- 1 - HC-KAR CNR: KAHC010505482026 NC: 2026:KHC:39258 WP No. 23009 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23009 OF 2026 (GM-PDS) BETWEEN: AYAZ PASHA AGED 35 YEARS, S/O. LATE ABDUL KHALEEL NEAR AKASH THEATER, FORT, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130 …PETITIONER (BY SRI. RITHISH D. NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, BENGALURU - 560 001. 2. THE JOINT DIRECTOR DEPARTMENT OF FOOD AND CIVIL SUPPLIES, TUMKUR DISTRICT, TUMKUR - 572 101. 3. THE THASILDAR, TUMKUR TALUK, TUMKUR - 572 101 …RESPONDENTS (BY SRI. DEVARAJ C.H., GA GA SD) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505482026 NC: 2026:KHC:39258 WP No. 23009 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER BEARING NO.FSD/FPD/CR89/1994-95 DATED 17.07.2026 PASSED BY THE RESPONDENT NO.2 AT ANNEXURE - F, 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. Petitioner is before this Court seeking for the following reliefs: i) issue a writ of certiorari or similar writ or order or order the bearing quash to No.FSD/FPD/CR89/1994-95 dated 17.07.2026 passed by direction the respondent No.2 at Annexure - F ii) issue writ of mandamus or similar writ or order or direction to the respondent Nos.2 and 3 to transfer the authorization to run fair price shop at Santhe maidana Road, Kote, Kunigal city, Kunigal Taluk, Tumkur District in favour of the petitioner, taking note of the order passed in W.P No.20716/2026 at Annexure- H and iii) issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010505482026 NC: 2026:KHC:39258 WP No. 23009 of 2026 2. The petitioner's father was given an authorization to run a fair price depot at Sante Maidana Road, Kote, Kunigal Taluk, Tumakuru District, which has been renewed from time-to-time. The last of the renewal being on 01.01.2025, valid up-to 31.12.2029. Unfortunately, the father of the petitioner expired on 06.06.2026 leaving behind his wife and four children including the petitioner. The mother and other siblings of the petitioner have no objection for transfer of the authorization in favour of the petitioner. Hence, the petitioner made an application for transfer of the authorization on compassionate basis. The said application came to be rejected on the ground that the authorization holder was 74 years as on the date of his expiry and as such, the said transfer could not be done on competitive terms. Therefore, the petitioner is before this Court. - 4 - HC-KAR CNR: KAHC010505482026 NC: 2026:KHC:39258 WP No. 23009 of 2026 3. 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 authorization holder. 4. In the present case, the transferee is 35 years as on the date of the application, well within the upper limit of 65 years. Hence, the respondents could not have rejected the application of transfer, on the ground that the authorization holder was above 60 years of age. In that view of the matter, this Court pass the following: ORDER i) Writ Petition is allowed; ii) A certiorari is issued. The order order bearing No.FSD/FPD/CR89/199-95 dated 17.07.2026 at Annexure-F is quashed; iii) A mandamus is issued directing the respondents to consider the application - 5 - HC-KAR CNR: KAHC010505482026 NC: 2026:KHC:39258 WP No. 23009 of 2026 of the petitioner to transfer the authorization of the aforesaid fair price depot, in terms of the observations made supra. iv) Needless to say, the petitioner would have to comply with all other formalities including submission of necessary no-objection from the other family members within sixty days from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 33