- 1 - HC-KAR NC: 2025:KHC-D:9783 WP No. 105166 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105166 OF 2025 (GM-PDS) BETWEEN: SUNIL S. SOGI S/O. SRIDHARA SOGI AGE: 49 YEARS, R.AT 976, SOGI ONI, BYADAGI, HAVERI – 581 106. …PETITIONER (BY SRI. S.H.MITTALKOD, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKASA SOUDHA , BANGALORE 560 001. 2. DEPUTY DIRECTOR, DEPUTY COMMISSIONER’S OFFICE, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS JILLA ADALITHA BHAVANA, DEVAGIRI HAVERI – 581 110. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT PRODUCED AT ANNEXURE-A ISSUED BY RESPONDENT NO.2 BEARING NO.AANASA/RAA.BE.NYA.BE AM/33/2025-26 DATED 23.05.2025 REJECTING THE APPLICATION OF THE PETITIONER IN THE INTEREST OF JUSTICE AND ETC. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9783 WP No. 105166 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari quashing the endorsement produced at Annexure-A issued by R2 bearing No. AANASA/RAA.BE.NYA.BE AM/33/2025-26 dated 23.05.2025 rejecting the application of the petitioner in the interest of justice. ii. Issue a writ of mandamus to R2 to transfer the license of fair price shop in favor of petitioner on the compassionate grounds. 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. 3. The petitioner's mother was running a Fair Price Shop under licence No.5/2003 at Gadgi, Haveri. The said - 3 - HC-KAR NC: 2025:KHC-D:9783 WP No. 105166 of 2025 mother expired on 6-12-2024, and the petitioner made an application for transfer of the authorisation on a compassionate basis. The said request of the petitioner was rejected on the ground that the mother of the petitioner was more than 65 years as on the date of her expiry, and as such, the question of transferring the authorisation in favour of the petitioner in such a situation would not arise. 4. The other reason given is that the petitioner’s age was more than 30 years of age, since the petitioner is aged 49 years. 5. This court in a catena of decisions has upheld the right for compassionate transfer of authorisation despite the original licensee having crossed the age of 65 years, as also of the transferee being over the age of 30 years in view of the amendment which is now being made to Rule 13 of the Karnataka Essential Commodities Licensing Order, 1986, the petitioner would be entitled to compassionate - 4 - HC-KAR NC: 2025:KHC-D:9783 WP No. 105166 of 2025 transfer of the authorisation for atleast two terms of the licence. 6. In that view of the matter I pass the following: ORDER i. The petition is allowed. ii. A certiorari is issued, the endorsement dated 23.05.2025 rejecting the application of petitioner is quashed. iii. A mandamus is issued directing respondent No.2 to transfer the licence of fair price shop in favour of the petitioner on compassionate grounds within a period of four weeks from the date of receipt of a copy of this order in terms of Rule 13 of the Karnataka Essential Commodities Licensing Order, 1986. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 70