- 1 - HC-KAR CNR: KAHC010598392026 NC: 2026:KHC:48208 WP No. 27372 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27372 OF 2026 (GM-PDS) BETWEEN: SRI NAVEEN KUMAR J S/O LATE JAYADEVAPPA H C AGED ABOUT 33 YEARS FAIR PRICE SHOP NO.2769. R/AT, NO.297, 1ST MAIN, 7TH CROSS, PANCHASHEELA NAGAR MOODALAPALYA, BENAGALURU - 560072. S L STORES. …PETITIONER (BY SRI. NAGARAJA N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETORY FOR FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT VIKASA SOUDHA BENGALURU 560001. 2. THE JOINT DIRECTOR DEPT OF FOOD AND CIVIL SUPPLIES WEST RANGE BENGALURU - 560003. …RESPONDENTS (BY SRI.C.H. DEVANG., GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 28.07.2026 MADE IN NO. JANI(PA)NYA.BE.ANG/02/2024-25 PASSED BY THE 2ND RESPONDENT, PRODUCED AT ANNEXURE – D AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010598392026 NC: 2026:KHC:48208 WP No. 27372 of 2026 THIS WRIT 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 respondents No.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: 1. Issue writ of certiorari or similar writ, order or direction to quash the impugned order dated 28.07.2026 made in No.JaNi(Pa)Nya. Be.Ang/02/2024-25 passed by the 2nd respondent produced at Annexure - D. 2. Issue a writ, order or direction in the nature of WRIT OF MANDAMUS, directing the respondents to consider the representation made by the petitioner on 02.04.2026 to the 2nd Respondents vide Annexure 'C'. 3. Pass such other relief or reliefs as this Hon'ble Authority deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity. 3. An authorisation to run a fair price shop had been issued to the father of the petitioner in Panchasheela Nagar, Bangalore West Range in the year 2025-26 till the year 2029. During the pendency of the said license on 06.03.2026 the father of the petitioner expired. In pursuance of which the petitioner made an application on 28.07.2026 for transfer on - 3 - HC-KAR CNR: KAHC010598392026 NC: 2026:KHC:48208 WP No. 27372 of 2026 compassionate basis. The said application was rejected by the respondents on the ground that the father of the petitioner was more than 65 years as on the date of his death and as such the authorization could not be transferred. 4. 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 Authorisation Holder, the transferee in this case being 33 years of age as on the date of filing of the petition itself, is within the permissible age. 5. In that view of the matter, the rejection order could not have been passed. As such, this Court passes following; ORDERS i. The writ petition is allowed. ii. A Certiorari is issued, order dated 28.07.2026 in No.JaNi(Pa)Nya.Be.Ang/02/2024-25 passed by respondent No.2 at Annexure–D is quashed. iii. A mandamus is issued, directing the respondent to consider the representation of the petitioner dated 02.04.2026 at Annexure-C and pass necessary orders. iv. Needless to say, the petitioner will have to comply with furnishing an indemnity deed and - 4 - HC-KAR CNR: KAHC010598392026 NC: 2026:KHC:48208 WP No. 27372 of 2026 No Objection on the part of all the other family members as also any other formalities which are required to be so complied. v. The respondent to pass necessary orders within 30 days from the date of compliance made by the petitioner. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 18