- 1 - HC-KAR CNR: KAHC010531972026 NC: 2026:KHC:42659 WP No. 24253 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24253 OF 2026 (GM-PDS) BETWEEN: PRABHUSWAMY S, SON OF LATE SIDDAIAH, AGED 51 YEARS, RESIDING AT HUSUKURU VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT, MANDYA - 571 430. …PETITIONER (BY SRI. B.S.JEEVAN KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, DEPARTMENT OF CONSUMER AFFAIRS AND LEGAL METROLOGY, M S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY DIRECTOR, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010531972026 NC: 2026:KHC:42659 WP No. 24253 of 2026 MANDYA DISTRICT, MANDYA - 571 401. …RESPONDENTS (BY SRI.DEVARAJ C.H., GA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT DATED 23.07.2026 PASSED BY SECOND RESPONDENT BEARING NO. AHARA/NYABELEANGADI/CR/03/2026-27 (ANNEXURE-B) TO THE WRIT PETITION 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. Learned Additional Government Advocate accepts notice for respondents. 2. Petitioner is before this Court seeking for the following reliefs: "a) Pass an appropriate writ, order or direction in the nature of Certiorari quashing the endorsement dated 23.07.2026 passed by Second Respondent bearing No.Ahara/Nyabeleangadi/CR/03/2026-27 (Annexure-B) to the Writ petition. - 3 - HC-KAR CNR: KAHC010531972026 NC: 2026:KHC:42659 WP No. 24253 of 2026 b) Consequently, issue writ of Mandamus directing the respondents to issue authorization in favour of the petitioner on compassionate grounds." 3. The father of the petitioner had been granted an authorization to run a Fair Price Depot under Authorization No. S6CR/57/93-94 On 31.07.2017, which has been renewed from time to time and is in currency until 30.01.2028. Unfortunately, the father of the petitioner expired on 29.04.2026. When the petitioner had submitted a representation on 13.05.2026 seeking for transfer of the authorization in his name on compassionate basis, the said application came to be rejected on 23.07.2026 on the ground that as on the date of the expiry of the authorization holder, he was 80 years of age and as such, the transfer could not be affected. 4. This Court in a catena of decisions has categorically held that it is the age of the applicant for transfer which is required to be considered and not the age of the authorization holder. In that view of the matter, this Court passes following: ORDER (a) Writ petition is allowed. - 4 - HC-KAR CNR: KAHC010531972026 NC: 2026:KHC:42659 WP No. 24253 of 2026 (b) A certiorari is issued, the endorsement dated 23.07.2026 bearing No. Ahara / Nya.Be.An / CR / 03 / 2026-27 (Annexure-B) is quashed. (c) A mandamus is issued, directing the respondents to consider the representation of the petitioner beyond the age of the authorization holder subject to the petitioner complying with all formalities including providing no objection from all the family members as also indemnity deeds on their behalf, within a period of thirty (30) days from the date on which, the petitioner complies with all the permits. Sd/- (SURAJ GOVINDARAJ) JUDGE PSJ List No.: 1 Sl No.: 18