- 1 - HC-KAR NC: 2025:KHC:40829 WP No. 30707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30707 OF 2025 (GM-PDS) BETWEEN: SRI. BASAVARAJU M., S/O. LATE SRI. K. MAHADEVAPPA, AGED ABOUT 49 YEARS, RESIDENT OF RAMAPURA VILLAGE, SOOLERAPALYA DHAKALE, RAMAPURA HOBLI AND POST, HANURU TALUK, CHAMARAJANAGARA - 571 439, CHAMARAJANAGARA DISTRICT. …PETITIONER (BY SRI. BANDAGAR SHIVAJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, CHAMARAJANAGARA DISTRICT. CHAMARAJANAGARA - 571 313. 3. THE TAHSILDAR, HANURU TALUK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40829 WP No. 30707 of 2025 CHAMARAJANAGARA - 571439. 4. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BENGALURU - 560 052. …RESPONDENTS (SMT. K.P. YASHODHA, AGA FOR RESPONDENTS 1 TO 4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT/PROCEEDINGS BEARING NO.SA.V.PA/CR/52/ 2025-26 DATED 06.09.2025 ISSUED BY THE R-2 PRODUCED AS ANNEXURE-A TO THE WRIT PETITION AS BAD IN LAW. 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 4. 2. Petitioner is before this court seeking for the following reliefs: a) Issue an Order, Direction or Writ in the nature of Certiorari quashing the Endorsement/Proceedings bearing No.SA.V.PA/CR/52/2025-26 dated 06.09.2025 issued by the 2nd Respondent, - 3 - HC-KAR NC: 2025:KHC:40829 WP No. 30707 of 2025 produced as Annexure-A to the Writ Petition, as bad in law. b) Issue an Order or Direction or Writ in the nature of Mandamus directing the Respondent-Authorities to transfer/grant the Authorization (License) in the name of the Petitioner in terms of the dictum passed by this Hon'ble Court in W.P.No.3856/2025 (GM-PDS) disposed of on 09.07.2025. c) Issue any other Writ/s, Order/s, or Directions, as deemed fit in the circumstances of the case and in the interest of justice and equity. 3. The petitioner's father was granted an authorization under the Essential Commodities Control Order, 2016 over three decades ago and the same has been extended and continues to be in operation until 31.12.2026. Unfortunately the father of the petitioner expired on 27.03.2025 and as such petitioner sought for transfer of the authorization in his favour on compassionate grounds. The same was rejected on the ground that the father of the petitioner was 70 years as on the date of expiry and as such the transfer of authorization could not be made. In that background the petitioner is before this court. - 4 - HC-KAR NC: 2025:KHC:40829 WP No. 30707 of 2025 4. This court in a catena of decisions has categorically held that it is the age of the transferee which is required to be considered and not the age of the father and or the authorized person whose age is required to be considered. The petitioner in the present matter is aged about 49 years and is well within 65 years being the upper limit. As such I pass the following: ORDER (i) The Writ Petition is allowed. (ii) A certiorari is issued. The Endorsement/proceedings bearing No.SA.V.PA/CR/52/2025-26 dated 06.09.2025 at Annexure-A is quashed. (iii) 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 - 5 - HC-KAR NC: 2025:KHC:40829 WP No. 30707 of 2025 the license or authorization in favour of the petitioner within a period of 3 weeks from the date of receipt of copy of this order subject to all other conditions being fulfilled. SD/- (SURAJ GOVINDARAJ) JUDGE NS CT:TSM List No.: 1 Sl No.: 24