IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 17899 OF 2022 (GM-PDS)

BETWEEN: BASAREDDY

AGED ABOUT 75 YEARS

S/O LATE CHIKOBAREDDY

RESIDING AT THIPPAPURA VILLAGE

I.D. HALLI HOBLI

MADHUGIRI TALUK

TUMKUR DISTRICT - 572 132.

…PETITIONER

(BY SRI. HARSHA KUMAR GOWDA H R., ADVOCATE)

AND:

1. STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL

Digitally signed

SECRETARY TO GOVERNMENT

by SUMA B N

Location: HIGH FOOD, CIVIL SUPPLIES AND

COURT OF

KARNATAKA CONSUMER AFFAIRS DEPARTMENT

VIKAS SOUDHA,

DR. B.R. AMBEDKAR VEEDHI,

BENGALURU - 560 001.

2. THE JOINT DIRECTOR

FOOD, CIVIL SUPPLIES AND

CONSUMER AFFAIRS DEPARTMENT

TUMKUR DISTRICT - 572 101.

3. THE DEPUTY COMMISSIONER (FOOD)

FOOD, CIVIL SUPPLIES AND

CONSUMER AFFAIRS DEPARTMENT TUMKUR DISTRICT - 572 101.

4. THE TAHASILDAR MADHUGIRI TALUK, MADHUGIRI - 572 132.

…RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SPECIAL NOTIFICATION DATED 02.08.2022/12.08.2022 ISSUED BY THE R2 IN NO.FSD/FPD/CR-68/2022-23 PRODUCED AT ANNEXURE-F AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

The only grievance of the petitioner is that by impugned notification dated 02.08.2022/12.08.2022 produced at Annexure-F, respondent No.2/Joint Director, Food and Civil Supplies has proposed to reduce 108 ration cards which were earlier allotted to the petitioner to be issued for the purpose of accommodating an area coming under Thippapura Thanda.

2. Learned counsel for petitioner submits that the said order is arbitrary without any reasoning. He also relies upon the order of the Co-ordinate Bench of this Court, produced at Annexures- J and K passed in W.P.No.3514/2022 dated 21.02.2022 and W.P.No.7358/2022 dated 20.04.2022 to submit that the representation given by the petitioner as per Annexure-H needs to be considered.

3. Learned Additional Government Advocate on the other hand submits that the notification at Annexure-F has been issued in the interest of residents of Thippapura Thanda. In furtherance to the proviso to Clause No.11(2) of PDS Control Order, 2016 which vests with the authorized authority power to relax the limit upto 100 cards for a fair price shop depot in the rural area. Said order is passed keeping in mind the larger public interest and the same cannot be found fault with.

4. On a query by this Court as to the reasons for issuance of the said notification, She fairly submits that except mentioning the convenience of the residents of Thippapura, no reasons are assigned with regard to incapacity of petitioner, if any to serve the need.

5. Heard and perused the records.

6. Clause 11(2) of PDS Control Order, 2016 reads as under:

11(2). The number of ration cards assigned to a fair price depot under sub-clause (1) shall not be less than 500 for a fair price depot in a rural area and not less than 800 for a fair price depot in an urban area:

Provided that the Authorised Authority may, for reasons to be recorded in writing, relax the limit upto 100 cards for a fair price depot in a rural area if the fair price depot is to serve the needs of an isolated settlement or layout where the number of ration cards is below the limit prescribed viz., special area like tribal hadis/tandas/gollarahatti etc.

7. Admittedly, petitioner was authorized to run the fair price shop and was allotted 455 cards. By the impugned notification respondent No.2-Joint Director has called for applications for allotment of 108 ration cards in respect of fair price shop in Thippapura Thanda. The said notification merely states that "for the convenience of the residents or beneficiaries of Tippapura Thanda", the impugned order is passed. The said notification does not indicate any reason whatsoever with regard to incapacity or incapability of the petitioner, if any, to cater to the need