- 1 - HC-KAR NC: 2025:KHC:45552 WP No. 31594 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. 31594 OF 2025 (GM-PDS) BETWEEN: SMT DAKSHYANAMMA D/O LATE HANUMANTHAIAH W/O CHANDRASHEKARAIAH AGE BOUT 40 YEARS HOSAHALLI PALYA HULIYAR HOBLI CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT 572214 …PETITIONER (BY SRI. KESHAVA CHANDRA S P, ADVOCATE FOR SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD AND CIVIL SUPPLIES VIKAS SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU 560001 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES NO 205 2ND FLOORMINI VIDHANA SOUDHA TUMKUR 572101 3. COMMISSIONER OF FOOD AND CIVILSUPPLIES 5TH FLOOR MARKETING FEDERATION BUILDING CUNNINGHAM ROAD BENGALURU 560052 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45552 WP No. 31594 of 2025 …RESPONDENTS (BY SMT. K P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ENDORSEMENT DATED 22.09.2025 ISSUED BY RESPONDENT NO.2 IN NO.FSD/FPD/CR02/1994-95 AT ANNEXURE-B., 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. The learned Additional Government Advocate is directed to accept notice for the respondents. 2. The petitioner is before this Court seeking the following reliefs: "i. To issue a Writ of Certiorari or similar writ or order or direction to quash the endorsement dated 22.09.2025 issued by Respondent No.2 in No.FSD/FPD/CR02/1994-95 at Annexure-B. ii. To issue a Writ of Mandamus to Respondent No.2 to transfer or issue authorization in favour of the petitioner forthwith without seeking permission from Respondent No.3 in terms of order dated 06.12.2024 passed in WP No.31745/2024 produced at Annexure-C. iii. To issue any other writ or order or direction to respondents deemed fit in the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:45552 WP No. 31594 of 2025 3. An authorization had been granted to the petitioner's father for running a fair price shop, which was valid until 31.12.2024. Unfortunately, petitioner's father expired on 30.08.2025, without extending the period of license. The petitioner, with no objection of other family members, had filed an application for transfer of the authorization in his favour on compassionate basis, which came to be rejected on the ground that as on the date of the expiry of the father, the father was 71 years and as such no transfer could be made. 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 40 years as on today, which is within the permissible limits. In that view of the matter, I pass the following: ORDER a. Writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC:45552 WP No. 31594 of 2025 b. A writ of certiorari is issued. The Endorsement bearing No.FSD/FPD/CR02/1994-95 dated 22.09.2025 at Annexure-B is quashed. c. A mandamus is issued directing respondents to consider the application of the petitioner without reference to the age 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.: 25