- 1 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25050 OF 2023 (GM-PDS) BETWEEN: KABBALAMMA MAHILA JAGRUTHI SANGHA, NO.3783, 11TH CROSS ROAD, II STAGE, KUMARASWAMY LAYOUT BANGALORE-560078 REPRESENTED BY ITS SECRETARY SMT P RENUKA …PETITIONER (BY SRI. SHIVARAMU H C.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES GROUND FLOOR, VIKAS SOUDHA BENGALURU-560001 2. THE JOINT DIRECTOR OF FOOD AND CIVIOL SUPPLIES,WEST RANGE, BANGALORE-560052 3. THE ADDITIONAL DIRECTOR AND APPELLATE AUTHORITY, FOOD AND CIVIL SUPPLIES BANGALORE URBAN DISTRICT BANGALORE-560064 …RESPONDENTS (BY SMT B.P. RADHA, AGA ) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 THIS WP UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO-QUASH THE ORDER DTD 05.10.2023 PASSED BY THE R3 IN ORDER NO.JA NI.(PA)/DRA/FPD/28/2021-22 AT ANNEXURE-H1 ISSUE WRIT TO THE R2 TO ASSIGN THE RATION CARDS IN FAVOUR OF THE PETITIONER SOCIETY, AS THE PETITIONER HAS COMPLIED WITH THE DIRECTION ISSUED IN THE ORDER DTD 12.05.2022 IN ORDER NO.OO NI.(PA) DRA/FPD/28/2021-22 AT ANNEXURE-D ISSUE WRIT TO THE R2 TO CONSIDER THE APPLICATION DTD 23.05.2023 FILED BY THE PETITIONER FOR ASSIGNMENT OF RATION CARDS AND FOOD GRAINS PRODUCED AT ANNEXURE-F FORTHWITH. 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 1. The petitioner is before this Court seeking the following reliefs:- "1) issue a writ of certiorari or similar writ or order or direction to quash the order dated 05.10.2023 passed by the third respondent in Order No.Ja Ni (Pa)/DRA/FPD/28/2021-22 at Annexure - H1; ii) issue writ of mandamus to the respondent No.2 to assign the ration cards in favour of the petitioner Society, as the petitioner has complied with the direction issued in the order dated 12.05.2022 in Order No.Oo Ni (Pa) DRA/FPD/28/2021-22 at Annexure - D; iii) issue writ of mandamus to the respondent No.2 to consider the application dated 23.05.2023 filed by the petitioner for assignment - 3 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 of ration cards and food grains produced at Annexure - F forthwith; iv) issue any other appropriate writ or order or direction to the respondents deem fit in the circumstances of the case in the interest of justice and equity.” 2. The case of the petitioner is that, the respondent No.1 had issued a notification dated 10.01.2022 as per Annexure-B, inviting applications for grant of authorization to run fair price shops at eleven areas as mentioned in the said notification. The petitioner had made an application seeking grant of authorization/allotment to run fair price shop at Kengeri which is mentioned at Sl.No.8 of the said notification. 3. That the said shop at Kengeri has been allotted to one Sri Lakshmi Narasimha Swamy Mahila Abhivruddhi Sangha, with 1465 ration cards which are more than the limit prescribed under Clause-11 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. 4. That since the petitioner had also made an application to the very same area by order at Annexure-D, a conditional authorization was issued in favour of the petitioner on - 4 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 12.05.2022 as per Annexure-D, in respect of Kengeri- Upanagara, subject to production of lease agreement by the petitioner. That the petitioner had complied with the said condition and also all other conditions mentioned in the said order. However, notwithstanding the same, the respondent issued the impugned order dated 05.10.2023 produced at Annexure-H1, cancelling the authorization which was granted in favour of the petitioner on the premise that, the notification was not issued in respect of Kengeri-Upanagara, and it was issued only in respect of Kengeri. As such the authorization issued in favour of the petitioner in respect of area coming within Kengeri-Upanagara was not proper. Being aggrieved by the same, the petitioner is before this Court. 5. Objection statement is filed by the respondents No. 1 to 3, contending that originally, by notification dated 20.06.2018, applications were called for grant of authorization in respect of 20 areas. As against which, 7 shops were allotted. By the notification produced at Annexure-B, applications were invited for remaining 11 areas, of which, Kengeri was also one of the areas. That since Sri Lakshmi Narasimha Swamy Mahila - 5 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 Abhivruddhi Sangha qualified satisfying all the criteria, its application was accepted and an authorization was granted by Order dated 29.03.2022. However, by an erroneous order produced at Annexure-D to the writ petition, the officer concerned had sought to bifurcate the cards which were already allotted to the said Sangha, creating rights in favour of the petitioner, whose application filed in response to the notification produced at Annexure-B had already been rejected, for petitioner not having submitted the lease deed. Annexure-D therefore, could not have been issued. 6. It is further contented that all that the Clause-11 of the Control Order indicates is to provide a minimum of the numbers of cards and there is no limit to the maximum number of cards. Since there is no other shop established or available for allotment, the claim of the petitioner cannot be entertained. 7. It is further contented that very officer who has passed Annexure-D had forwarded a communication dated 26.04.2022 to Additional Director, Food and Civil Supplies as per Annexure R2, giving the details of authorization/grant made in favour of the applicants, which do not refer to any authorization having - 6 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 been granted in favour of the petitioner. Annexure-R3 is the report submitted by the Food Inspector, with regard to the status of applications filed by the applicants in response to the notification as per Annexure-B to the writ petition, in which at Sl.No.9, the name of the petitioner is reflected with the remark as, "non-furnishing of the agreement with respect to the shop". Thus, referring to these documents contented that once the petitioner's application having been rejected and the same having attained finality and in the absence of any availability of the shop, the petitioner cannot claim to have any right seeking grant of authorization based on Annexure-D. 8. Learned counsel for the petitioner taking this court through the records, submits that once Annexure-D, which is a conditional order issued, the same could not have been withdrawn for the erroneous reasons as assigned at Annexure- H of non-notification of Kengeri-Upanagara. He submits the very Annexure-H also refers to Kengeri/Kengeri Upanagara. Therefore, the confusion sought to be created is only to deny the right of the petitioner. Hence, he submits that order impugned is unsustainable. - 7 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 9. On a query by this Court, learned Additional Government Advocate fairly submits that there is a mistake with regard to mentioning the area Kengeri which also includes Kengeri- Upanagara. However, she hastens to add that Kengeri/ Kengeri-Upanagara has only one fair shop, which has already been allotted to Lakshmi Narasimha Swamy Mahila Abhivruddhi Sangha, and since there is no other shop available, the question of allotting or granting authorization to the petitioner would not arise. 10. There is considerable force in the submission being made by learned Additional Government Advocate referring to Annexures- R1, R2 and R3. Perusal of Annexure-R1 which is a publication dated 20.06.2018 indicates that as on the said date there were 20 fair price shops available at different places mentioned therein. Sl.No. 14, 15 and 16 therein referrs to Kengeri-Upanagara-1, Kengeri-Upanagara-2 and Kengeri Upanagara 3. It is the contention of the respondent-State that the said three shops were merged into one, which is allotted to Sri Lakshmi Narasimha Swamy Mahila Abhivruddhi Sangha as found at Annexure-R2 dated 26.04.2022. - 8 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 11. Perusal of the said document at Annexure-R2 indicate that the same has been submitted by none other than the Deputy Director of Food and Civil Supply. The said communication is followed by Annexure-R3, which is a report dated 10.5.2022 submitted by Food Inspector with regard to status of the applications received in response to the notification produced at Annexure-B. At Sl.No.9. As already noted above, the application of the petitioner was rejected for the petitioner not furnishing the required document. The said report is dated 10.05.2022. However, the Deputy Director, Food and Civil Supply, who had issued the communication dated 26.04.2022 produced at Annexure-R2, appears to have passed the order at Annexure-D dated 12.05.2022, conditionally granting the authority in favour of the petitioner, which as rightly pointed out by learned AGA, is unsustainable. 12. When Annexure-R2 is issued by the very same authority reporting allotment of the fair price shop of Kengiri-Upanagara in favour of Lakshmi Narasimha Swamy Mahila Abhivruddhi Sangha, in the absence of any further notification being issued by the respondent-State, notifying availability of any other - 9 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 shop, ought not to have issued conditional order in a manner bifurcating the ration cards which are already allotted to Lakshmi Narasimha Swamy Mahila Abhivruddhi Sangha. No such authority is provided under the Control Orders. 13. At this juncture, learned counsel for the petitioner furnishes an endorsement dated 10.07.2024, addressed to the petitioner, wherein, the Joint Director, Food and Civil Supply has clarified that petitioner has not been allotted any authority to run the shop or the ration card. However, necessary action will be taken subject to directions if any issued by this Court. Referring to the said endorsement, he further submits, if liberty is reserved to the petitioner to make necessary representation with further direction of the respondent authorities to consider the same in the light of proviso to Clause 11, the purpose of the petition would be served. In response learned Additional Government Advocate submits that if the provisions of law provides for the same, necessary orders in that regard would be passed. 14. For the reasons mentioned above, the petition fails and stands dismissed. - 10 - HC-KAR NC: 2026:KHC:4830 WP No. 25050 of 2023 15. However, notwithstanding the dismissal of the petition, in the light of endorsement dated 10.07.2024 issued as noted above, petitioner is liberty to make a representation which shall be considered by the respondent No.2, taking into consideration number of cards and the requirement of fair price shop, if any, strictly in accordance with the applicable order of the Essential Commodities Control Order. Sd/- (M.G.S. KAMAL) JUDGE HR List No.: 1 Sl No.: 9