- - HC-KAR NC: 2025:KHC:42877 WP No. 10855 of 2020 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 10855 OF 2020 (GM-PDS) BETWEEN: 1. SRINIVASA B. S/O BASAVARAJ AGED ABOUT 33 YEARS, RESIDING AT BUKKASAGARA VILLAGE, MATHODU HOBLI, HASADURGA TALUK, CHITRADURGA DISTRICT- 577533. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU- 560 001. 2. THE DEPUTY COMMISSIONER (FOOD) DEPARTMENT OF FOOD AND CIVIL SUPPLIES. CHITRADURGA DISTRICT CHITRADURGA- 577501. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - - HC-KAR NC: 2025:KHC:42877 WP No. 10855 of 2020 2 3. THE JOINT DIRECTOR (FOOD) FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, CHITRADURGA DISTRICT, CHITRADURGA- 577501. 4. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, CHITRADURGA DISTRICT, CHITRADURGA- 577501. 5. THE SECRETARY SRI. VAYUPUTRA GRAMINABIRUDDI SANGA, BUKKASAGARA, MATHODU HOBLI, HASADURGA TALUK, CHITRADURGA DISTRICT- 577533. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R4; SRI. GOPALA KRISHNAMURTHY, ADVOCATE R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER /OFFICIAL MEMORANDUM DATED 10.8.2020 PASSED BY THE RESPONDENT NO.3 PRODUCED AT ANNEXURE-D; 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 E.S.INDIRESH - - HC-KAR NC: 2025:KHC:42877 WP No. 10855 of 2020 3 ORAL ORDER In this writ petition, the petitioner is assailing the Official Memorandum dated 10.08.2020, (Annexure-D) passed by respondent No.3 inter-alia sought for direction to the respondent No.3 to re-consider the application dated 12.12.2019, filed by the petitioner, for authorizing Fair Price Depot. 2. Heard Sri. Harsha Kumar Gowda H.R., learned counsel appearing for the petitioner; Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent-State and Sri. Gopala Krishna Murthy, learned counsel appearing for the respondent No.5. 3. Sri. Harsha Kumar Gowda H.R., learned counsel for the petitioner, refers to the conditions stipulated in the Notification dated 18.11.2019, (Annexure-A), and submitted that, the respondent - - HC-KAR NC: 2025:KHC:42877 WP No. 10855 of 2020 4 No.5, has not produced the relevant document before the original authority to satisfy the condition Nos.7 and 8 of the above notification. Accordingly, sought for interference of this Court. 4. Per contra, Sri. Gopala Krishna Murthy, learned counsel for respondent No.5, produced the audit report pertaining to the Financial Year 2018-19 along with the General Body Proceedings of respondent No.5–Society. He further contended that the said Society is actively functioning and, therefore, sought for dismissal of the writ petition. 5. Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent- State submitted that the petitioner has no locus-standi to challenge the authorization made in favour of respondent No.5, as per Annexure-D to the writ - - HC-KAR NC: 2025:KHC:42877 WP No. 10855 of 2020 5 petition and accordingly, sought for dismissal of the writ petition. 6. In light of the submissions made by the learned counsel appearing for the parties, it is evident from the writ papers that the petitioner, who claims to be a physically handicapped person, had submitted an application seeking the grant of a Fair Price Depot at Bukkasagara Village, Hosadurga Taluk, Chitradurga District. It is also not in dispute that respondent No.5, a registered society, had submitted an application seeking the grant of a Fair Price Depot, and that respondent No.3, by order dated 10.08.2020 (Annexure–D), granted permission to respondent No.5 to operate the said Fair Price Depot. Upon careful consideration of the priority criteria for such grants, it is seen that the same is reflected in the Notification dated 18.11.2019 (Annexure–A). - - HC-KAR NC: 2025:KHC:42877 WP No. 10855 of 2020 6 7. Having taken note of factual aspects on record as the petitioner claims to be the physically handicapped person, and the satisfaction of the Notification dated 18.11.2019, has to be made based on the records, produced by the respondent No.5, before the respondent No.3, and there is no discussion with regard to in the impugned Official Memorandum dated 10.08.2020, therefore, I am of the opinion that, the impugned order/Official Memorandum dated 10.08.2020 (Annexure-D) requires to be set aside and matter be remitted to the respondent No.3 to re- consider the issue afresh in the light of the observation made above. All the contentions of the parties are kept open. It is open for the parties to produce any further records before respondent No.3 for final adjudication in the matter. It is made clear that till the conclusion of the proceedings before respondent No.3, the status quo with regard to - - HC-KAR NC: 2025:KHC:42877 WP No. 10855 of 2020 7 distribution of Fair Price Depot shall be continued. The respondent No.3 shall complete the proceedings within an outer limit of three months from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 38