- 1 - HC-KAR NC: 2025:KHC:45549 WP No. 25757 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25757 OF 2025 (GM-PDS) BETWEEN: SIDDARUDASWAMY S N S/O LATE NAGARAJA S.R AGED ABOUT 31 YEARS R/O SUNDARAMMA NILAYA, OPP BHADRA NURSING HOME GANDHINAGARA, BHADRAVATHI-577301 SHIVAMOGA. …PETITIONER (BY SRI. SIDDAPPA B M., ADVOCATE) AND: THE DEPUTY DIRECTOR FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SHIVAMOGGA DISTIRCT, SHIVAMOGGA-577 301. …RESPONDENT (BY SMT. K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT NO. NO/FS.D/F.P.S/C.R.27/25-26 DATED 4/08/2025 ISSUED BY THE RESPONDENT PRODUCED AS ANNEXURE-C TO THE WRIT PETITION. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45549 WP No. 25757 of 2025 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. The learned Additional Government Advocate accepts notice for the respondent. 2. The petitioner is before this Court seeking for the following reliefs: "a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the endorsement No.NO/FS.D/F.P.S/:C.R.27/25-26 dated 4/08/2025 issued by the respondent produced as ANNEXURE-C to the writ petition. b) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity." 3. An authorization to run a fair price shop was issued to the father of the petitioner, which was valid upto 04.05.2025. Unfortunately, father of the petitioner expired on 11.06.2025, without seeking for renewal of the said authorization. Thereafter, the petitioner made an - 3 - HC-KAR NC: 2025:KHC:45549 WP No. 25757 of 2025 application for transfer of the authorization in favour of the petitioner on compassionate basis. The said request came to be rejected by the respondent on the ground that the father of the petitioner was more than 65 years, as on the date of his death and therefore, the transfer on compassionate basis could not be done. 4. This Court in a catena of decision has held that the age of the transferee is required to be considered and the age of the authorized licensee, at the time of his expiry is not required to be looked into. 5. In the present case, the petitioner is 31 years as on today, which is within the permissible limits. In that view of the matter, I pass the following: ORDER (i) Writ petition is allowed. (ii) A writ of certiorari is issued. The Endorsement bearing No.NO/FS.D/F.P.S/:C.R.27/25-26 dated 04.08.2025 at Annexure C is quashed. (iii) A mandamus is issued directing respondent to consider the application of the petitioner without reference to the age - 4 - HC-KAR NC: 2025:KHC:45549 WP No. 25757 of 2025 of the father of the petitioner and transfer the license or authorization in favour of the petitioner within a period of 4 weeks from the date of receipt of copy of this order subject to all other conditions being fulfilled. Sd/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 7