- 1 - HC-KAR NC: 2025:KHC:43847 WP No. 23922 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23922 OF 2024 (GM-PDS) BETWEEN: SMT. RATHNA, W/O. LATE GANGADHARA, AGED ABOUT 57 YEARS, GANGADHARA FAIR PRICE DEPOT, AGASAVALLI VILLAGE, SHIMOGA TALUK AND DISTRICT, PIN 577 202. …PETITIONER (BY SRI T BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU-560 001. 3. THE DEPUTY DIRECTOR, THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, 3RD CROSS ROAD, GOPALGOWDA EXTENSION, SHIMOGA TOWN-577 205. …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR R-1 TO R-3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43847 WP No. 23922 of 2024 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE R-3 BEARING NO. FSD/FPS/CR- 34/2017-18 DATED 26.07.2024 PRODUCED AT ANNEXURE-C TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. "Issue a writ of certiorari or any other writ/s or order/s or direction/s, declaration/s quashing the impugned Endorsement, issued by the third respondent bearing no. FSD/FPS/CR-34/2017-18 dated 26.07.2024 produced at Annexure-'C' to the writ petition; b. Costs such other reliefs deems to grant under the circumstances of the case, in the interest of justice and equity." 2. The husband of the petitioner has been granted authorization under the Karnataka Essential Commodities (Public Distribution) System Control Order 2016 to run the fair price shop at Agasavalli Village, Shimoga Taluk and District who is in enforce till 15.06.2025. Unfortunately, husband of the petitioner expired on 15.06.2024, when the - 3 - HC-KAR NC: 2025:KHC:43847 WP No. 23922 of 2024 petitioner made an application for transfer of the authorization in her favour on compassionate basis. The said application came to be rejected by the respondents on the ground that the husband of the petitioner on the date of his expiry was more than 65 years and as such the authorization cannot be transferred. 3. This Court in catena of decisions as categorically held that it is the age of the transferring which is required to be considered and not the age of the authorization holder. 4. In the present matter the petitioner as on the date of the application made for transfer of the authorization was well within the age limit of 65 years and as such the application could not have been rejected on the ground that the authorization holder was more than 65 years. 5. In that view of the matter, I pass the following; - 4 - HC-KAR NC: 2025:KHC:43847 WP No. 23922 of 2024 ORDER i. The writ petition is allowed. ii. A certiorari is issued, produced at Annexure-'C' endorsement issued by respondent No.3 in bearing No.FSD/FPS/CR-34/2017-18 dated 26.07.2024 at Annexure-C is quashed. iii. Respondents are directed to consider the application of the petitioner in terms of the age of the petitioner and pass necessary orders within a period of four weeks from date of receipt of copy of this Order. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 42