- 1 - HC-KAR CNR: KAHC010506312026 NC: 2026:KHC:40490 WP No. 23134 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23134 OF 2026 (GM-PDS) BETWEEN: 1. G H LOKESHWARA S/O G H VICHAPPA AGED ABOUT 50 YEARS R/O AIGINABAISM ANANDAPURA HOBLI SAGAR TALUK SHIVAMOGA DISTRICT -577 402 … PETITIONER (BY SRI. SIDDAPPA B M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS. M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER, THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES CUNNINGHAN ROAD, BANGALORE-560 052. 3. THE DEPUTY DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SHIVAMOGA DISTIRCT, SHIVAMOGA -577 001 … RESPONDENTS (BY SRI. DEVARAJ C.H., GA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010506312026 NC: 2026:KHC:40490 WP No. 23134 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT, QUASHING THE ENDORSEMENT NO.FSD/FPS/CR-27/2026-27 DATED 10/07/2026 ISSUED BY THE RESPONDENT NO.3 PRODUCED AS ANNEXURE-C 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 AGA 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 any other writ or order or direction in the nature of writ, quashing the endorsement No.FSD/FPS/CR- 27/2026-27 dated 10/07/2026 issued by the respondent No.3 produced as ANNEXURE-C to the writ petition. (ii) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010506312026 NC: 2026:KHC:40490 WP No. 23134 of 2026 3. The Petitioner's father had been granted an authorization to run a Fair Price Depot on 08.06.2017 which has been renewed from time to time and is in force until 06.06.2030. Unfortunately, the father of the Petitioner expired on 01.07.2026. Hence, the Petitioner made an application to respondent No.3 to transfer the authorization standing in the name of his father on compassionate basis. 4. The said request was rejected by endorsement dated 10.07.2026 on the ground that the father of the petitioner was aged more than 65 years as on the date of his expiry and as such, the application could not be considered. 5. This Court in a catena of decisions has held that it is the age of the transferee which is required to be considered for the purpose of transfer on compassionate basis and not the age of the authorization holder. - 4 - HC-KAR CNR: KAHC010506312026 NC: 2026:KHC:40490 WP No. 23134 of 2026 6. In that view of the matter, this Court passes the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued, the endorsement dated 10.07.2026 issued by Respondent No.3 at Annexure-C is quashed. iii) Respondents are directed to consider the application for transfer made by the Petitioner dehors the age of the deceased father by complying with the applicable formalities within 30 days from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 36