Smt v Hamsaveni Vs the Principal Secretary

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NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 32426 OF 2017 (GM-PDS) C/W WRIT PETITION NO. 52969 OF 2017 (GM-PDS)

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IN WP No. 32426/2017:

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BETWEEN:

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SMT. V. HAMSAVENI AGED ABOUT 45 YEARS, W/O LATE C.N. NAGARAJU, RESIDING AT NO.45/3, SIRSI ROAD, 7^TH CROSS, CHAMARAJPET, BANGALORE-560 018.

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…PETITIONER

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(BY SRI. SHIVARAMU H.C., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, BANGALORE-560 001.

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THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, II FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE-560 052.

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THE DEPUTY DIRECTOR WEST RANGE, FOOD AND CIVIL SUPPLIES, BANGALORE-560001.

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2 - NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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HARIJAN YOUTH SANGHA II CROSS, BLW 123, RAYAPURAM, JAGA JEEVAN RAM NAGAR, GOWRIPALYA, BANGALORE-560 018. REP BY ITS SECRETARY

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(DELETED VIDE ORDER DATED 11.06.2025)

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…RESPONDENTS

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(BY SRI. SRINIVASA KUMAR, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1 TO 3;

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VIDE ORDER DATED 11.06.2025, RESPONDENT NO.4 IS DELETED FROM THE ARRAY OF THE PARTIES)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM ISSUED BY THE THIRD RESPONDENT IN NO.DD(PA)/DRA/CR.3/2017-18 DATED 13.06.2017 AT ANNEXURE-C AND ETC.

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IN WP NO. 52969/2017

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BETWEEN:

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SRI. D.N. NAGARAJU AGED ABOUT 55 YEARS, S/O LATE NAGAPPA FAIR PRICE DEPOT NO.8, RAYAPURAM MAIN ROAD, JAGAJEEVANARAMNAGAR, BANGALORE-560018.

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SMT. SULTANA BEGUM AGED ABOUT 35 YEARS, W/O FAIZULLA SHOP NO.(PR-24) (BLW-43) II MAIN ROAD, JAGAJEEVANARAMNAGAR, BANGALORE-560018.

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...PETITIONERS

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(BY SRI. T.N. ARAKESHWARA, ADVOCATE)

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3 - NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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AND:

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THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA,

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BANGALORE-560 001.

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THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, II FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE-560 052.

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THE DEPUTY DIRECTOR WEST RANGE, FOOD AND CIVIL SUPPLIES, BANGALORE-560001.

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THE SECRETARY HARIJAN YOUTH SANGHA II CROSS, BLW 123, RAYAPURAM, JAGA JEEVAN RAM NAGAR, GORIPALYA, BANGALORE-560 018.

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...RESPONDENTS

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(BY SRI. SRINIVASA KUMAR M., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1 TO 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM NO.DD(PA)/DRA/CR.3/2017-18 DATED 13.06.2017 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-C AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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HC-KAR

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ORAL ORDER

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In W.P.No.32426/2017, the petitioner has challenged an Official Memorandum bearing No.DD(PA)/DRA/CR.3/2017-18 dated 13.06.2017 passed by respondent No.3 directing the transfer of the ration cards wherever there is less than 150 cards in fair price depots. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 not to remove the cards from her shop as per Official Memorandum dated 19.10.2016 issued by respondent No.2 in his Order No.INR/DFG/19/2016-17. She has also sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 to allot minimum of 500 ration cards as stipulated under Clause 11(2) of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 (henceforth referred to as 'Order, 2016').

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The petitioner No.1 in W.P.No.52969/2017 has expired. Petitioner No.2 has challenged the aforementioned Official Memorandum bearing No.DD(PA)/DRA/CR.3/2017-18 dated 13.06.2017 passed by respondent No.3. She has sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 not to remove the cards already attached to the

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5 - NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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fair price depot allotted to her. She has also sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 to allot minimum 500 ration cards as prescribed under clause 11(2) of the Order, 2016.

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The petitioner in W.P.No.32426/2017 contends that her husband was earlier granted an authorization to run a fair price depot and after his death, same was transferred to her name on compassionate ground on 31.12.2002. She claims that authorization was renewed from time to time. She claims that about 132 ration cards were allotted to her shop as against 456 cards that were allotted to the shop when her husband was running authorization. She claims that in addition, ration cards which were allotted to Mr. D.N. Nagaraju and the cards allotted to Mr. M.S. Sadulla, were attached to the shop of the petitioner. The petitioner therefore, claims that by June, 2017, she was distributing essential commodities to 392 card holders. When things stood thus, respondent No.2 issued an Official Memorandum dated 19.10.2016 directing the transfer of ration cards from a particular fair price depot which was having less than 75 ration cards. The respondent No.3 thereafter issued an Official Memorandum dated 13.06.2017 directing the transfer of

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6 - NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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ration cards from the petitioner's shop on the basis of report said to have been submitted by the Food Inspector and entrusted the cards to a Society run by people belonging to Scheduled Castes and Scheduled Tribes. The petitioner being aggrieved by the said Official Memorandum, is before this Court. She has also sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 to allot 500 cards as stipulated under Clause 11(2) of the Order, 2016.

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Likewise, the petitioner No.2 in W.P.No.52969/2017 has claimed that her father was allotted a fair price depot and after his death, it was transferred to her name on compassionate ground. She claims that there were 137 cards which were attached to her fair price depot. She claims that the respondent No.2 issued impugned Official Memorandum directing the transfer of ration cards from fair price depots where there were less than 150 cards. She contends that cards in her fair price depot were transferred to a Society run by persons belonging to Scheduled Castes and Scheduled Tribes. Therefore, she has challenged the Official Memorandum dated 13.06.2017 and has also sought for a direction to respondent

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7 - NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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Nos.2 and 3 to allot minimum 500 ration cards as stipulated under Clause 11(2) of the Order, 2016.

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When these petitions were listed for 'Preliminary Hearing 'B' Group', the learned Additional Government Advocate has filed a memo stating as follows:

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"The above matter was listed before the Hon'ble Court, on 29.07.2025. After hearing the matter for some time, the Hon'ble Court, has passed the following order:

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"After hearing the learned counsel for the Petitioner and the learned Addl. Government Advocate, this Court is the opinion that in view of the interim order granted, it is necessary to ascertain the number of ration cards assigned to nearby Fair Price Depots so as to work out possibility of assigning excess ration cards to the Petitioner. Learned Addl. Government Advocate is therefore, directed to secure instructions."

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It is submitted that, the Petitioner in W.P.Nos.25969-70/2017, the Petitioner was died on 25.05.2025. Thereafter, the Petitioner son namely D.N. Hariraj made a representation to transfer a Fair Price Depot (FPD) in his name. The Joint Director, West Range, Department of Food and Civil Supplies and Consumer Affairs, Bengaluru has issued an endorsement dated 05.06.2025. The Application for

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8 - NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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transfer of Fair Price Depot cannot be done. Therefore, issued an endorsement dated 05.06.2025. The copy of the representation submitted by the Petitioner son dated 29.05.2025 and endorsement dated 05.06.2025 is herewith producing and marked as ANNEXURES-R1 and R2.

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It is submitted that, the present Interim Order has passed by this Hon'ble Court. The Fair Price Depots are continued to dispatch the consumables. Insofar as, in W.P.Nos.5296970/2017, pertains to D.N. Nagaraj as on the date of filing the Writ Petition. The Petitioner having 138 Ration Cards insofar as W.P.No.52970/2017 pertains to Smt. Sultana Begum having 137 numbers Ration Cards. Insofar as it relates to W.P.No.32426/2017. The Petitioners having 132 Ration Cards were allotted.

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In these contentions, it is submitted that insofar as W.P.No.52969-70/2017 pertains to D.N. Nagaraj having 122 Ration Cards holders and more over the Petitioner is no more. The said 122 ration cards were allotted to nearby Fair Price Depot, insofar as related W.P.No.52970/2017, Smt. Sultana Begum presently 237 Ration Cards holders are there. Insofar as W.P.No.32426/2017 related to Smt. Hamsaveni V., the Petitioner is having 332 Ration Cards holders are there. Therefore, the

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9 - NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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W.P.Nos.52970/2017 and 32426/2017 may be

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allowed.

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WHEREFORE, it is most humbly prayed before this Hon'ble Court to take this memo along with documents on record in the interest of justice and equity."

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The memo is taken on record.

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In view of the memo, the petitioner in W.P.No.32426/2017 has 332 cards though the petitioner claimed that there are 360 cards and therefore, the impugned Official Memorandum is inapplicable to the petitioner in W.P.No.32426/2017. Likewise, in respect of petitioner No.2 in W.P.No.52969/2017, she is presently distributing food materials to 237 ration cards and hence, she is outside the purview of Official Memorandum issued by the respondent No.3.

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In that view of the matter, W.P.No.32426/2017 and W.P.No.52969/2017 are allowed. It is held that the petitioners are not effected by the Official Memorandum bearing No.DD(PA)/DRA/CR.3/2017-18 dated 13.06.2017 passed by respondent No.3. The respondents shall endeavor to

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NC: 2025:KHC:34501 WP No. 32426 of 2017 C/W WP No. 52969 of 2017

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HC-KAR

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allot as many cards as possible to the petitioners so as to ensure that the minimum number of cards as prescribed under Clause 11(2) of Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 is complied with.

Sd/(R. NATARAJ)

JUDGE

PMR

List No.: 1 Sl No.: 35

Smt v. Hamsaveni v the Principal Secretary

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Smt v. Hamsaveni v the Principal Secretary

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