- 1 - NC: 2025:KHC-D:7132 WP No. 105319 of 2019 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.105319 OF 2019 (GM-PDS) BETWEEN: SRI. U.JITHENDRANATH, S/O LATE SHANKAR GOUD, AGE: 27 YEARS, R/O: DOOR NO.145, WARD NO.01, KORLAGUNDI VILLAGE, BALLARI TALUK, BALLARI DISTRICT-583103. …PETITIONER (BY SRI. SHIVARAJ HIREMATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER (FOOD AND CIVIL SUPPLIES), BALLARI TALUK, BALLARI DISTRICT-583101. 2. THE JOINT DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPOT., BALLARI TALUK, BALLARI DISTRICT-583101. 3. THE TAHSILDAR, BALLARI TALUK, BALLARI DISTRICT-583101. 4. THE ASSISTANT DIRECTOR, FOOD AND CIVIL SUPPLIES, INFORMAL RATIONING AREA, BALLARI TALUK, BALLARI DISTRICT-583101. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ORDER OR DIRECTION IN THE NARUTE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT/ORDER DATED 22.11.2018 BEARING ¸ÀA/D£Á¸À-7/£Áå.¨É.CA/21/2018-19 ISSUED BY RESPONDENT NO.2/JOINT DIRECTOR, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BALLARI PRODUCED HEREIN AT ANNEXURE-G & ETC. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7132 WP No. 105319 of 2019 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 is before this Court questioning the endorsement at Annexure-G bearing No.¸ÀA/D£Á¸À-7/£Áå.¨É.CA/21/2018- 19 dated 22.11.2018 issued by the 2nd respondent rejecting his request for issuance of authorization to run fair price shop on compassionate ground on account of death of one Sri K.V.Basavaraj and also for a writ of mandamus directing to consider the petitioner’s case for issuance of authorization to run fair price shop in pursuance to application dated 19.11.2018. 2. Sri V.S.Kalasurmath, learned Addl. Government Advocate for the respondents points out from the affidavit filed by the Joint Director of Food and Civil Supplies Department, Ballari that the wife of late K.V.Basavaraj applied for issuance of authorization to run the fair price shop on compassionate ground and in terms of the order dated 05.02.2019, her application was considered and authorization was issued to run - 3 - NC: 2025:KHC-D:7132 WP No. 105319 of 2019 fair price shop on compassionate ground. Further, it is seen that the petitioner who claims that late K.V.Basavaraj was his paternal uncle and as such, he would be entitled for issuance of authorization to run fair price shop on compassionate ground on the death of Sri K.V.Basavaraj. In terms of Clause 13, spouse or son or unmarried daughter are only entitled to seek issuance of authorization on compassionate ground, if they fulfill the criteria prescribed under Clause 13. Since the petitioner claims that the deceased K.V.Basavaraj was his paternal uncle who would not fall within Clause 13 of the Karnataka Essential Commodities Public Distribution System (Control) (2nd Amendment) Order 2017, there is no merit in the writ petition and accordingly petition stands rejected. Sd/- (S G PANDIT) JUDGE CLK, CT:VP LIST NO.: 1 SL NO.: 26