Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9170 WP No. 584 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 584 OF 2023 (GM-PDS)
BETWEEN:
K N BYAPPA REDDY AGED ABOUT 65 YEARS S/O LATE NANJAPPA R/O KONREDDIPALLI VILLAGE KASABA HOBLI BAGEPALLI TALUK CHICKBALLAPUR DISTRICT - 562 101
…PETITIONER (BY SRI. SHIVARAMU H C., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES GROUND FLOOR VIKAS SOUDHA BANGALORE-560001.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:9170 WP No. 584 of 2023
2.
THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES CHICKBALLAPUR DISTRICT CHICKBALLAPUR - 562 101
3.
THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES CHICKBALLAPUR DISTRICT CHICKBALLAPUR - 562 101
…RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 15.11.2022 ISSUED BY THE R2 IN. NO.AA NA SA/DRA/CR/FRD/03/2022-23 AT ANNEXURE- B; DIRECT TO THE R2 AND R3 DEEM FIT IN THE CIRCUMSTANCES OF THE CASE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:9170 WP No. 584 of 2023
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayer:
"i) Issue a writ of certiorari or similar writ or order or direction to quash the impugned notification dated 15.11.2022 issued by the second respondent in No.Aa Na Sa/DRA/CR/FPD/03/2022-23 at Annexure - B; and ii) issue writ of mandamus or any other appropriate writ or order or direction to the respondent Nos. 2 and 3 deem fit in the circumstances of the case."
2. The petitioner is an allottee of a Fair Price Shop. He is running the Fair Price Shop in Konreddipalli village, Kasaba Hobli. In the neighboring villages, the Fair Price Shops that were being run were closed. In that light, a notification comes to be issued on 15.11.2022 identifying all those wards in which Fair Price Shops were necessary. One of the wards notified was the merger of the cards that had happened pursuant to 01.09.2017. Therefore, the petitioner rushes to
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NC: 2025:KHC:9170 WP No. 584 of 2023
this Court that his cards would be taken away. In terms of law i.e., Clause 11 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, the minimum cards for a Rural area and the Urban area is depicted to be 500 and 800 respectively and the said card should be maintained as far as possible. The petitioner, if he is running his fair price shop in Konreddipalli ward, the petitioner cannot cause an impediment allotted to other persons in the other wards.
3.
Learned counsel for the petitioner would restrict his submission that if cards in terms of Clause 11 of the PDS Control Order are maintained, he would not press for any other prayer in the subject petition.
4. Therefore, the State is directed to go ahead with the notification dated 15.11.2022, of the ward, which has become the subject matter of the present petition also and the State shall see to that, the cards maintained in each of the fair price shop in the Rural area, in accordance with law i.e., in terms of Clause 11 of the PDS Control Order.
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NC: 2025:KHC:9170 WP No. 584 of 2023
5. With the aforesaid observations, the writ petition stands disposed.
Sd/- ______________________ JUSTICE M.NAGAPRASANNA
KG List No.: 1 Sl No.: 57