- 1 - HC-KAR NC: 2025:KHC:47397 WP No. 1423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1423 OF 2025 (GM-PDS) BETWEEN: 1. SRI.NAGARAJA H.C S/O CHANDRAPPA.H AGED ABOUT 36 YEARS R/O BANNIKODU VILLAGE AND POST HARIHARA TALUK DAVANAGERE DISTRICT-577 516. …PETITIONER (BY SRI. VIRUPAKSHAIAH P H., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS M S BUILDING, BANGALORE 560 001. 2. THE COMMISSIONER FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS CUNNINGHAM ROAD BANGALORE 560 052. 3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 001. 4. THE JOINT DIRECTOR DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DAVANAGERE DISTRICT DAVANAGERE-577 001. …RESPONDENTS (BY SRI.SIDARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47397 WP No. 1423 of 2025 IMPUGNED ENDORSEMENT BEARING NO. AANASA.03.PRA.NO. 83/98-99 DATED:08/01/2025 ISSUED BY THE R4 AUTHORITY VIDE ANNEXURE-K HOLDING THE SAME IS ILLEGAL AND WITHOUT APPLICABLE OF MIND AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this court seeking for the following reliefs; a) Issue Writ in the nature of Certiorari or any other Writ, order or Direction in the similar nature quashing the impugned endorsement bearing no. AaNaSa.03.Pra.no. 83/98-99 dated:08/01/2025 issued by the R4 authority vide annexure-k holding the same is illegal and without applicable of mind and etc. b) Issue Writ in the nature of Mandamus or any other Writ or Directing the 3rd and 4th respondent authorities to consider the representation dated 03/01/2025 vide Annexure-j filed by the Petitioner for transfer of licence/ authorization bearing no. 83/1998-99 on compassionate grounds; c) Grant such other relief or relief’s as this Court deems fit to grant in the facts and circumstance of the case in the interest of justice and equity. 2. The Petitioner's father was running a fair price shop in terms of a license and authorisation issued under the Karnataka Essential Commodities Public Distribution - 3 - HC-KAR NC: 2025:KHC:47397 WP No. 1423 of 2025 System (Control) Order, 1992. The said license was valid till 10.02.2028. Unfortunately, the Petitioner's father expired on 05.12.2024, leaving behind his wife and his son, the Petitioner herein and certain other family members. 3. The Petitioner with the consent of the other family members, made an application for the transfer of the license which was existing in the name of his father, to him, which came to be rejected on the ground that the father of the Petitioner at the time of his death was aged about 69 years, which is more than the permissible age under Clause 13 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 1992. It is in that background that the Petitioner is before this Court seeking for the aforesaid reliefs. 4. This Court in a catena of decisions has held that it is the age of the transferee which is required to be considered and not the age of the license holder who has expired which is required to be considered for the purpose of transfer on a compassionate basis. - 4 - HC-KAR NC: 2025:KHC:47397 WP No. 1423 of 2025 5. In the present case the Petitioner being 36 years old as on the date on which the petition has been filed, is within the permissible limit, and as such, the Respondents could not have denied the transfer on a compassionate basis. 6. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. A certiorari is issued, the impugned endorsement dated 08.01.2025 issued by Respondent No.4- Authority vide Annexure-K, is quashed. iii. A mandamus is issued, directing Respondent Nos.3 and 4-Authorities to consider the representation of the Petitioner dated 03.01.2025 beyond the age of the father and pass necessary orders within 30 days from the date of receipt of a certified copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 44