- 1 - HC-KAR NC: 2025:KHC-D:10247 WP No. 102445 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102445 OF 2025 (GM-PDS) BETWEEN: RAMNINGAPPA S/O LATE RAJENDRA TULSI AGE: 26 YEARS, OCC. AGRICULTURE, R/O. MUGALIHAL, TQ. KHANAPUR, DIST. BELAGAVI-591106. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPT., VASANTH NAGAR BENGALURU-01. 2. THE COMMISSIONER FOOD, CIVIL AND CONSUMER AFFAIRS DEPT., CUNNINGHAM ROAD, VASANTH NAGAR BENGALURU-32. 3. THE DEPUTY DIRECTOR FOOD CIVIL AND CONSUMER AFFAIRS DEPT., BELAGAVI, DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3) --- GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10247 WP No. 102445 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO (I) A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 10.02.2025 ISSUED BY RESPONDENT NO.3 IN NO.AAPUVI/NIYABEAM/VIVA-38/2018-19 VIDE ANNEXURE-B AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: (i) A writ in the nature of certiorari quashing the impugned endorsement dated 10.02.2025 issued by respondent no.3 in no. AAPUVI/NIYABEAM/VIVA-38/2018-19 vide Annexure-B. (ii) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 3. The petitioner is aggrieved by the non-transfer of the authorization in favour of the petitioner on compassionate basis post the expiry of his father, - 3 - HC-KAR NC: 2025:KHC-D:10247 WP No. 102445 of 2025 who died on 27.09.2024, and who was the original license holder, which license is in force till 31.03.2028. 4. The submission of Sri. Sadiq N. Goodwala, learned counsel for the petitioner, is that the rejection has been made only on the ground that the original licensee was aged more than 65 years. This Court, by order dated 27.11.2024 passed in W.P.No.107010/2024, has held that such a ground for rejection is not permissible, by relying on several other orders passed earlier. 5. In that view of the matter, I pass the following: ORDER i. The Writ Petition is allowed. ii. A certiorari is issued, the endorsement dated 10.02.2025 issued by respondent No.3, at Annexure-B, is quashed. - 4 - HC-KAR NC: 2025:KHC-D:10247 WP No. 102445 of 2025 iii. Respondent No.3 is directed to reconsider the application made by the petitioner for transfer of authorization, without referring to the age of the father of the petitioner, within a period of eight weeks from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 2