IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH 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, Digitally signed by CHAITHRA A REPRESENTED BY ITS Location: HIGH COURT OF PRINCIPAL SECRETARY TO GOVERNMENT, KARNATAKA 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.

3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, 5^TH 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.

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 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, 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 re