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2025 DAILYLAW 51491 (KAR)

SMT.PARVATHAMMA v. STATE OF KARNATAKA

WP/9799/2022 · 2025-11-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48404 WP No. 9799 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 9799 OF 2022 (GM-PDS) BETWEEN: 1. SMT.PARVATHAMMA AGED AOUT 50 YEARS, W/O LATE D THAMMAIAH, R/O GOPANAHALLI VILLAGE AND KASABA HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT &PETITIONER (BY SRI. SHIVARAMU H C.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLIES VIKAS SOUDHA, BANGALORE 560001, REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, CHITRADURGA DISTRICT CHITRADURGA &RESPONDENTS (BY SRI MAHANTESH SHETTAR, AGA) THIS WP UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA IS FILED PRAYING TO QUASH THE NOTIFICATION DATED 11.04.2022 ISSUED BY THE R2 AT ANNEXURE-C.ISSUE A WRIT OF MANDAMUS TO ALLOW THE PETITIONER TO DISTRIBUTE THE ESSENTIAL COMMODITIES TO CHIKKENAHALLI CARD HOLDERS ALSO AS HAS BEEN DISTRIBUTED PRIOR TO THE ISSUANCE OF NOTIFICATION DATED 11.04.2022 PRODUCED AT ANNEXURE-C INCLUDING THE CARD HOLDERS OF GOPANAHALLI VILLAGE. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48404 WP No. 9799 of 2022 THIS PETITION, COMING ON FOR PREIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the Notification dated 11.04.2022 issued by respondent No.2 (Annexure-C) interalia sought for a direction to the respondents to allow the petitioner to distribute the essential commodities to Chikkenahalli card holders which has been distributed prior to issuance of Notification at Annexure-C. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, as the respondent-authorities have issued Notification dated 11.04.2022, by which the allotment of the cards made in favour of the petitioner have been decreased, however, - 3 - HC-KAR NC: 2025:KHC:48404 WP No. 9799 of 2022 if such a notification is giving effect to, as the total number of cards issued to the petitioner was 550 out of which if the 237 cards pertaining to Chikkenahalli Village is taken away as per the aforementioned notification, the petitioner is left with 313 cards which is less than Clause 11 and Clause 1 and 2 of the Karnataka Essential Commodities (PDS) Control Order, 2016. 4. 4. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, impugned Notification dated 11.04.2022 issued by respondent No.2 (Annexure-C) is hereby set aside. 5. Accordingly, the writ petition is allowed. SD/- (E.S.INDIRESH) JUDGE HR