- 1 - HC-KAR NC: 2025:KHC-D:12030-DB WA No. 100317 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100317 OF 2025 (GM-PDS) BETWEEN: SMT. C. RENUKAMMA W/O. LATE C. RAMAPPA, AGE ABOUT 51 YEARS, OCCUPATION: NIL, RESIDENT OF LOLESHWARA VILLAGE, BENNEHALLI POST, TQ. HARAPANAHALLI & DISTRICT: VIJAYANAGAR-580001. …APPELLANT (BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD & CIVIL SUPPLY & CONSUMER AFFAIRS, M. S. BUILDING, VIKAS SOUDHA, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12030-DB WA No. 100317 of 2025 2. THE COMMISSIONER, FOOD & CIVIL SUPPLY & CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU-560052. 3. THE DEPUTY DIRECTOR, FOOD & CIVIL SUPPLIES & CONSUMER AFFAIRS DEPARTMENT, VIJAYANAGAR, DISTRICT: VIJAYANGAR-583201. …RESPONDENTS (BY SRI. V. S. KALASURMATH. AGA FOR RESPONDENTS) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF THE HON’BLE SINGLE JUDGE PASSED THE ORDER IN WRIT PETITION NO.101769/2024 (GM-PDS) DATED 25.09.2024, BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:12030-DB WA No. 100317 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed challenging the order dated 25.09.2024 passed by the learned Single Judge in W.P.No.101769/2024. 2. Sri. Rajashekar B. Halli, learned counsel appearing for the appellant submits that the appellant filed an application seeking continuation of the license for Fair Price depot which came to be rejected by the authorities on 16.09.2023 on the ground that once authorization was renewed for a period of three years as per the notification dated 11.08.2016 and further continuation of license would not arise. It is submitted that later the State Government has issued another notification dated 16.01.2021, wherein, the transfer was permitted for a maximum period of ten years and in view of the said subsequent notification, the appellant is entitled for renewal for further period of seven years and he seeks to allow the appeal. 3. Per contra, Sri. V.S. Kalasurmath, learned Additional Government Advocate supports the impugned order of the - 4 - HC-KAR NC: 2025:KHC-D:12030-DB WA No. 100317 of 2025 learned Single Judge and submits that as on the date of consideration of the request of the appellant, the notification dated 11.08.2016 was in force and a benefit of transfer of license was granted to the appellant and there cannot be any perpetuity in granting the transfer under the compensatory ground. Hence, he seeks to dismiss the appeal. 4. We have heard learned counsel for the appellant, learned counsel for the respondents, learned Additional Government Advocate and meticulously perused the material available on record. 5. The material available on record indicates that the husband of the appellant-Sri.C.Ramappa was granted authorization to run Fair Price depot at Loleshwara village, Harapanahalli Taluk. The licensee Sri.C.Ramappa died on 10.10.2018 and the appellant herein as a legal heir filed an application to the respondent No.3 seeking transfer of authorization, which was rejected and thereafter the appellant has challenged the same in W.P No.55516/2018. This Court vide order dated 20.02.2019, directed the respondent No.3 to reconsider the application of the appellant as per the circular - 5 - HC-KAR NC: 2025:KHC-D:12030-DB WA No. 100317 of 2025 dated 11.08.2016. The records indicate that the respondent No.3 considered the request of the appellant and transferred the Fair Price license to run Fair Price depot in the name of the appellant for a period of three years from the date of order. The records further indicate that the appellant has filed an application seeking further extension of time, which came to be rejected by the authority under the impugned order dated 16.09.2023. It is to be noticed that as on the date of consideration of the appellant’s request for further extension, the Government had issued notification dated 16.01.2021. The relevant notification bringing amendment to Clause 13 to the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 (for short, ‘PDS Control Order’) the amendment brought reads as under: “ORDER 1. Title and commencement.-(1) The Order may be called the Karnataka Essential Commodities Public Distribution System (Control) (Amendment) Order, 2021. 2. It shall come into force from the date of its publication in the Official Gazette. 3. Amendment of clause 13. In the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, in clause 13, for the proviso the following proviso shall be substituted, namely. - 6 - HC-KAR NC: 2025:KHC-D:12030-DB WA No. 100317 of 2025 “Provided that, the authorized authority may order for such transfer in the events of death of the authorized dealer before sixty five years of age. Provided further that, the person has no other source of income, to the;- i.Spouse; less then sixty five years of age: or: ii.Unemployed son: above the age of eighteen years: or: iii.Unmarried daughter above the age of eighteen years: or: iv.Widowed daughter above the age of eighteen years. having passed 10th standard or equivalent examination as on the date of the death of the authorized dealer. The applicant shall apply for such transfer within ninety days of the death of authorized dealer. Such transfer shall be made only after obtaining prior approval of the Commissioner, Food, Civil Supplies and consumer Affairs Department and only for maximum period of ten years i.e two validity period of a fresh authorization, no further renewal is allowed for such transfers after the completion of two validity period.” 6. Keeping in mind the amendment brought to the PDS Control Order referred supra, the right to seek transfer from a period of three years, it is extended upto ten years. In view of the aforesaid amendment, the appellant is also entitled for the said relief. Learned counsel for the appellant is right in submitting that the learned Single Judge in W.P.No.7280/2022 has considered the same and granted a benefit to the similarly - 7 - HC-KAR NC: 2025:KHC-D:12030-DB WA No. 100317 of 2025 placed person. Therefore, in view of the notification dated 16.01.2021, respondent No. 3 is required to reconsider the request of the appellant for transfer of authorization for further period as per the said notification. Hence, we proceed to pass the following: ORDER i. The writ appeal is allowed. ii. The order dated 25.09.2024 passed in W.P No.101769/2024 is set aside. iii. The respondent No.3 is directed to reconsider the appellant’s request for transfer of authorization for a maximum period of ten years as per the notification dated 16.01.2021. iv. No order as to costs. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 2