- 1 - HC-KAR NC: 2025:KHC-D:17902 WP No. 107139 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107139 OF 2025 (GM-PDS) BETWEEN: SMT SHAKUNTALA W/O. LATE NARAYAN RAO, AGE: 69 YEARS R/O: BEVINAHAL, TQ; KARATAGI, DIST: KOPPAL 583 229. … PETITIONER (BY SRI. RANJITA G. ALAGAWADI, ADVOCATE) AND: 1. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE -01. 2. THE DEPUTY COMMISSIONER, FOOD AND CIVIL SUPPLIES, KOPPAL DISTRICT, KOPPAL – 583 231. 3. DEPUTY DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, KOPPAL DISTRICT, KOPPAL 583231. 4. THE TASHILDAR, KARATAGI, TQ KARATAGI, DIST: KOPPAL - 583 229. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE, QUASHING THE IMPUGNED ENDORSEMENT DTD. 05-7-2025 MADE IN NO. ANASA/CR-1/03/2025-26 ISSUED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE- D AS THE SAME BEING ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW. II. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION DTD. 14-8-2025 PRODUCED AT ANNEXURE-E AND GRANT/TRANSFER THE AUTHORIZATION OF FAIR SHOP TO THE PETITIONER IN ACCORDANCE WITH LAW AND ETC., RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.12.11 16:39:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17902 WP No. 107139 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: “A. Issue a writ of certiorari or any other writ or order in the like nature, quashing the impugned endorsement dated 05.07.2025 made in no. ANASA/CR-1/03/2025-26 issued by the 3rd respondent produced at Annexure- D as the same being arbitrary, illegal and not sustainable in law. B. Issue a writ of mandamus or any other writ or order in the like nature directing the respondent authorities to consider the representation dated 14.08.2025 produced at Annexure-E and grant/transfer the authorization of fair shop to the petitioner in accordance with law. C. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity.” 2. Heard Smt. Ranjita G.Alagawadi, learned counsel appearing for the petitioner and Shri T.Hanumareddy, learned AGA appearing for respondents. 3. Learned counsel for the petitioner submits that the issue in the lis stands answered by plethora of judgments rendered by this Court and the Co-ordinate Bench, two of which are appended to this petition. The Coordinate Bench in W.P. - 3 - HC-KAR NC: 2025:KHC-D:17902 WP No. 107139 of 2025 No.765 of 2024, disposed on 31st August 2024 has held as under: “In all these petitions, the petitioners, who are the sons, spouse, and both married and unmarried daughters of the deceased dealers, seek the transfer of authorization to operate fair price shops under the Public Distribution System (Control Order, 1992) on compassionate grounds. The deceased dealers had been granted authorization during their lifetime, and upon their passing, the petitioners submitted applications requesting the transfer of the said authorization. 2. The petitioners' applications were rejected on the grounds that married daughters are not entitled to the transfer of authorization on compassionate grounds, they did not meet the requisite qualifications, and the age of the deceased license holders at the time of death exceeded 65 years. 3. The learned counsels for the petitioners contended that the original authorization was granted under the Control Orders of 1986 and 1992, and as per the provisions of unamended Clause 13, there was no restriction on the transfer of authorization on compassionate grounds. The petitioners argued that the amended Control Orders of 2016, 2017, and 2021 are not applicable to authorizations granted under the unamended orders. Furthermore, the petitioners contended that married daughters are equally entitled to the transfer of authorization on compassionate grounds, citing the decision of a Co-ordinate Bench of this Court in W.P. No. 51361/2019. 4. On the contrary, the learned counsel for the respondents, along with the learned Additional Government Advocate (AGA) representing the State, argued that the amended Clause 13 of the Control Orders of 2016, 2017, and 2021 explicitly prohibits the transfer of authorization on compassionate grounds if the authorized dealer dies after reaching the age of 65 years or if the transferee does not possess the prescribed qualifications. They relied on the decision of a Co-ordinate Bench of this Court in W.P. No. 13559/2020 and connected petitions, which were disposed of on 23.12.2021, to support their position. 5. After carefully considering the arguments put - 4 - HC-KAR NC: 2025:KHC-D:17902 WP No. 107139 of 2025 forth by the learned counsels for the parties, the key point for deliberation is whether the petitioners are entitled to the transfer of authorization to run fair price shops on compassionate grounds. 6. Clause 13 of the unamended Public Distribution System (Control Order, 1992) dealt with the prohibition of the transfer of authorization. It states that no authorized dealer shall assign or transfer their authorization to any other person, nor shall any person carry on business on behalf of such an authorized dealer. However, a proviso to Clause 13 allows for the transfer of authorization in the event of the death of an authorized dealer, with prior approval of the Government, to the spouse, son, or unmarried daughter of the deceased. 7. Subsequent amendments to Clause 13, made in 2016, 2017, and 2021, introduced restrictions on the transfer of authorization on compassionate grounds. The amended provisions prohibit such transfers if the authorized dealer was over the age of 65 at the time of death or if the transferee had not completed the 10th standard and did not apply for the transfer within 90 days of the death. 8. A Co-ordinate Bench of this Court, in W.P. No. 13559/2022, upheld the validity of the amended proviso to Clause 13, but it was dealing with a challenge related to the renewal of authorization on compassionate grounds. In W.P. No. 55097/2017, disposed of on 11.12.2017, this Court held that the condition regarding the age limit imposed in the amended Clause 13 was not sustainable. The decision in W.P. No. 204335/2014, which was followed in W.P. No. 43249/2017, ruled similarly. Furthermore, in W.P. No. 103408/2023, disposed of on 12.06.2023, this Court reiterated that the restrictions introduced in the Control Orders of 2016, 2017, and 2021 were prospective in nature and could not be applied retrospectively to authorizations granted under the unamended Control Order of 1992. Therefore, these restrictions are only applicable to applicants seeking fresh authorizations and not to existing authorized dealers or their legal heirs. 9. In W.P. No. 51361/2019, the Co-ordinate Bench of this Court addressed the issue of whether married daughters are entitled to the transfer of authorization. In paragraph 3, it was held that the Control Orders of 2016 and 2021, which provide for the transfer of authorization to unmarried daughters or widowed daughters with no source - 5 - HC-KAR NC: 2025:KHC-D:17902 WP No. 107139 of 2025 of income, cannot discriminate against married daughters solely on the basis of their marital status, provided they have no independent source of income. Such discrimination violates Articles 14 and 15 of the Constitution of India, which guarantee equality before the law and prohibit discrimination on the grounds of sex. This view is supported by the decision in *Bhuvaneshwari*, where the Court held that the principle of equality extends to matters of compassionate appointments as well. The Supreme Court also affirmed this view in S.L.P. (C) No. 20166/2021, disposed of on 17.12.2021. 10. The decision of the Co-ordinate Bench clearly establishes that there can be no discrimination between married and unmarried daughters when it comes to the transfer of authorization on compassionate grounds. Discriminating against daughters based solely on their marital status violates the principles of equality enshrined in Articles 14 and 15 of the Constitution of India. 11. In light of the foregoing, it is evident that the spouse, sons, adopted sons, and both married and unmarried daughters of deceased authorized dealers, who have attained the age of 18 years, are entitled to the transfer of authorization on compassionate grounds. Denial of such transfers on the grounds of marriage or other arbitrary criteria is discriminatory and unsustainable in law. Accordingly, I pass the following: ORDER i. The writ petitions are allowed. ii. The impugned endorsements dated 17.11.2023, 06.06.2020, 05.03.2022, 23.11.2023, 25.11.2022, 03.11.2023, 28.11.2023, 21.11.2023, 22.12.2023, 19.12.2023, 21.12.2023, 15.12.2023, 06.01.2024, 18.02.2017, 12.02.2024, 01.02.2024, 19.02.2024, 27.02.2023, 18.03.2024, 27.05.2024, 09.07.2024 and 10.06.2024 in W.P. Nos.765/2024, 8370/2020, 7349/2022, 27695/2023, 24641/2022, 25399/2023, 28018/2023, 28312/2023, 688/2024, 729/2024, 766/2024, 961/2024, 2283/2024, 2608/2024, 6251/2024, 6457/2024, 7913/2024, 9669/2024, 10279/2024, - 6 - HC-KAR NC: 2025:KHC-D:17902 WP No. 107139 of 2025 15907/2024, 18913/2024 and 19842/2024 issued by the Deputy/Joint Director, Department of food, civil supplies and consumer affairs are quashed. iii. The respondents are hereby directed to reconsider the applications submitted by the petitioners afresh keeping in mind the observations made herein above, subject to satisfying other requirements of existing control order. iv. The said exercise shall be completed within three months from the date of receipt of certified copy of this order.” 4. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. 5. The petitioner would be entitled for a transfer only if the licence is not granted to any other person as on today. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 191