- 1 - HC-KAR NC: 2026:KHC:27883 WP No.6879 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.6879 OF 2023 (GM-PDS) BETWEEN: S. NARASIMHAPPA AGED ABOUT 59 YEARS, S/O SIDDARAMAPPA GHUDDADA SANTHEENAHALLI HOLALKERE TALUK CHITRADURGA - 577 526. …PETITIONER (BY SRI. FAZIL AHMED.,ADVOCATE) AND:6 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD AND CIVIL SUPPLIES VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE - 560 001. 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES CHITRADURGA DISTRICT, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. MAHANTESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTIFICATION EARING NO.C.S.D. /HO/NYA.BE.AM/ 237/2022-23 DATED 20.02.2023 ISSUED BY THE R-2 MARKED AS ANNX-B. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27883 WP No.6879 of 2023 ORAL ORDER Petitioner who has been issued authorization to run a fair price shop at Santhenahalli Village, Holalkere Taluk, Chitradurga District is before this Court being aggrieved by the Notification dated 20.02.2020 issued by the respondent No.2 calling for application to establish new fair price shop depot in Thirumalapura Village, Holalkere Taluk, Chitradurga District. 2. It is contented that in terms of the impugned notification, respondent No.2 is intending to transfer 233 cards to the proposed new fair price shop to be established which is situated approximately about 2 kilometers away from the fair price shop being run by the petitioner. 3. It is further contented that such proposal runs contrary to and in violation of Order 11(2) of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, inasmuch as the petitioner has been allotted about 500 cards. 4. Learned AGA, do not dispute that the minimum ration cards to be assigned to a fair price shop under clause (2) of Order 11 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, shall not be less - 3 - HC-KAR NC: 2026:KHC:27883 WP No.6879 of 2023 than 500 in respect of fair price shop coming within the rural area and not less than 800 in respect of fair price shop coming within urban area. 5. That since admittedly petitioner is holding about 539 cards, taking out 233 cards and giving it to a proposed new shop would fall foul of the minimum requirement contemplated in the aforesaid provision. The Order 11(2) of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 is extracted for immediate reference: 11. Assignment of Ration Card: (1) **** (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 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. - 4 - HC-KAR NC: 2026:KHC:27883 WP No.6879 of 2023 6. In that view of the matter, petition succeeds. Accordingly, following: ORDER (i) Petition is allowed. (ii) Impugned Notification dated 20.02.2020 issued by the respondent No.2 is hereby quashed. (iii) It is however open for the respondent-Authorities to issue such notification depending upon the requirement of the area, strictly in compliance with Order 11 of the Control Order, 2016 as noted hereinabove. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 24