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NC: 2026:KHC:22379

WP No. 25986 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 25986 OF 2023 (GM-PDS)

BETWEEN:

SRI ESHAWA REDDY T.N.,

S/O LATE NAGA REDDY

AGED ABOUT 36 YEARS

R/O NO.46, NEAR BASAVESHWARA TEMPLE

CHIKKAHALLI VILLAGE

BYADAREDDYAHALLI POST

CHALLAKERE TALUK

CHITRADURGA DISTRICT-577 543

…PETITIONER

(BY SRI. RAVINDRA V.S., ADVOCATE)

AND:

1. THE COMMISSIONER

FOOD CIVIL SUPPLIES AND

Digitally CONSUMER AFFAIRS

signed by

SUVARNA T DEPARTMENT OFFICE

L Ho Ic Ga Hti o Cn O:

UR T

NO.8, CUNNINGHAM MAIN ROAD

OF BENGALURU-560 052

KARNATAKA

2. THE JOINT DIRECTOR

FOOD AND CIVIL SUPPLIES AND

CONSUMER AFFAIRS DEPARTMENT

CHITRADURGA-577 501

3. THE DEPUTY COMMISSIONER

CHITRADURGA-577 501

4. TASILDAR

CHITRADURGA TALUK OFFICE

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NC: 2026:KHC:22379

WP No. 25986 of 2023

HC-KAR

CHITRADURGA-577 501

5. B.R.AMBEDKAR SWASAHAYA SANGHA

CHIKKAHALLI VILLAGE

CHALLAKER TALUK

CHITRADURGA DIST-577543

REPRESENTED BY ITS SECRETARY

SMT.RAMABAI

…RESPONDENTS

(BY SRI.MAHANTESH SHETTAR, AGA FOR R1 TO R4

SRI.C.P.PUTTARAJA, ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO QUASHING THE

IMPUGNED ORDER DATED 09.08.2023 PASSED BY THE

SECOND RESPONDENT VIDE NO. 14/2020-21 AND

CONSEQUENTLY QUASH THE ALLOTTING OF THE FAIR PRICE

SHOPS IN THE NAME OF THE 5^TH RESPONDENT CHIKKAHALLI,

CHALLAKERE TALUK FOR DISTRIBUTION OF ESSENTIAL

COMMODITIES TO CARD HOLDERS AS PER (ANNEXURE-J) AND

CONSIDER THE APPLICATION OF THE PETITIONER

(ANNEXURE-B) SUBMITTED BY THE PETITIONER ON

03.05.2021, BY ALLOWING THE WRIT PETITION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2026:KHC:22379

WP No. 25986 of 2023

HC-KAR

ORAL ORDER

The present writ petition is filed seeking the following

prayer:

"PRAYER

Wherefore the petitioner respectfully prays that this

Hon'ble court be pleased to

A) Issue a writ of certiorari by quashing the Impugned

order dated: 09.08.2023 passed by the second

respondent vide No. 14/2020-21 and consequently

quash the allotting of the fair price shops in the name of

the 5^th Respondent chikkahalli, Challakere taluk for

distribution of essential commodities to card holders as

per(Annexure-J) and consider the application of the

Petitioner (Annexure-B) Submitted by the Petitioner on

03.05.2021, by allowing the Writ Petition.

B) Issue a writ of Mandamus by directing the Second

respondent to re- do the process of verification,

consideration and passing of the order afresh by doing

draw of lots as per Rule 6(1)(b) (iii) of the Karnataka

Essential commodities Public Distribution System

(Control) order 2016, by cancelling the allotment of fair

price shops in the name of the 5th respondent.

C)Issue such other directions of relief by directing the.

Respondents in this regard, if deem fit according to facts

and circumstances."

2. It is the grievance of the petitioner that the respondent

No.2 has allotted the fair shop to respondent No.5 who is

ineligible. The facts of the case are that pursuant to the

notification issued by respondent No.2 dated 19.04.2021, the

petitioner submitted the application under the handicap

category and the petitioner fulfilled all the requirements. It is

stated that five applications were submitted to respondent No.2

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NC: 2026:KHC:22379

WP No. 25986 of 2023

HC-KAR

seeking allotment of the new fair shops as per the notification.

It is stated that there are nearly four self-help stree shakthi

groups along with the petitioner. But the respondent No.2 had

allotted the fair shop to respondent No.5. It is the contention of

the petitioner that as per clause 6 1(b) (iii) of the Karnataka

Essential Commodities Public Distribution System (Control)

order, 2016, the societies which are financially sound (as

verified from the audit account of the last 3 years) and has

been functioning at least for 3 years prior to the date of

consideration of the a