- 1 - HC-KAR NC: 2025:KHC:30467 WP No. 14032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14032 OF 2025 (GM-PDS) BETWEEN: A S SHOUKATH ALI S/O S S AHMED SHARIFF, AGED ABOUT 53 YEARS, R/AT NO. 780, S N M SCHOOL ROAD, ANDERSHONPET K G F, OPP NOORI, SCHOOL BANGARPET, KOLAR, KARNATAKA - 563113 …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD CIVIL SUPPLIES CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER (FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SECTION) 2ND FLOOR, MINI VIDHANA SOUDHA, KOLAR DISTRICT, KARNATAKA - 563 101. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30467 WP No. 14032 of 2025 3. THE JOINT DIRECTOR (FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SECTION) 2ND FLOOR, MINI VIDHANA SOUDHA, KOLAR DISTRICT, KARNATAKA 563101. 4. THE DEPUTY DIRECTOR DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SECTION 2ND FLOOR, MINI VIDHANA SOUDHA, KOLAR DISTRICT, KARNATAKA 563101. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE MANDAMUS TO R-1 TO 4 TO GRANT AUTHORIZATION ACCORDING TO KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) CONTROL ORDER, 1992 IN ACCORDANCE WITH LAW, AND QUASH OR SET ASIDE THE ENDORSEMENT BEARING NO. DRA(2)/CR/36/2024-25 ISSUED BY THE R-4 WHICH IS PRODUCED AS ANNX-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30467 WP No. 14032 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner’s father was issued with authorization to run a fair price depot in Andersonpet KGF, Kolar. The petitioner’s father has died on. 25.09.2024, and the petitioner has filed an application for transfer of authorization in his favour on compassionate grounds. The petitioner is aged 53 years. The Deputy Director, Department of Food Civil Supplies, Consumer Affairs Section, Kolar has rejected the application essentially stating that because the petitioner is aged 52 years, the transfer of authorization cannot be granted. However, it remains salient that this Court has been repeatedly reiterating that transfer of authorization on compassionate grounds must not be refused either on the ground of educational qualification or age, and as such, there must be - 4 - HC-KAR NC: 2025:KHC:30467 WP No. 14032 of 2025 interference. Further, this Court must observe that it is repeatedly stated before this Court that despite this Court's directions the authorization is not transferred awaiting orders from the Senior Officers. Hence, the following: ORDER [A] The petition is allowed quashing the fourth respondent's order dated 04.03.2025 directing the fourth respondent to issue appropriate orders for transfer of authorization in favour of the petitioner within a period of four [4] weeks without awaiting orders from others. [B] The petitioner is reserved with liberty to file a certified copy of this order within four weeks. SD/- (B M SHYAM PRASAD) JUDGE SA List No.: 2 Sl No.: 8