Authorised authorities may sanction additional fair price shops to improve service for cardholders, provided the minimum card threshold of 500 for rural and 800 for urban areas is maintained for existing depots as per the PDS Control Order, 2016.

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION/PUBLICATION DATED 26.04.2022 ISSUED BY THE R-3 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

Though the impugned notification pertains to and applies to fair price shops coming with the jurisdiction of Belagavi District and the matter was required to be heard before the Dharwad Bench of this Court, with the consent of the parties, matter is taken and disposed of.

2. Petitioner who claims to have been running the fair price shop/Depot, is before this Court being aggrieved by the notification/publication dated 26.04.2022 issued by the respondent-Joint Director of Food, Civil Supplies and Consumer Affairs Department, Belagavi, proposing to open additional/new fair price shop at Khavatakoppa Village, Athani Taluk, Belagavi District.

3. Case of petitioner is that he has been running the fair price shop since 30 years with 1197 cards attached to his depot and if the respondent authority opens another fair price shop as intended or proposed, they would not only shift some of his ration cards to the new shop but would also deprive opportunity of earning his livelihood. He further submits that if the respondent authority is required to open a additional fair price shop, petitioner himself be given opportunity to open such additional shop and he would cater to the requirement of the locals. In support of his submission, he relies upon the order of the Co-ordinate Bench of this Court dated 21.02.2022 passed in W.P.No.3514/2022 as well as the order dated 05.01.2026 passed by this Court in W.P.No.17899/2022.

4. In response learned Additional Government Advocate submits that the notification/publication impugned in this writ petition is strictly issued in terms of clause 11(2) of the PDS Control Order, 2016 . Petitioner has already been attached with 1197 ration cards and as per the Control Order in respect of fair price shop located in the rural area, 500 cards are attached and in the case of urban area, 800 cards are attached. Even if part of the ration cards attached to the petitioners are withdrawn and allotted to the new shop proposed to be opened, the petitioner would still be entitled to retain 500 or 800 cards as the case may be, which would not in any case cause prejudice to the petitioner.

5. Heard and perused the records.

6. Clause 11(2) of the PDS Control Order, 2016 read 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 who claims to have been running the fair price shop for over 30 years is attached with 1197 ration cards. The minimum ration cards attachable to a fair price shop is 500 in respect of rural area and 800 in respect of urban area and the ration cards attached to petitioner are in excess of the same.

8. The publication dated 26.04.2022 also provides list of entities, persons/individuals, who have to be given priority for issuance of authoriz