- 1 - HC-KAR NC: 2026:KHC:3432 WP No. 35867 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35867 OF 2018 (GM-EC) BETWEEN: SRI. P. R. ANAND SWAMY S/O. LATE P. K. REVANYYA, AGED ABOUT 40 YEAS, DEALER OF FAIR PRICE SHOP. NO. 74, KURUBAGERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU DISTRICT. …PETITIONER (BY SRI. NAGARAJA N NAIDU.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER CHIKKAMANGALUR, CHIKKAMANGALUR DISTRICT - 577 126. 3. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES, CHIKKAMANGALUR, CHIKKAMANGALUR DISTRICT - 577 126. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3432 WP No. 35867 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT NOTIFICATION DATED 30.07.2018 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-G UNDER KARNATAKA ESSENTIAL COMMODITIES ACT PDS (CONTROL) ORDER, 2016 IS ARBITRARY, VIOLATIVE OF ART.14 OF THE CONSTITUTION OF INDIA AND HENCE, ULTRAVIRES THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is running a fair price depot at Kurubagere Village, Kadur Taluk, Chikkmangalur District is before this Court being aggrieved by the notification dated 30.07.2018 produced at Annexure-G issued by the Deputy Director of Food and Civil Supply, proposing to open new fair price shops in 19 villages and places as mentioned therein, in which at Sl.No.17 there is a mention of Kurubagere village. 2. Learned counsel for the petitioner referring to clause 11 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (for brevity "Control Order") submits that number of ration cards to be assigned to a fair price depot shall not be less than 500 in the Rural area. The - 3 - HC-KAR NC: 2026:KHC:3432 WP No. 35867 of 2018 petitioner is holding 400 ration cards and there are no other beneficiaries. Therefore, the impugned notification proposing to open the new fair price depot in Kurubagere is unwarranted. 3. In response, learned AGA submits that the petitioner himself had sought permission to run the fair price shop which was originally authorized to his father and the request of the petitioner was rejected as he did not qualify in terms of the Control Order. However, he is continuing to run the fair price shop in terms of the order dated 30.01.2018 passed in W.P No. 4458/2018. In any case, she submits that in terms of the proviso to clause 11(2) of the Control Order, Authorised Authority is vested in power to relax the limit upto 100 fair price shops in the Rural area if it is to serve the needs of beneficiaries in an isolated settlement or layout where number of ration cards is below the limit prescribed. Therefore, she submits there is no illegality in the notification issued. 4. Heard. Perused records. 5. There is no dispute of the fact that the petitioner is running the fair price depot apparently with the 400 cards - 4 - HC-KAR NC: 2026:KHC:3432 WP No. 35867 of 2018 allotted to his fair price depot. Though the notification at Annexure-G dated 30.7.2018 issued by the respondent No.3 proposes to open new fair price depots, and has invited applications from the eligible association, entities and others as enlisted thereunder, it does not appear that the same is in furtherance to the proviso to clause 11(2) of the Control Order. 6. Clause 11(2) of the Control Order, 1992 reads as follows; "11. Assignment of Ration Card: (1) xxx (2) The number of ration cards assigned to a fair price depot under sub-clause (1) shall not be less than 300 for a fair price depot in a rural area and not less than 500 for a fair price depot in an urban area: Provided that the Authorized Authority may, in exceptional cases and for reasons to be recorded in writing, relax the limit upto 200 cards for a price depot in a rural area and upto 300 cards for a fair price depot in an urban 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." 7. The impugned notification in the considered view of this Court does not meet the requirement of Clause 11 of the Control Order referred to above. - 5 - HC-KAR NC: 2026:KHC:3432 WP No. 35867 of 2018 8. Petition therefore is partly allowed. The impugned notification to the extent of Kurubagere village found at Sl.No.17 thereof is quashed. 9. It is however made clear that notwithstanding the above order, the respondent/ authority is at liberty to pass such other order/s in compliance to the provisions extracted herein above. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 10