- 1 - HC-KAR NC: 2026:KHC:4043 WP No. 1359 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1359 OF 2026 (GM-PDS) BETWEEN: MOHANA G K S/O LATE KRISHNEGOWDA AGED ABOUT 46 YEARS, RESIDENT OF GULUVINA ATHIGUPPE VILLAGE, SALIGRAMA TALUK, MYSORE DISTRICT-571604. …PETITIONER (BY SRI. A.V. GANGADHARAPPA.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, BENGALURU-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4043 WP No. 1359 of 2026 2. JOINT DIRECTOR OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS MYSORE DISTRICT, MYSORE-570001. 3. TAHSILDAR SALIGRAMA TALUK, MYSORE DISTRICT-571604. …RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DECLARE THE PROVISO TO CLAUSE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM CONTROL) ORDER-2016 IN SO FAR AS IT RELATES TO PRESCRIBING THE AGE OF THE DEATH OF THE AUTHORISED HOLDER TO BE BELOW 65 YEARS AS ILLEGAL AND VIOLATIVE OF FUNDAMENTAL RIGHTS GUARANTEED UNDER CHAPTER III OF THE CONSTITUTION OF INDIA; (B) ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING IMPUGNED ORDER BEARING NO.JANIMY/SA.GRA/FPS/10/2025-26 DATED 2/12/2025 ISSUED BY 2ND RESPONDENT PRODUCED AS PER ANNEXURE-D BY DECLARING THE SAME AS ILLEGAL AND WITHOUT THE AUTHORITY OF LAW AND; (C) WRIT OF MANDAMUS DIRECTING RESPONDENTS TO TRANSFER THE AUTHORISATION RELATING TO FAIR PRICE DEPOT AT GULUVINA ATHIGUPPE VILLAGE, SALIGRAMA TALUK, MYSORE DISTRICT TO THE NAME OF THE PETITIONER ON COMPASSIONATE GROUNDS AND THEREBY PERMIT THE PETITIONER TO CONTINUE - 3 - HC-KAR NC: 2026:KHC:4043 WP No. 1359 of 2026 THE DISTRIBUTION OF COMMODITIES TO THE CARD HOLDERS AS HAS BEEN STATED IN THE APPLICATION DATED 6/10/2025 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-C. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the second respondent's Endorsement dated 02.12.2025. The second respondent has rejected the petitioner's application for transfer of authorization to run a Fair Price Depot and the petitioner's request for transfer is on the demise of his father Mr. Krishnegowda on 28.09.2025. The petitioner's father was issued with authorization to run a Fair Price Depot at Guluvina Athiguppe village, Saligrama Taluk, Mysuru District. The second respondent has rejected the petitioner's application citing the age of the petitioner's father. - 4 - HC-KAR NC: 2026:KHC:4043 WP No. 1359 of 2026 Mr. A.V.Gagadharappa, the learned counsel for the petitioner, submits that the second respondent could not have rejected the request for transfer of authorization because of his father's age as of the date of his demise emphasizing that this Court's consistent view has been that the authorization must be transferred irrespective of the age and educational qualification of the authorization holder. Mrs.Saritha Kulkarni, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard in the light of the afore. This Court finds considerable force in the submissions because irrefutably this Court's consistent view has been that the transfer of authorization cannot be rejected on these grounds. Therefore, the following: ORDER [a] The petition is allowed. [b] The impugned Endorsement dated 02.12.2025 [Annexure-D] is quashed directing the second respondent to - 5 - HC-KAR NC: 2026:KHC:4043 WP No. 1359 of 2026 transfer the authorization in favour of the petitioner. [c] If the petitioner satisfies all other requirements, this transfer shall be completed within a period of two [2] months from the date of receipt of a certified copy of this order. SD/- (B M SHYAM PRASAD) JUDGE SA