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2026 Supreme(Online)(Kar) 11921
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF MARCH, 2026
PRESENT: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT APPEAL NO.100419 OF 2024 (GM-PDS)
BETWEEN:
SRI. VEERARUDRA VIVIDHA UDDESHAGALA SOUHARD SAHAKARI NIYAMIT, SASALATTI—587315, REP. BY ITS CEO/SECRETARY, SRI. MALLAPPA S/O. SHIVALING KARIGAR, AGE. 30 YEARS, OCC. SECRETARY, R/O. SASALATTI, TQ. RABAKAVI-BANHATTI, DIST. BAGALKOTE-587315.
…APPELLANT
(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)
AND:
VISHALNINGAPPA PATTIHAL
1. THE GOVERNMENT OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DVPLOD oAIi HF Sg cT A iH aK T t R t a A AIi l Ho WR lLy nA N A N : s L DAH iIgN T I B n GA Ge EKH dA NA Pb C C Py O H A URT D A M N E .S D P . A C B R O U T I N M L S D E U N IN M T G E O , R F V A I F D F O H F O A A D I N R A A S N , S D O U C D IV H I A L , S UPPLIES, BANGALURU-560001.
2. THE DEPUTY COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, BAGALKOTE, DIST. BAGALKOTE-587101.
3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, AND CONSUMER AFFAIRS, BAGALKOTE, DIST. BAGALKOTE-587101.
4. THE TAHASILDAR RABAKAVI-BANAHATTI, DIST. BAGALKOTE-587101.
5. SHRI. VEEERABHADRESHWAR VIVIDHA UDDESHAGALA SAHAKARI SANGHA NIYAMIT, SASALATTI-587315, TAL. RABAKAVI-BANAHATTI, DIST. BAGALKOT, REPRESENTED BY ITS SECRETARY.
…RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R1 TO R4; SRI. M.H.PATIL, ADVOCATE FOR C/R5)
In view of the above, the writ appeal is dismissed.
Sd/-
(B.M.SHYAM PRASAD)
JUDGE
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
CT:VH List No.: 1 Sl No.: 2
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, SET ASIDE THE IMPUGNED ORDER DATED 5/09/2024 PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION NO.105258/2024 AND ALLOW THE WRIT APPEAL, IN THE INTEREST OF JUSTICE.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
1 This intra-court appeal is directed against the order dated 05.09.2024 passed by the learned single judge in writ petition No.105258 of 2024.
2. There was a paper publication/advertisement calling for applications to open a new Fair Price shop. The appellant -petitioner applied to respondents for grant of license to run a Fair Price shop in Sasalatti Village on 15.03.2023. Respondent No.5 has also made an application for grant of license to run a Fair Price shop in Sasalatti Village. The Tahsildar conducted spot inspection on the said Societies and submitted report stating that both are eligible (vide annexure-D). The Joint Director i.e., respondent No.3, on consideration of the report of the Tahsildar, granted licence to respondent No.5 on 09.08.2023 (vide annexure-E). The appellant -petitioner approached this Court, this Court has directed the appellant -petitioner to approach the Appellate Forum vide order dated 16.08.2023. Thereafter, the appellant -petitioner has approached the Appellate Authority. The Appellate Authority has dismissed the appeal of the appellant –petitioner (annexure-L). The appellant -petitioner has challenged both Annexures -E and L in the writ petition. The writ Court considering the Karnataka Essential Commodities (Public Distribution System) Control Order specifically the Rule contained in Rule No.6 has observed that the appellant - petitioner is not ‘co-operative society’ registered under the Karnataka Co-operative Societies Act, 1959 and dismissed the writ petition. The said order of the learned single judge has been challenged in the present writ appeal.
3. Heard learned counsel for the appellant -petitioner, learned counsel for respondent No.5 and learned AGA for respondent Nos.1 to no. 4.
4. Learned counsel for the appellant –petitioner would contend that the term used is ‘society’ in Clause 6 of Karnataka Essential Commodities (Public Distribution System) Control Order 2016 as amended by amendment Order 2018, the appellant -petitioner is a society registered under the Karnataka Souharda Sahakari Act, 1997 and therefore, the appellant -petitioner is eligible for grant of license to run Fair Price shop. The financial viability has to be looked into as per Note (ii) of Clause 6 of the Rules of Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 and the same has not been considered. The priority has been given to the respondent No.5 on the basis of the report of the Tahsildar that it is registered 02 months prior to the registration of the appellant –petitioner society.
5. Learned counsel for respondent No.5 and learned AGA for respondent Nos.1 to 4 have support the reasons assigned by the learned single judge.
6. Having heard learned counsels, we have perused the impugned order and other materials placed on record.
7. Annexure -A is registration certificate of the appellant -petitioner dated 29.09.2012. The appellant - petitioner has been registered as ‘Souharda Sahakari’ under Karnataka Souharda Sahakari Act, 1997. The appellant - petitioner is not a ‘co-operative society’ registered under the Karnataka Co-operative Societies Act, 1959. The order of priority for grant of authorization in respect of required Fair Price shop is provided in Clause 6 of Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. As amended by amendment Order 2018, Clause 6 of Karnataka Essential Commodities (Public Distribution System) Cont
