner had attained the age of 65 years as on the date of filing the petition. In terms of the applicable rules, once an authorized dealer attains the age of 65 years, renewal of authorization is not permissible. Accordingly, the transfer of authorization on compassionate grounds to the petitioner, who has already crossed the age of 65 years, is also impermissible and cannot be sustained. - 4 - HC-KAR NC: 2025:KHC-D:9367 WP No. 105153 of 2025 4. In view of the above discussion, this Court finds no ground for interference with the impugned order. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT-ASC List No.: 1 Sl No.: 74