IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 R BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29467 OF 2025 (GM-PDS)

BETWEEN:

YELLADAKERE PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA (R), REP. BY ITS CHIEF EXECUTIVE OFFICER, D.NINGANNA S/O LATE DODDA KARIYAPPA, AGED ABOUT 43 YEARS, YELLADAKERE, HIRIYURU TALUK-577 599, CHITRADURGA DIST.

UNDER CO-OPERATIVE SOCITIES ACT.

…PETITIONER (BY SRI ABHISHEK M B, ADVOCATE)

AND:

1. THE COMMISSIONER, FOOD, CIVIL SUPPLIES AND CONSUMER Digitally signed AFFAIRS DEPARTMENT, by SHWETHA MARKETING FEDERATION BUILDING, RAGHAVENDRA CUNNINGGHAM ROAD, BENGALURU-560 052.

Location: HIGH COURT OF KARNATAKA

2. THE DEPUTY COMMISSIONER (FOOD), CHITRADURGA, CHITRADURGA-577 501.

3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, CHITRADURGA-577 501.

4. THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, CHITRADURGA-577 501. 5. THE TAHASHILDAR, HIRYURU TALUK OFFICE, HIRIYUR-577 599.

…RESPONDENTS (BY SMT. K.P YASHODHA, AGA THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION BEARING NO. FS D/HO NYA BE AN. C R/305/2024-25 DATED 01.09.2025 ISSUED BY R-3 -JOINT DIRECTOR PRODUCED AT ANNEXURE-D WHICH IS REQUIRES TO BE QUASHED AND SET ASIDE AS IT IS ARBITRARY, ILLEGAL, UNJUST AND UNCONSTITUTIONAL ETC.

THIS PETITION, COMING ON FOR PRELIMINARYHEARING, 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 to

5.

2. The petitioner is before this Court seeking for the following reliefs;

a. "Issue/pass an order in the nature of certiorari, quashing the impugned notification bearing no. ಎ ಎ(cid:3) (cid:4)/(cid:5)ೊ.(cid:8)ಾ(cid:10).(cid:11)ೆ.ಅಂ/(cid:14). ಆ(cid:16)/ 305/2024-25 issued by 3^rd respondent-joint director, produced at ANNEXURE-'D' which is requires to be quashed and set-aside as it is arbitrary, illegal, unjust &

unconstitutional, in the interest of justice. Equity &

good conscience.

b. Issue other suitable writs, order or directions to the respondents as this Hon'ble Court deems fit and proper in the facts and circumstances of this case and interest of justice and equity, good conscience."

3. The petitioner is a Society registered under the Karnataka Co-operative Societies Act, 1959 and has been granted an authorisation to run a Fair Price Shop in Halumadenahalli Village. The said authorisation has been extended from time to time and is currently valid until 08.11.2026.

4. The petitioner is before this Court challenging a notification dated 01.09.2025 which has been issued inviting applications for one another Fair Price Shop in said area.

5. Submission of Sri.Abhishek.M.B., learned counsel for the petitioner is that the authorisation of the petitioner has been extended until 08.11.2026, no fresh authorisation could be issued in the very same area and as such the notification which has been issued is completely arbitrary and violative of the rights of the petitioner under Article 19(1) (g) of the Constitution and as such is required to be quashed.

6. I am unable to agree with the submission of the learned counsel for the petitioner inasmuch as the authorisation in favour of the petitioner has not been disturbed; there is no cancellation of the said authorisation, which has been resorted to by the respondents. The respondents have issued a notification for the establishment of one more Fair Price Shop, taking into consideration that there are more than 900 cardholders in the said area.

7. Clause-11 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, is reproduced hereunder for easy reference;

Clause-11. Assignment of ration cards: (1) After sanctioning an authorization to run a fair price depot, the Authorised Authority shall assign to the fair price depot a certain number of ration cards belonging to persons resi