Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35271 WP No. 18795 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18795 OF 2025 (GM-PDS)
BETWEEN:
THE SECRETARY SRI SIDDARAMESHWARA YOUTH CULTURAL AND SPORTS ASSOCIATION CHIKKAMARALI VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT 571 434.
…PETITIONER (BY SRI. SHIVARAMU H.C.,ADVOCATE)
AND:
1.
DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 434.
2.
THE JOINT DIRECTOR FOR FOOD AND CIVIL SUPPLIES, MANDYA DISTRICT, MANDYA - 571 434.
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35271 WP No. 18795 of 2025
3.
THE THASILDAR, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434.
…RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED
ORDER DATED 28.05.2024 PASSED BY THE THIRD RESPONDENT IN HIS
ORDER NO.FOOD/CR.01/2023-24 AT ANNEXURE - E; II) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NOS. 1 TO 3 TO MAINTAIN MINIMUM CARDS WITH THE PETITIONER SOCIETY AS REQUIRED UNDER CLAUSE 11 OF THE KEC (PDS) CONTROL ORDER, 2016; III) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NOS. 1 TO 3 DIRECTING TO TAKE ACTION TO CANCEL THE CARDS OF NUGGAHALLI VILLAGERS WHO HAVE SOUGHT FOR OPENING OF ONE MORE BRANCH AT NUGGAHALLI WHEN THERE IS ALREADY A POINT OPENED BY THE PETITIONER SOCIETY; IV) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NOS. 1 TO 3 TO DIRECT THE CARD HOLDERS OF NUGGAHALLI VILLAGE TO RECEIVE THE
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HC-KAR NC: 2025:KHC:35271 WP No. 18795 of 2025
COMMODITIES FROM THE PETITIONER SOCIETY ONLY AT NUGGAHALLI VILLAGE ITSELF AND NOT TO DANCE ACCORDING TO THE TUNES OF THE VILLAGERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is supplying essential commodities from a sub-station under public distribution system in Nuggahalli village, Pandavapura taluk, and the petitioner is aggrieved by the third respondent's decision to establish another sub-station in the same village. Sri H.C.Shivaramu, the learned counsel for the petitioner, submits that this is another effort to establish a sub-station in the village and the earlier effort was with the issuance of Official Memorandum dated 04.04.2022 which is quashed by this Court in W.P. No.7919/2022
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HC-KAR NC: 2025:KHC:35271 WP No. 18795 of 2025
specifically declaring that there is no provision for establishment of multiple sub-stations in the same village and that if multiple stations are permitted, the very purpose of the authorization issued on minimum number of card holders and to a particular jurisdiction would be defeated. 2. Ms. Navya Shekar, the learned Additional Government Advocate, is heard in the light of this case as also this Court's observation in W.P. No.7919/2022 which reads as under :
"As rightly observed by respondent No.2 in the orders dated 19.08.2020 and 17.08.2021, there is no provision for opening another sub- station when a sub-station is already in existence in the same village. This position has not changed. If multiple sub-stations are to be permitted, the very purpose of authorization issued on minimum number of cardholders and to the particular jurisdictional area would be defeated."
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HC-KAR NC: 2025:KHC:35271 WP No. 18795 of 2025
Ms. Navya Shekar proposes to contend that the decision is because the petitioner has more than 500 cards and it is based on the request of the villagers. In rejoinder, Sri H.C. Shivaramu points out that about 120 cards have been transferred to another society and as such the cards assigned to the petitioner's sub-station will be within 500. 3. This Court must observe that the third respondent has permitted a sub-station observing that about 150 cards issued to the residents of the Nuggahalli village have been assigned to the Kanagana Maradi Primary Agricultural Produce Co- operative Society and the establishment of a sub- station would be necessary because of the lack of transport facilities between Nuggahalli village and Kanagana Maradi village.
Be that as it may this Court has specifically held that there is no provision for establishment of multiple sub-stations in a village and that this would undermine the very purpose of
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HC-KAR NC: 2025:KHC:35271 WP No. 18795 of 2025
issuing authorization based on minimum number of cards. 4. This Court is of the view that the third respondent could not have proceeded only on the ground that certain cards have been transferred to the Kanagana Maradi Primary Agricultural Produce Cooperative Society without examining the circumstances in which cards were transferred thereto and the minimum cards that the petitioner will have to service. This was imperative, and if there was justification, the third respondent should have taken measures for necessary changes in the provisions enabling establishment of sub-stations. Therefore, this Court is of the view that the petition must be allowed quashing the third respondent's
order, and hence the following:
ORDER The petition is allowed quashing the Official Memorandum dated 28.05.2025
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HC-KAR NC: 2025:KHC:35271 WP No. 18795 of 2025
issued by the third respondent in No.Food/CR.01/2023/24 [Annexure-E].
Sd/- (B M SHYAM PRASAD) JUDGE
NV