- 1 - HC-KAR NC: 2025:KHC-D:10949 WP No. 105095 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105095 OF 2025 (GM-PDS) BETWEEN: SOMESHWARAYYA SANSTANMATH S/O. LATE PARAMESHWARAYYA SANSTANMATH, AGE. 39 YEARS, R/AT NO.21/22, GANESH PETH, HDMC QUARTERS, HUBBALLI-580020 …PETITIONER (BY SRI. S.H. MITTALKOD., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA R/BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001 2. DEPUTY COMMISSIONER, UB HILLS ROAD, NEAR HINDI PRACHAR SABHA CIRCLE, MALMADDI, DHARWAD, KARNATAKA-580001 3. JOINT DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DHARWAD-580001 …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 TO R3) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10949 WP No. 105095 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ANNEXURE-A PASSED RESPONDENT NO.3 DATED 08.07.2025 BEARING NO.SAM/SUP/DRA/CR.7/2025-26 REJECTING THE APPLICATION OF THE PETITIONER IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT 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. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari quashing the Annexure-A passed by R3 dated 08.07.2025 bearing No. Sam/Sup/Dra/CR.7/2025-26 rejecting the application of the petitioner in the interest of justice. ii. Issue a writ of mandamus to R3 to consider the application of this petitioner Annexure-D dated 15.4.2025 on the compassionate grounds without applying the restrictions mentioned in proviso to clause 13 of the 2016 order. 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 - HC-KAR NC: 2025:KHC-D:10949 WP No. 105095 of 2025 2. The father of the petitioner had been granted authorization to run a fair price shop No.28 and authority No.172 PDS area, which authorisation is valid till 31.12.2026. The petitioner’s father expired on 6.04.2025, as such, the petitioner made an application on 15.04.2025 for transfer of the said license. The application of the petitioner was rejected on the ground that petitioner’s father had crossed 65 years of age as on the date of expiry and no transfer could be made on compassionate basis. 3. This aspect is no longer resintegra, this court vide order dated 17.10.2022 passed in WP No. 104186/2022 has held that the age of the father/licensee would not be relevant for the purpose of consideration of transfer of licence on compassionate basis. 4. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:10949 WP No. 105095 of 2025 ORDER i. The petition is allowed. A certiorari is issued. Order passed by respondent No.3 dated 8.07.2025 at Annexure-A is quashed. ii. A mandamus is issued directing respondent No.3 to consider the application of the petitioner dated 15.04.2025 at Annexure-D without reference to the age of the father of the petitioner and if all other conditions are satisfied to transfer the authorization in favour of the petitioner within a period of eight weeks from date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 62