- 1 - HC-KAR NC: 2025:KHC:30875-DB WA No. 1179 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1179 OF 2023 (GM-PDS) BETWEEN: SRI. B.T YATHISH S/O LATE THIMMAPPA AGED ABOUT 40 YEARS R/AT BYALADALU SAKARAYANAPATNA HOBLI KADUR TALUK CHIKKAMAGALUR DIST 577135 …APPELLANT (BY SRI. NAGARAJA N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT VIKASA SOUDHA, BANGALORE 560 001 2. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS SECTION CHIKKAMAGALURU DIST-577 135 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30875-DB WA No. 1179 of 2023 3. SRI KOLLAPURADAMMA MAHILA SEWA SANGHA BYALADALUTHANDYA VILLAGE SAKARAYAPATNA HOBLI KADUR TALUK CHIKKMAGALURU DIST-577 135 REP BY ITS SECRETARY SMT MEGHANA K J W/O PRADEEP NAIK AGED ABOUT 30 YEARS …RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1 & R2, SRI. SHARATH S GOWDA, ADVOCATE FOR R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE APPEAL FILED BY THE APPELLANT THEREBY SETTING ASIDE THE ORDER DATED 12.07.2023 PASSED BY THE LEARNED SINGLE JUDGE PASSED IN W P No. 9179/2022, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:30875-DB WA No. 1179 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This intra Court appeal is filed by the appellant challenging the order dated 12.07.2023 passed by the learned Single Judge in W.P.No.9179/2022, whereby the learned Single Judge dismissed the writ petition. 2. We have heard the learned counsel Sri.Nagaraja N. for the appellant, the learned Additional Government Advocate for respondent Nos.1 and 2 and the learned counsel Sri. Sharath. S. Gowda for respondent No.3. 3. It is contended by the learned counsel for the appellant that the appellant being physically handicapped person is running the fair price shop ever since 15.09.1994. The total number of cards attached to his fair price shop is 429. By virtue of Government Order dated 22.09.2021, the notification dated 08.04.2022 was issued inviting the applications for establishment of new fair price shop at Byaladalu Tanda and if the same were to be - 4 - HC-KAR NC: 2025:KHC:30875-DB WA No. 1179 of 2023 allowed, the total number of cards attached to the fair price shop of the appellant would be less than 300, which is contrary to Rule 11(2) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 (hereinafter referred to as "2016 Control Order"). As such, according to the learned counsel for the appellant, the impugned notification is contrary to Rule 11(2) of 2016 Control Order and the same was issued without providing an opportunity to the appellant to raise his objections. As such, the same is violative of principles of natural justice. 4. Per contra, learned Additional Government Advocate for respondent Nos.1 and 2 and the learned counsel for respondent No.3, by supporting the order passed by the learned Single Judge, contended that the proviso to Rule 11 of 2016 Control Order is an exception to the Rule 11(2) which permits the Authorized Authority to relax the limit upto 100 cards for fair price depot in a rural area, if the fair price depot is to serve the needs of an - 5 - HC-KAR NC: 2025:KHC:30875-DB WA No. 1179 of 2023 isolated settlement or layout where number of ration cards are below the limit prescribed viz., special areas like tribal hadis/tandas/gollarahatti etc. Hence, according to them in view of the aforesaid proviso, the contention of the appellant is not tenable. Accordingly, they pray to dismiss the appeal. 5. Rule 11(2) reads as under: ”11. Assignment of Ration Card: (1) After sanctioning an authorization to run a fair price depot, the Authorized Authority shall assign to - 3 - NC: 2023:KHC:24012 WP No. 9179 of 2022 the fair price depot a certain number of ration cards belonging to persons residing near the fair price depot. (2) The number of ration cards assigned to a fair price depot under sub-clause (1) shall not be less than 500 for a fair price depot in a rural area and not less than 800 for a fair price depot in an urban area: Provided that the Authorized Authority may, for reasons to be recorded in writing, relax the limit upto 100 cards - 6 - HC-KAR NC: 2025:KHC:30875-DB WA No. 1179 of 2023 for a fair price depot in a rural area if the fair price depot is to serve the needs of an isolated settlement or layout where the number of ration cards is below the limit prescribed. Viz., special areas like tribal hadis/tandas/gollarahatti etc...” 6. We have carefully perused the Government Order dated 22.09.2021 and the notification dated 08.04.2022 and also the Rule 11 (2) of 2016 Control Order. 7. On perusal of the aforesaid Government Order and the notification, it is specifically stated that in order to extend the benefit of fair price shop through out the State, particularly at hadis/tandas/gollarahatti and the SC/ST colonies, the Government took initiation to open new fair price shops by relaxing the limit upto 100 cards for a fair price depot. In the instant case, the fair price shop being run by the appellant is situated at Byaladalu Tanda. In such circumstance, the notification issued by the Government is applicable and the same is within the purview of Rule 11(2) as stated supra. - 7 - HC-KAR NC: 2025:KHC:30875-DB WA No. 1179 of 2023 8. In that view of the matter, no interference with the impugned order passed by the learned Single Judge is called for. Accordingly, writ appeal lacks merit and the same is hereby dismissed. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE List No.: 1 Sl No.: 13