- 1 - HC-KAR NC: 2025:KHC:25283 WP No. 1671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1671 OF 2025 (GM-PDS) BETWEEN: 1. SRI VISHAL V RANASHINGE S/O LATE VENKATESH S RANASINGHE AGED ABOUT 37 YEARS, R/AT NO.81 5TH CROSS, RAMADAS LAYOUT, JAVAREGOWDA NAGAR, R R NAGAR, BANGALORE-560 098 … PETITIONER (BY SRI. NAGARAJA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETARY FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 2. THE JOINT DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT SOUTH RANGE, BANGALORE-560 018 … RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25283 WP No. 1671 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD. 13.01.2025 MADE IN NO. U NI(KE)DRA/CR/43/2016-17 PASSED BY THE R-2 PRODUCED ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the validity of the endorsement issued by respondent No.2 at Annexure-E dated 13.01.2025. 2. In terms of the said endorsement, the Authority has rejected the request for transfer of authorisation on two grounds. The first ground is that the petitioner's father was aged 69 years at the time of his death and in terms of Clause 13 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, the petitioner's father ought to have been below 65 years of age. The second ground on which the request for transfer of authorisation was rejected, was that the petitioner did not - 3 - HC-KAR NC: 2025:KHC:25283 WP No. 1671 of 2025 have requisite qualification of having passed 10th Standard. 3. Perused the order passed in W.P.No.765/2024 and connected matters dated 31.08.2024 and the relevant paragraphs are extracted herein below: "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. 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 - 4 - HC-KAR NC: 2025:KHC:25283 WP No. 1671 of 2025 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." 4. In light of the assertion of the petitioner that petitioner's father was the holder of authorisation under the Food Control Order of 1992, insistence of requirement under the amended Clause 13 of Food Control Order of 2016 does not arise. 5. In light of the discussion made supra, the endorsement at Annexure-E is set aside. Respondent no.2 to pass orders and grant authorisation if other guidelines are met, within a period of six weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE VP