- 1 - HC-KAR NC: 2025:KHC-D:17259-DB WA No. 100595 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100595 OF 2024 (GM-PDS) BETWEEN: SANJAY S/O. VASUDEV PATIL @ GAVADE AGE. 40 YEARS, OCC. AGRICULTURE, R/O. CHIKHALE VILLAGE, POST. KANAKUMBI, TQ. KHANAPUR, DIST. BELAGAVI-590014. …APPELLANT (BY SRI. VIJAYAKUMAR BHIMAKKANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, AND LEGAL METROLOGY, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMISSIONER /DIRECTOR FOR FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BENGALURU-560052. 3. THE DEPUTY COMMISSIONER, BELAGAVI, EX-OFFICIO AUTHORITY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, BELAGAVI, DIST. BELAGAVI-590001. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 16:35:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17259-DB WA No. 100595 of 2024 4. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, OFFICE OF DEPUTY COMMISSIONER, BELAGAVI-590001. 5. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, OFFICE OF DEPUTY COMMISSIONER, BELAGAVI DIST. BELAGAVI-590001. 6. THE TAHASILDAR KHANAPUR TQ. KHANAPUR, DIST. BELAGAVI-590014. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO: 1. SET-ASIDE THE IMPUGNED ORDER DATED. 09-09-2024 IN WRIT PETITION NO.105287/2024 (GM-PDS) PASSED LEARNED SINGLE JUDGE IN DISMISSING THE WRIT PETITION FILED BY THE PETITIONER AND THEREBY QUASH THE IMPUGNED ORDER VIDE ANNEXURE-G BEARING NO.AAPOOVI/NYA.BE.AAM/VENEDI- 12/2024-25 DATED. 06-07-2024 PASSED BY THE RESPONDENT NO.4, IN REJECTING THE APPLICATION FILED BY THE PETITIONER FOR GRANT OF AUTHORIZATION ON COMPASSIONATE GROUNDS, BY ALLOWING THIS WRIT WRIT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. 2. DECLARE THAT SECOND PROVISO TO CLAUSE 13 OF KARNATAKA ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL)(AMENDMENT) ORDER 2021 AS PER - 3 - HC-KAR NC: 2025:KHC-D:17259-DB WA No. 100595 of 2024 GOVERNMENT NOTIFICATION BEARING NO.FCS/99/RPR/2019 (E-OFFICE) DATED. 16-01-2021 VIDE ANNEXURE-F IN SO FAR IT RELATES TO IMPOSING FINANCIAL RESTRICTION THAT THE APPLICANT/DEPENDANTS SHOULD HAVE NO OTHER SOURCE OF INCOME IN THE GOVERNMENT NOTIFICATION, IS NOT APPLICABLE TO THE CASE OF THE PETITIONER FOR GRANT OF AUTHORIZATION ON COMPASSIONATE BASIS. 3. ISSUE WRIT IN THE NATURE OF MANDAMUS, BY ISSUING APPROPRIATE DIRECTIONS TO THE RESPONDENTS NO.4 TO RE- CONSIDER THE APPLICATION DATED. 25-06-2024 VIDE ANNEXURE-D AND THEREBY FURTHER DIRECT THE RESPONDENT NO.4 THAT AFTER OBTAINING PRIOR APPROVAL OF RESPONDENT NO.2, THE FAIR PRICE SHOP LICENCE/AUTHORIZATION NO.SB/FPS/KNP/SR-16/2017-18 BE TRANSFERRED IN FAVOUR OF THE PETITIONER ON COMPASSIONATE GROUNDS, BY RELAXING THE CONDITIONS/RESTRICTIONS CONTAINED UNDER PROVISOS TO SECTION 13 OF THE KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) CONTROL ORDER, 2016 AS AMENDED VIDE KARNATAKA ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) (AMENDMENT) ORDER 2021 AS PER GOVERNMENT NOTIFICATION BEARING NO.FCS/99/RPR/2019 (E-OFFICE) DATED. 16-01-2021 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17259-DB WA No. 100595 of 2024 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned AGA accepts notice for respondent Nos.1 to 6. 2. Heard learned counsel Sri.Vijayakumar Bhimakkanavar, counsel for appellant and Sri.Sharad V. Magadum, learned AGA for respondents. 3. Learned counsel for the appellant would submit that the writ petitioner is before this Court questioning Order dated 09.09.2024 in WP No.105287/2024 where under the petitioner's request to quash Annexure-G- Endorsement, rejecting the request of the petitioner for issuance of authorization to run Fair Price Shop on the death of his father, on compassionate ground is rejected. 4. It is submitted that this Court has consistently held that the legal representatives of the deceased holder of - 5 - HC-KAR NC: 2025:KHC-D:17259-DB WA No. 100595 of 2024 license to run Fair Price Shop would be entitled for transfer of license on compassionate grounds. 5. Learned counsel for the appellant refers to various orders of this Court. 6. Learned AGA Sri.Sharad V. Magadum for respondents would submit that in terms of the amended Karnataka Essential Commodities Public Distribution System(Control)(Amendment) Order, 2021(for short ’Order 2021’), only transfer of authorization to run Fair Price Depot could be effected if in the event of death of the authorized dealer is below 65 years of age. In the instant case authorized licensee died at the age of 73 years. He submits that in terms of Clause-13 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016, the petitioner-appellant would not be entitled for transfer of authorization. Thus, he prays for dismissal of writ appeal. - 6 - HC-KAR NC: 2025:KHC-D:17259-DB WA No. 100595 of 2024 7. Having heard the learned counsel for the parties and on perusal of the appeal papers, the only point that would arise for consideration is “Whether impugned order passed by the learned single judge warrants interference at the hands of this Court?”. 8. Our answer to this point is in the Negative for the following reasons: The father of the petitioner was holding Fair Price shop license and he died at the age of 73 years. On his death the petitioner-appellant is said to have submitted application seeking transfer of the license on compassionate ground. However, the request of the petitioner is rejected vide Annexure-G dated 06.07.2024 on the ground that the deceased license holder age was more than 65 years. The Amended Order, 2021 makes it abundantly clear that authorized authority may order for transfer of Fair Price - 7 - HC-KAR NC: 2025:KHC-D:17259-DB WA No. 100595 of 2024 Shop license to any of the legal representatives of deceased authorization holder if he dies before 65 years of age. 9. In the instant case, the father of petitioner died at the age of 73 years. Hence, the petitioner would not be entitled for transfer of Fair Price Depot authorization in terms of Clause -13 of Order 2021. 10. The reliance placed by the learned counsel for the petitioner on the decisions of the learned single judge would have no application, since, those orders are passed prior to Amendment in the year 2021. 11. In the above circumstances, there is no merit in the writ appeal and accordingly writ appeal stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU LIST NO.: 1 SL NO.: 31