- 1 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8625 OF 2026 (GM-PDS) BETWEEN: D.N.HARIRAJ, AGED ABOUT 34 YEARS, S/O.D.N.NAGARAJU, RESIDING AT NO.08, RAIPUR MAIN ROAD, J.J.R.NAGAR, BANGALORE SOUTH, CHAMARAJPET, BANGALORE - 560 018. …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, WEST RANGE, RAJAJINAGAR, BANGALORE. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5TH FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE - 560 052. …RESPONDENTS (BY SMT.AMARAVATHY H.R., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE IMPUGNED ENDORSEMENT DATED 05.06.2025 ISSUED BY THE SECOND RESPONDENT IN NO. DRA/PR 009/2010-11 AT ANNEXURE - B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner in the captioned petition is aggrieved by the impugned endorsement dated 05.06.2025 issued by respondent No.2 as per Annexure-B, wherein petitioner's request for transfer of fair price depot authorization on compassionate ground is declined on the premises that petitioner's father was aged above 65 years. - 3 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 2. Heard the petitioner's counsel and learned Additional Government Advocate for respondents. 3. A perusal of the records, it is evident that petitioner's father was granted authorization to run a fair shop for the distribution of food grains under the Karnataka KEC (PDS) Control Order, 1992. Upon death of his father, petitioner filed an application/representation dated 29.05.2025seeking transfer of authorization granted to his father on compassionate grounds. The authority has declined to transfer the authorization on the premises that the original licence holder at the time of death had exceeded 65 years. The said issue is substantially addressed in catena of judgments rendered by this Court. The relevant portion of the order passed in W.P.No.31745/2024 is extracted as under: 3. This Court, in similar circumstances in W.P. No.765/2024 and connected matters, has passed the following order: "In all these petitions, the petitioners, who are the sons, spouse, and both married and unmarried daughters of the deceased dealers, seek the - 4 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 transfer of authorization to operate fair price shops under the Public Distribution System (Control Order, 1992) on compassionate grounds. The deceased dealers had been granted authorization during their lifetime, and upon their passing, the petitioners submitted applications requesting the transfer of the said authorization. 2. The petitioners' applications were rejected on the grounds that married daughters are not entitled to the transfer of authorization on compassionate grounds, they did not meet the requisite qualifications, and the age of the deceased license holders at the time of death exceeded 65 years. 3. The learned counsels for the petitioners contended that the original authorization was granted under the Control Orders of 1986 and 1992, and as per the provisions of unamended Clause 13, there was no restriction on the transfer of authorization on compassionate grounds. The petitioners argued that the amended Control Orders of 2016, 2017, and 2021 are not applicable to authorizations granted under the unamended orders. Furthermore, the petitioners contended that married daughters are equally entitled to the transfer of authorization on compassionate grounds, - 5 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 citing the decision of a Co-ordinate Bench of this Court in W.P. No. 51361/2019. 4. On the contrary, the learned counsel for the respondents, along with the learned Additional Government Advocate (AGA) representing the State, argued that the amended Clause 13 of the Control Orders of 2016, 2017, and 2021 explicitly prohibits the transfer of authorization on compassionate grounds if the authorized dealer dies after reaching the age of 65 years or if the transferee does not possess the prescribed qualifications. They relied on the decision of a Co-ordinate Bench of this which were disposed of on 23.12.2021, to support their Court in W.P. No. 13559/2020 and connected petitions. position. 5. After carefully considering the arguments put forth by the learned counsels for the parties, the key point for deliberation is whether the petitioners are entitled to the transfer of authorization to run fair price shops on compassionate grounds. 6. Clause 13 of the unamended Public Distribution System (Control Order, 1992) dealt with the prohibition of the transfer of authorization. It states - 6 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 that no authorized dealer shall assign or transfer their authorization to any other person, nor shall any person carry on business on behalf of such an authorized dealer. However, a proviso to Clause 13 allows for the transfer of authorization in the event of the death of an authorized dealer, with prior approval of the Government, to the spouse, son, or unmarried daughter of the deceased. 7. Subsequent amendments to Clause 13, made in 2016, 2017, and 2021, introduced restrictions on the transfer of authorization on compassionate grounds. The amended provisions prohibit such transfers if the authorized dealer was over the age of 65 at the time of death or if the transferee had not completed the 10th standard and did not apply for the transfer within 90 days of the death. 8. A Co-ordinate Bench of this Court, in W.P. No. 13559/2022, upheld the validity of the amended proviso to Clause 13, but it was dealing with a challenge related to the renewal of authorization on compassionate grounds. In W.P. No. 55097/2017, disposed of on 11.12.2017, this Court held that the condition regarding the age limit imposed in the amended Clause 13 was not sustainable. The decision in W.P. No. 204335/2014, which was followed in W.P. No. 43249/2017, ruled similarly. - 7 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 Furthermore, in W.P. No. 103408/2023, disposed of on 12.06.2023, this Court reiterated that the restrictions introduced in the Control Orders of 2016, 2017, and 2021 were prospective in nature and could not be applied retrospectively to authorizations granted under the unamended Control Order of 1992. Therefore, these restrictions are only applicable to applicants seeking fresh authorizations and not to existing authorized dealers or their legal heirs. 9. In W.P. No. 51361/2019, the Co-ordinate Bench of this Court addressed the issue of whether married daughters are entitled to the transfer of authorization. In paragraph 3, it was held that the Control Orders of 2016 and 2021, which provide for the transfer of authorization to unmarried daughters or widowed daughters with no source of income, cannot discriminate against married daughters solely on the basis of their marital status, provided they have no independent source of income. Such discrimination violates Articles 14 and 15 of the Constitution of India, which guarantee equality before the law and prohibit discrimination on the grounds of sex. This view is supported by the decision in *Bhuvaneshwari*, where the Court held that the principle of equality extends to matters of compassionate appointments as well. The Supreme - 8 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 Court also affirmed this view in S.L.P. (C) No. 20166/2021, disposed of on 17.12.2021. 10. The decision of the Co-ordinate Bench clearly establishes that there can be no discrimination between married and unmarried daughters when it comes to the transfer of authorization on compassionate grounds. Discriminating against daughters based solely on their marital status violates the principles of equality enshrined in Articles 14 and 15 of the Constitution of India. 11. In light of the foregoing, it is evident that the spouse, sons, adopted sons, and both married and unmarried daughters of deceased authorized dealers, who have attained the age of 18 years, are entitled to the transfer of authorization on compassionate grounds. Denial of such transfers on the grounds of marriage or other arbitrary criteria is discriminatory and unsustainable in law. 4. In the light of above, the present endorsement is unsustainable and therefore, is liable to be set aside. For the forgoing reason, this Court passes the following: O R D E R (i) The writ petition is hereby allowed. - 9 - HC-KAR NC: 2026:KHC:15921 WP No. 8625 of 2026 (ii) The impugned endorsement dated 05.06.2025 issued by respondent No.2, produced at Annexure–B, is quashed. (iii) Respondent No.2 is directed to reconsider the claim of the petitioner for transfer of authorization to run the fair price shop on compassionate grounds, strictly in the light of the law laid down by this Court in W.P. No.31745 of 2024 and connected matters. (iv) While undertaking such consideration, respondent No.2 shall not reject the petitioner’s claim on the ground that the original license holder had exceeded 65 years of age at the time of death. (v) Upon such reconsideration, if the petitioner is otherwise eligible, respondent No.2 shall issue authorization in favour of the petitioner, without insisting upon any permission from respondent No.3. (vi) The aforesaid exercise shall be completed within a period of three (3) months from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SS List No.: 1 Sl No.: 23