- 1 - HC-KAR NC: 2026:KHC:30735 WP No. 13805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13805 OF 2025 (GM-PDS) BETWEEN: K. NEELAKANTASWAMY S/O LATE K. S. KUMARASWAMY, AGED ABOUT 60 YEARS, RESIDENT OF KALLAHALLI, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-571 105 … PETITIONER (BY SRI. A.V. GANGADHARAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, BENGALURU-560 001. 2. JOINT DIRECTOR OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS HASSAN DISTRICT, HASSAN-573 201. 3. TAHSILDAR, HOLENARASIPURA TALUK, HASSAN DISTRICT-571 105. … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASHING THE IMPUGNED ENDORSEMENT BEARING NO.f D ºÁ/ºÉÆ Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30735 WP No. 13805 of 2025 vÁ/¹.Dgï/24/2024-25 DATED 18/3/2025 ISSUED BY THE 2ND RESPONDENT, PRODUCED AS ANNEXURE-E BY DECLARING THAT THE PROVISO TO CLAUSE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM CONTROL) ORDER, 2016 IN SO FAR AS IT RELATES TO PRESCRIBING THE AGE OF THE DEATH OF THE AUTHORISED HOLDER TO BE BELOW 65 YEARS AS ON THE DATE OF DEATH, IS WHOLLY ILLEGAL AND VIOLATIVE OF FUNDAMENTAL RIGHTS GUARANTEED UNDER CHAPTER III OF THE CONSTITUTION OF INDIA AND ETC. 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 Writ in the nature of certiorari or any other appropriate writ quashing the impugned endorsement bearing No. f D ºÁ/ºÉÆ vÁ/¹.Dgï/24/2024-25 dated 18/3/2025 issued by the 2nd respondent, produced as ANNEXURE-E by declaring that the proviso to Clause 13 of the Karnataka Essential Commodities (Public Distribution System Control) Order, 2016 in so far as it relates to prescribing the age of the death of the Authorised Holder to be below 65 years as on the date of death, is wholly illegal and violative of Fundamental Rights guaranteed under Chapter III of the constitution of India; b. A writ of mandamus directing respondents to transfer the authorisation relating to Fair Price Depot No.10 at Kallahalli village, Hallimysore Hobli, Holenarasipura Taluk to the name of the petitioner and thereby permit the petitioner to continue the distribution of commodities to the card holders as has been stated in the application dated 19/12/2024 true copy of which is produced as ANNEXURE-D; - 3 - HC-KAR NC: 2026:KHC:30735 WP No. 13805 of 2025 c. Grant such other reliefs as this Hon'ble court deemed fit in the facts and circumstances of the case, including an order as to cast; 2. The father of the petitioner had been granted authorization in the year 1998-1999 for running a Fair Price Depot at No.10, Kallahalli, Hallimysore Hobli, Holenarasipura Taluk. The said father expired on 12.10.2024. The petitioner made an application on 19.12.2024 for transfer of the said authorisation on a compassionate basis which came to be rejected by the endorsement dated 18.03.2025 on the ground that the authorisation holder was more than 65 years of age at the time of his death. 3. This Court, in a catena of decisions, has held that it is the age of the transferee which is required to be considered and not the age of the authorization holder. One such decision is the order dated 26.04.2025 passed in S. Deepak v. State of Karnataka & Others in W.P. No.10353 of 2025. 4. In that view of the matter, this court passes the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, endorsement bearing No.f D ºÁ/ºÉÆ vÁ/¹.Dgï/24/2024-25 dated 18.03.2018 - 4 - HC-KAR NC: 2026:KHC:30735 WP No. 13805 of 2025 issued by respondent No.2 at Annexure-E is quashed. iii. A mandamus is issued, directing respondents to consider the application filed by the petitioner dated 19.12.2024 at Annexure-D for transfer of the authorised taking into consideration the age of the petitioner, rather the age of the deceased authorisation holder within a period of four weeks from the date of receipt of copy of this order. iv. Needless to say, the petitioner would have to comply with all other applicable formalities including execution of necessary indemnity deeds, providing of ‘No Objection’ from other family members, etc. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 54