- 1 - HC-KAR CNR: KAHC010553992026 NC: 2026:KHC:43277 WP No. 25158 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.25158 OF 2026 (GM-PDS) BETWEEN: SYED ASHAAR SAALIQ, S/O LATE SYED AHAMED, AGED ABOUT 32 YEARS, RESIDING AT BASAVANA BEEDI, ANANDAPURAM VILLAGE AND POST, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577 412. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD & CIVIL SUPPLIES, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010553992026 NC: 2026:KHC:43277 WP No. 25158 of 2026 2. THE DEPUTY DIRECTOR (FOOD), FOOD & CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 3. THE TAHSILDAR, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577 412. …RESPONDENTS (BY SRI. DEVARAJ C.H., GA FOR STATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI OR SIMILAR WRIT, ORDER OR DIRECTION TO QUASH THE ENDORSEMENT DATED 05.08.2026 ISSUED BY THE 2ND RESPONDENT IN NO.FSD/FPS/CR-31/2026-27 PRODUCED AT ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010553992026 NC: 2026:KHC:43277 WP No. 25158 of 2026 ORAL ORDER 1. Learned Government Advocate accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: (i) Issue writ of certiorari or similar writ, order or direction to quash the endorsement dated 05.08.2026 issued by the 2nd respondent in No. FSD/ FPS/ CR -31/2026-27 produced at Annexure-D; (ii) Issue writ of mandamus to the 2nd respondent to consider the application / representation of the petitioner dated 04.08.2026 produced at Annexure- C, in terms of the order dated 06.12.2022 passed in W.P.No.12867/2021 and order dated 31.08.2024 passed in W.P. No.22770/2024 produced at Annexure-E and F respectively forthwith; and (iii) Issue any other writ, order or directions as this Hon'ble Court deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity. 3. The petitioner's father had been granted an authorization to run a Fair Price Depot at Mallandoor, Sagar Taluk, Shivamogga in the year 1995-96, which came to be extended from time to time and is valid until 27.02.2030. Unfortunately, the petitioner's father expired on - 4 - HC-KAR CNR: KAHC010553992026 NC: 2026:KHC:43277 WP No. 25158 of 2026 19.06.2026. It is in that background the petitioner made an application on 04.08.2026 for transfer of the authorization on compassionate ground. The said application came to be rejected by respondent No.2 on the ground that the father of the petitioner as on the date of his death, was more than 65 years and as such, the application cannot be considered. This Court in the catena of decision has held that it is the age of transferee which is required to be considered and not the age of the authorization holder at the time of his death. In that background, the reason for rejection ascribed by respondent No.2 is contrary to the orders passed by this Court. Hence, this Court passes the following: ORDER (i) Writ petition is allowed; (ii) A certiorari is issued, an endorsement dated 05.08.2026 issued by respondent No.2 at Annexure-D is quashed. (iii) A mandamus is issued directing the respondents to consider representation of the petitioner dated 04.08.2026 in terms of - 5 - HC-KAR CNR: KAHC010553992026 NC: 2026:KHC:43277 WP No. 25158 of 2026 the observations made hereinabove and transfer the authorization within a period of 30 days from the date of receipt of copy of this order. (iv) It is made clear that the petitioner would have to satisfy all other requirements including making available the no objection from other family members, executing the indemnity documents etc., before the consideration of the said application. Sd/- (SURAJ GOVINDARAJ) JUDGE SMJ List No.: 1 Sl No.: 17