- 1 - HC-KAR NC: 2026:KHC:13721 WP No. 7433 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7433 OF 2026 (GM-PDS) BETWEEN: SATHISH R S/O LATE M. RAMACHANDRA REDDY AGED 40 YEARS R/O MERALURU VILLAGE ANEKAL TALUK BENGALURU DIST - 572 107. …PETITIONER (BY SRI M.B. CHANDRA CHOODA, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M.S.BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN BENGALURU - 560 001. 3. THE JOINT DIRECTOR & AUTHORIZED OFFICER FOOD AND CIVIL SUPPLIES & CONSUMER AFFAIRS BENGALURU DISTRICT PIN - 560 001. 4. TAHASILDAR ANEKAL TALUK, ANEKAL BENGALURU DISTRICT - 572 107. …RESPONDENTS (BY SMT. AMARAVATHY H.R, AGA) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13721 WP No. 7433 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 30/01/2026 BEARING NO. GAA(N)AA.NYA.BE. AM.PRA.CG/01 /2025-26 PASSED BY THE JOINT DIRECTOR, (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS)BENGALURU DISTRICT, BENGALURU, VIDE ANNEXURE-D. 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 1. Captioned petition is filed assailing the impugned endorsement dated 30.01.2026 bearing No.GAa(N)Aa.Nya.Be.Am.Pra.CG/01/2025-26 issued by respondent no.3 - Joint Directed (Food, Civil Supplies and Consumer Affairs) Bengaluru District, Bengaluru at Annexure-D thereby declining to transfer of authorization of PDS license on compassionate ground on the ground that the petitioner's father / original licensee was aged beyond 65 years and the applicant is also found to be aged about 40 years. The said order is impugned in the captioned petition. - 3 - HC-KAR NC: 2026:KHC:13721 WP No. 7433 of 2026 2. Heard the learned counsel for the petitioner and learned AGA for the respondents - State. 3. On perusal of the records it is clearly evident that the petitioner's father was holding license to distribute food grains was aged beyond 65 years. This factual matrix is not in dispute. It is also not in dispute that, petitioner's age as on the date of submitting application was found to be 40 years. 4. The petitioner has placed reliance on the judgment rendered by the co-ordinate bench of this Court squarely addressing the issue relating to the age of the original licensee and age of the legal heirs, who intend to seek transfer of the authorization on the ground that he is a legal heir. 5. A Coordinate Bench of this Court in W.P.No.1018/2026 has reiterated the consistent view taken by this Court that, in matters relating to transfer of authorization of a Fair Price Shop (PDS), the competent authority is required to consider the request of the legal heir for transfer of authorization and the same cannot be rejected merely on the ground relating to the age of the original authorization holder - 4 - HC-KAR NC: 2026:KHC:13721 WP No. 7433 of 2026 or the qualification of the legal heir. In the said decision, the Coordinate Bench directed the authorities to reconsider the application submitted by the legal heir in accordance with law. The principles laid down in the said judgment are squarely applicable to the facts of the present case. The circumstances of the case on hand are substantially similar and analogous to those dealt with in the judgments relied upon by the learned counsel for the petitioner, which are produced at Annexure-E. 6. Having regard to the above, this Court finds considerable force in the submissions made by the learned counsel for the petitioner. The authority, while rejecting the petitioner’s application, has failed to take note of the settled position of law consistently laid down by the Coordinate Benches of this Court in regard to transfer of authorization to the legal heirs of the original authorization holder. The rejection of the application, therefore, cannot be sustained, particularly when the issue relating to the age of the original licensee and the eligibility of the legal heirs has already been considered and clarified in a catena of decisions rendered by this Court. - 5 - HC-KAR NC: 2026:KHC:13721 WP No. 7433 of 2026 7. In view of the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned endorsement dated 30.01.2026 bearing No. GAa(N)Aa.Nya.Be.Am.Pra.CG/01/2025-26 issued by respondent No.3 – Joint Director (Food, Civil Supplies and Consumer Affairs), Bengaluru District, Bengaluru, produced at Annexure-D, is hereby quashed and set aside. (iii) Respondent No.3 is directed to consider the petitioner’s request for transfer of authorization in accordance with law and, if the petitioner satisfies all other statutory requirements, the authorization shall be transferred in favour of the petitioner. - 6 - HC-KAR NC: 2026:KHC:13721 WP No. 7433 of 2026 (iv) The aforesaid exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NMS List No.: 1 Sl No.: 21