- 1 - NC: 2025:KHC-D:7128 WP No. 110729 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO. 110729 OF 2017 (GM-PDS) BETWEEN: DOODHGANGA PRATHAMIK KRISHI PATTIN SAHAKARI SANGH, KANNUR, TQ: CHIKODI, DIST: BELAGAVI, REP. BY ITS PRESIDENT, SRI. SUDHAKAR BALASO CHOUGALE, AGED ABOUT 46 YEARS, R/O: KANNUR, TQ: CHIKODI, DIST: BELAGAVI. …PETITIONER (BY SRI. RAMACHANDRA A.MALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF FOOD & CIVIL SUPPLIES, M.S. BUILDING, BENGALURU-01. 2. THE DEPUTY COMMISSIONER (FOOD), BELAGAVI DISTRICT, BELAGAVI. 3. THE TAHSILDAR, CHIKODI TALUK, CHIKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION IN THE LIKE NATURE, DIRECTING THE RESPONDENT NO.2 HEREIN TO CONSIDER THE APPLICATIONS DATED 25.11.2014 AND 04.12.2014 SUBMITTED BY THE PETITIONER AT ANNEXURE-C & C1 FOR ISSUANCE OF AUTHORIZATION TO RUN FAIR PRICE SHOP AT KANNUR VILLAGE AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW OR IN THE ALTERNATIVE DIRECT THE RESPONDENT NO.2 TO ISSUE NOTIFICATION CALLING FOR APPLICATIONS FOR ISSUANCE OF FRESH AUTHORIZATION FOR MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7128 WP No. 110729 of 2017 ESTABLISHMENT OF FAIR PRICE SHOP/S IN KANNUR VILLAGE AS PER THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER 2016, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioner-Doodhganga Prathamik Krishi Pattin Sahakari Sangh is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus to consider the applications dated 25.11.2014 and 04.12.2014 at Annexures-C and C1 for issuance of authorization to run fair price shop at Kannur village and pass appropriate orders in accordance with law or to direct the 2nd respondent to issue notification calling for applications for issuance of fresh authorization as per the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016. 2. Heard Sri Ramachandra A.Mali, learned counsel for the petitioner and Sri V.S.Kalasurmath, learned Addl. - 3 - NC: 2025:KHC-D:7128 WP No. 110729 of 2017 Government Advocate for respondents No.1 to 3. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner is a registered co-operative society registered under the Karnataka Co-operative Societies Act, 1959. Further, he submits that the petitioner – sangha had made application for issuance of authorization to run fair price shop at Kannur village and the Food Inspector on inspection, submitted report stating that only one fair price shop is available at Kannur village and taking note of the number of cards, he had recommended for issuance of one more fair price shop. It is submitted that for convenience of public, to establish one more fair price shop, the application of the petitioner be considered and appropriate order be passed. 4. Per contra, learned Addl. Government Advocate would submit that the petitioner has no right as such and it is for the department to take decision in terms of 2016 Order. Thus, he prays for dismissal of the writ petition. 5. Having heard the learned counsel for the parties and after perusal of the entire writ petition papers, I am of the - 4 - NC: 2025:KHC-D:7128 WP No. 110729 of 2017 view that the petitioner has no right to seek a direction to consider his application for issuance of authorization to run the fair price shop at Kannur village. However, taking note of the fact or necessity of issuing another authorization to run fair price shop depending on the number of cards, it is for the 2nd respondent to take a decision to call for application or not. While taking decision, the 2nd respondent shall keep in mind Clause 11 of the PDS (Control) Order, 2016 and the amendments made therein. 6. With the above, writ petition stands disposed of. Sd/- (S G PANDIT) JUDGE CLK CT:VP LIST NO.: 1 SL NO.: 21