- 1 - HC-KAR NC: 2025:KHC-D:8683 WP No. 104531 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104531 OF 2025 (GM-PDS) BETWEEN: SRI. S. SURESHGOUDA S/O. S. SHANTANAGOUDA, AGE: 47 YEARS, OCC: AGRICULTURIST, R/O. BAZAR STEET, GOUDAR ONI, NO.44, PO. GENIKEHALU, KURUGODU TALUK, DIST: BALLARI-583116. …PETITIONER (BY SRI. GODE NAGARAJA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, M.S. BUILDING, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, FOOD CIVIL SUPPLIES DEPARTMENT, BALLARI TALUK, BALLARI DISTRICT-583101. 3. THE DEPUTY DIRECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BALLARI, TQ: AND DIST: BALLARI-583101. 4. THE TAHSHILDAR, BALLARI TALUK, DIST: BALLARI-583101. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 12/06/2025, ISSUED BY THE 3RD RESPONDENT ON HIS VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8683 WP No. 104531 of 2025 FILE NO.SUM/ANASA-8/NYABAUM/ANU/1/2025-26, VIDE ANNEXURE-M. B. ISSUE AN ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 4 TO TRANSFER THE AUTHORIZATION IN DISTRIBUTION OF ESSENTIAL COMMODITIES (LICENSE) IN FAVOUR OF THE PETITIONER HEREIN FROM THE LICENSE HOLDER I.E. THE FATHER OF THE PETITIONER S SHANTANGOUDA VIDE ANNEXURE-C REQUEST LETTER ON COMPASSIONATE GROUNDS AND ETC. THIS WRIT 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 respondents. 3. Petitioner is the son of the original licence holder, S.Shantanagouda. The licence was renewed from time to time. The father of the petitioner unfortunately passed away on 10.02.2025. After the death of original licence holder, petitioner made a request to the authorities to transfer the licence in his name. Representation came - 3 - HC-KAR NC: 2025:KHC-D:8683 WP No. 104531 of 2025 to be filed on 08.05.2025. Respondent No.3, 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:8683 WP No. 104531 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 12.06.2025 issued by respondent No.3 at Annexure-M is quashed. iii. A writ of mandamus is issued directing respondent No.3 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:8683 WP No. 104531 of 2025 of four weeks from the date of receipt of copy of the order, if already not allotted to any third party. Sd/- (PRADEEP SINGH YERUR) JUDGE RHR/- CT-MCK List No.: 1 Sl No.: 48