- 1 - HC-KAR NC: 2025:KHC:50747 WP No. 36065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36065 OF 2025 (GM-PDS) BETWEEN: T.M. PARMOD S/O LATE T.A.MARIGOWDA AGED ABOUT 43 YEARS THIRUMALAPURA, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434 …PETITIONER (BY SRI. KESHAVA CHANDRA S.P, ADVOCATE FOR SRI. SHIVARAMU H.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES MANDYA DISTRICT, MANDYA - 571 401. 3. COMMISSIONER OF FOOD AND CIVIL SUPPLIES, 5TH FLOOR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50747 WP No. 36065 of 2025 MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU - 560 052 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 06.11.2025 ISSUED BY RESPONDENT NO.2 IN NO.FOOD/FPD/CR/1/2025-26 AT ANNEXURE-A2 AND ETC., THIS 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 3. 2. Petitioner is before this Court seeking for the following reliefs: i. "To issue a Writ of Certiorari or similar writ or order or direction quash the endorsement dated 06.11.2025 issued by Responsent No.2 in No.Food/FPD/CR/1/2025-26 at Annexure-A2 ii. To issue a Writ of Mandamus to Respondent No.2 to transfer cr issue authorisation in favour of the petitioner forthwith in terms of order dated 13.12.2024 and 15.10.2025 passed in WP No.33154/2024 and WP No.28236/2025 respectively produced at Annexure- B and Annexure-B1. iii. To issue any other writ or order or direction to the Respondents deemed fit in the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:50747 WP No. 36065 of 2025 3. The petitioner's father was granted authorization in the year 1993-94 to supply essential commodities to the card holders and the provision of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, which came to be renewed from time to time and was valid till 23.01.2028. Unfortunately, the petitioner's father expired on 18.08.2025, leaving behind the petitioner's mother, two daughters, and two sons, including the petitioner. The mother and two sisters sought for transfer of the authorization on a compassionate basis. The said request came to be rejected by the respondent authorities on the ground that the father of the petitioner, as on the date of expiry, was aged more than 65 years and as such, the transfer could not be carried out. 4. This Court in a catena of decisions has categorically held that for the purpose of compassionate transfer, it is the age of the transferee which is required to be considered and not the age of the authorization holder. The petitioner being less than 65 years qualifies for the same, - 4 - HC-KAR NC: 2025:KHC:50747 WP No. 36065 of 2025 and as such, the same would have been considered in a proper perspective. It not having been done, I pass the following: ORDER i. The writ petition is allowed. ii. The order dated 06.11.2025 and the writ of certiorari issued at Annexure-A2 is quashed. iii. Respondent No.2 is directed to consider the transfer of authorization in favour of the petitioner, subject to the petitioner complying with all requirements, including placing on record the no objection from all the family members. iv. If the said documents are placed on record, respondent No. 2 is directed to consider the same and pass necessary orders within a period of 6 weeks thereafter. SD/- (SURAJ GOVINDARAJ) JUDGE rv,List No.: 1 Sl No.: 27