- 1 - HC-KAR NC: 2025:KHC:52135 WP No. 36802 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36802 OF 2025 (GM-PDS) BETWEEN: MR MANSOOR AHMED S/O LATE K MAHAMED, AGED ABOUT 40 YEARS, R/AT NO 3-112, SHAHNAZ MANZIL, KUTUR PADAV, MUNNUR, MANGALORE, D.K DISTRICT-575017 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER (FOOD), DAKSHINA KANNADA, MANGALURU TALUK, MANGALURU- 575017. 3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, DAKSHINA KANNADA, MANGALURU TALUK, MANGALURU D.K DISTRICT-575017. 4. THE TAHSILDAR, DAKSHINA KANNADA, MANGALURU TALUK, MANGALURU- 575017. …RESPONDENTS (BY SMT.K.P.YASHODA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52135 WP No. 36802 of 2025 QUASHING THE ENDORSEMENT ANNEXURE A BEARING NO.DDR(1)/CR/88/2021-22 DATED 07.04.2025 ISSUED BY THE JOINT DIRECTOR/3RD RESPONDENT AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue writ of certiorari or any other appropriate writ or direction quashing the endorsement annexure a bearing No.DDR(1)/CR/88/2021-22 dated 07.04.2025 issued by the joint director/3rd respondent. b. Issue a writ of mandamus directing the 3rd respondent to freshly consider the application for transfer of authorization of the petitioner dated 23/01/2025 at Annexure H, in terms of the order dated 14/09/2021 passed by this Honble court in W.P No.13559/2020 at annexure e forthwith. c. Issue such other relief/s as it deems fit to grant in favour of the petitioner by this Honble court in view of the facts and circumstances of the cases, in the interest of justice. 3. The father of the Petitioner was granted authorisation to run a Public Distribution Shop No.30 of Mannuru Village, Mangaluru Taluk, Mangaluru. Unfortunately, the father expired on 17.01.2022. The Petitioner, - 3 - HC-KAR NC: 2025:KHC:52135 WP No. 36802 of 2025 having made an application for transfer of the authorisation on a compassionate basis, the same came to be rejected by the respondents on the ground that the father of the Petitioner at the time of his expiry had crossed the age of 65 years, and as such, the said application cannot be considered. 4. This Court in a catena of matters has categorically held that it is the age of the transferee which is required to be considered and not the age of the transferor, more so when the transferor has expired. 5. The Petitioner, being less than 65 years of age and satisfying all other requirements, the Respondents could not have refused to transfer the authorisation on a compassionate basis. As such, I pass the following: ORDER i) Writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC:52135 WP No. 36802 of 2025 ii) A certiorari is issued, the endorsement bearing No.DDR(1)/CR/88/2021-22 dated 07.04.2025 issued by the Joint Director/Respondent No.3 at Annexure-A, is hereby quashed. iii) Respondent No.3/Joint Director, is directed to consider the application of the Petitioner in terms of the above observation and, if the Petitioner were to satisfy other requirements to transfer the authorisation in favour of the Petitioner within a period of six weeks from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 23