- 1 - HC-KAR NC: 2025:KHC-D:10501-DB WA No. 100021 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100021 OF 2024 (GM-PDS) BETWEEN: SRI BASAVARAJ PRABHU YARAGUDARI AGE. 51 YEARS, OCC. FAIR PRICE SHOP, R/O. NO.3, GOLABHAVI VILLAGE, TALUK. JAMAKHANDI, DIST. BAGALKOT-587301 …APPELLANT (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY UNDER SECRETARY, FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER (FOOD SECTION), FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS, BAGALKOT DISTRICT, BAGALKOT-587101. 3. THE DEPUTY DIRECTOR, FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS, BAGALKOT DISTRICT, BAGALKOT-587101. 4. THE JOINT DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BAGALKOT DISTRICT, BAGALKOT-587101. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT 1961, PRAYING TO ALLOW THE APPEAL AND SET-ASIDE THE ORDER DATED 21.11.2023 PASSED IN WRIT PETITION IN W.P.NO.100986/2023 PASSED BY THE LEARNED SINGLE JUDGE AND ALLOWS THE WRIT PETITION FILED BY THE APPELLANT HEREIN IN ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10501-DB WA No. 100021 of 2024 THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal is filed by the petitioner in the writ proceedings calling in question the correctness of the order passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition. 2. Learned Single Judge had rejected the challenge made to the action of the respondent authorities in removing the cards from the appellant society. The contention raised by the petitioner in the writ proceedings was that the order removing the cards was one without jurisdiction as it was not passed by the appropriate authority and that the action was also in violation of Clause 11(2) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 (hereinafter referred to as ‘PDS Control Order’ for short). - 3 - HC-KAR NC: 2025:KHC-D:10501-DB WA No. 100021 of 2024 3. Learned AGA submits that the impugned order that was challenged in the writ petition was passed by the Joint Director to whom the power was delegated by the appropriate authority. Such assertion is not controverted by the learned counsel for the petitioner, who is the appellant herein. 4. Insofar as the contention of non-maintaining of minimum cards in terms of Clause 11(2) of the PDS Control Order, it is to be noticed that admittedly the petitioner had 1,272 cards out of which, 500 cards were transferred to another Depot. If that were to be so, the minimum cards to be maintained in terms of 11(2) are 500 accordingly the regulation is not contravened. Accordingly, we find no grounds to interfere with the order of the learned Single Judge. Hence, the appeal is rejected. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 1