Karnataka High Court
Sri Basavaraj S/O Mudakappa Ingaladal vs The State Of Karnataka on 17 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:15712
WP No. 107616 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107616 OF 2025 (GM-PDS)
BETWEEN:
SRI. BASAVARAJ S/O. MUDAKAPPA INGALADAL,
AGE: 64 YEARS, OCC: BUSINESS,
R/O: KOLIHAL, TQ. YELBURGA, DIST: KOPPAL-585215.
...PETITIONER
(BY SRI. B V SOMAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL
SUPPLIES DEPARTMENT, VIDHAN SOUDHA,
AMBEDKAR VEEDHI, BENGALURU 560001
2. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPPLY AND CONSUMER,
REDRESSAL DEPARTMENT, KOPPAL.
Digitally signed by ...RESPONDENTS
RAKESH S (BY SRI.T.HANUMAREDDY, AGA)
HARIHAR
Location: High
Court of Karnataka, THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
Dharwad Bench,
Dharwad OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI SETTING ASIDE THE IMPUGNED ENDORSEMENT ISSUED
BY THE RESPONDENT NO.2 THE DEPUTY DIRECTOR, FOOD AND CIVIL
SUPPLIES, KOPPAL, IN NO.AA.NAA.SA.CR/2025-26/85 DT. 04/08/2025
VIDE ANNEXURE-A and to ISSUE DIRECTION TO THE RESPONDENT
NO.2 TO ALLOW THE PETITIONER TO DISTRIBUTE THE FOOD GRAINS
AND ESSENTIAL COMMODITIES TO KOLIHAL AND MYADNERI VILLAGE
CARD HOLDERS, TILL ESTABLISHMENT OF ANOTHER FAIR PRICE
SHOP IN RESPECT OF THE CARD HOLDERS OF THESE TWO VILLAGES,
I.E. KOLIHAL AND MYADNERI VILLAGES, INSTEAD OF GIVING THE
PERMISSION TO OTHERS.
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NC: 2025:KHC-D:15712
WP No. 107616 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following reliefs:
A. "Issue writ of Certiorari setting aside the impugned endorsement issued by the respondent no.2 the Deputy Director, food and civil supplies, Koppal, in No.Aa.Naa.Sa.CR/2025-26/85 dated 04/08/2025 vide Annexure-A. B. Issue direction to the respondent no.2 to allow the petitioner to distribute the food grains and essential commodities to kolihal and myadneri village card holders, till establishment of another fair price shop in respect of the card holders of these two villages, i.e. kolihal and myadneri villages, instead of giving the permission to others.
C. Issue any other Writ, order or Direction as this Hon'ble Court deems fit in the circumstances of the case."
2. The petitioner was allotted a Fair Price Shop by issuance of a license. At the time of allotment, it transpires that the petitioner's shop was the only one, which was later bifurcated into three shops. In the light of the said bifurcation, the cards which amounts to 1,080 in number have now at the hands of the new allottee. The new allottee is said to have -3- NC: 2025:KHC-D:15712 WP No. 107616 of 2025 HC-KAR expressed his inability to execute or perform maintenance of these 1080 cards.
3. The submission of the learned counsel for the petitioner is that, the cards of the petitioner should be brought back, as temporary arrangement was made for granting the transfer of the cards to other persons.
4. Learned AGA, by taking this Court through the PDS Control Order would submit that for an urban area the minimum cards is 800 and for a rural area it is 500.
5. Admittedly in the case at hand, the petitioner has the licence to run a Fair Price Shop in a rural area. In the light of the said fact, the petitioner's entitlement would be 500 cards, and the petitioner is now having more than 500 cards. The allegation of the petitioner is that the persons to whom the cards were temporarily transferred has 1080 cards, which is beyond the stipulated number, even for an urban area.
6. In that light, I deem it appropriate to dispose the subject petition with a direction to the State to maintain the distribution of cards strictly in terms of the PDS Control Order, -4- NC: 2025:KHC-D:15712 WP No. 107616 of 2025 HC-KAR which mandates a ceiling of 500 cards for rural areas and 800 cards for urban areas. If there is any variance to it, the State shall take necessary corrective action and shall not disturb the allocation of cards of the petitioner.
With the aforesaid observation, the petition stands disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 289