- 1 - NC: 2025:KHC-K:1438 WP No. 200371 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200371 OF 2025 (GM-EC) BETWEEN: SHRI. MALLIKARJUN S/O LATE HANUMANTHAPPA AGE: 40 YEARS, OCC: NIL, R/AT: SAGAMKUNT VILLAGE, TQ: AND DIST: RAICHUR – 584 123. …PETITIONER (BY SRI SATHISH KUMAR D.GADKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT OF FOOD AND CIVIL SUPPLIES, VIDHANA SOUDHA, BENGALURU - 560 001. BY ITS UNDER SECRETARY. 2. THE FOOD COMMISSIONER, FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BENGALURU - 560 052. 3. THE DEPUTY COMMISSIONER, RAICHUR, DISTRICT RAICHUR 584 101. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1438 WP No. 200371 of 2025 4. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES, RAICHUR – 584 101. 5. THE TAHASILDAR TAHASILDAR OFFICE, RAICHUR – 584 123. …RESPONDENTS (BY SRI SHESHADRI JAISHANKAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT BEARING NO.¸ÀA.DºÁgÀ:£Áå¨ÉCA/¹Dgï-53/2024-25, DATED 29-01-2025 VIDE ANNEXURE-D ISSUE BY THE 4TH RESPONDENT AUTHORITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the respondents – State. 2. This petition is filed seeking writ of certiorari to quash the endorsement dated 29.01.2025 marked at - 3 - NC: 2025:KHC-K:1438 WP No. 200371 of 2025 Annexure-C and also writ of mandamus is sought to direct the respondents to transfer the authorization of dealership on compassionate ground in favour of the petitioner. It is noticed that petitioner’s father Tukaram Chavan was running a fair price shop under the license issued by the State. He died on 27.03.2024. The petitioner sought transfer of the licence in his favour on compassionate grounds. 3. In support of his case, the petitioner has relied on the judgment of this court in W.P.No.765/2024 and connected cases. In the aforementioned cases referring to earlier judgments the Co-ordinate Bench of this court has held that amended provisions of Clause-13 of Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 are prospective in operation and do not apply to authorization granted to dealers prior to amendment on 2016, 2017 and 2021. - 4 - NC: 2025:KHC-K:1438 WP No. 200371 of 2025 4. Learned Government Advocate does not dispute the submission and would submit that the petitioner is entitled to reliefs sought for. 5. Admittedly, the license was issued to the petitioner’s father on 20.10.1997. Hence, the petitioner is entitled to the benefit of the law prior to amendment, which enabled transfer of licence to a family member on the death of a licence holder, subject to certain conditions. Hence, the following: ORDER (i) The writ petition is allowed. (ii) The impugned endorsement is quashed. (iii) The respondents shall transfer the licence held by petitioner’s father in the name of the petitioner for the period permissible under law. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 2 Sl No.: 46