Allowed¶79

The Secretary Chowdeshwari Cotton Handloom Weavers Co. Operative Society Limited v. State of Karnataka

Karnataka HC20 Jul 2026WP/25561/2022

Case brief

AI extract

What is this about?

Fair price shop authorization; assignment of ration cards; Clause 11 and Clause 11(2), Karnataka Essential Commodities (PDS) Control Order, 2016; minimum 800 ration cards for urban fair price depot; 500 cards rural depot; proviso relaxing limit upto 100 cards applicable only to rural depots; Hosadurga Town, Chitradurga District; notification dated 03.11.2022 in No. C.S.D/CR/242/2022-23 quashed; writ of certiorari and mandamus; Article 226 Constitution of India; GM-PDS; public distribution system; economically viable fair price shop.

What did the court decide?

Writ petition allowed; impugned notification dated 03.11.2022 issued by respondent No.2 in No. C.S.D/CR/242/2022-23 (Annexure-B) quashed. ¶79

The Secretary Chowdeshwari Cotton Handloom… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned notification dated 03.11.2022 issued by respondent No.2 in No. C.S.D/CR/242/2022-23 (Annexure-B) quashed.

¶79

Issue for consideration

Whether the notification dated 03.11.2022 issued by respondent No.2 in No. C.S.D/CR/242/2022-23 (Annexure-B), calling for applications for grant of authorization for fair price shops in the wards already served by the petitioners' shops, is liable to be quashed. +1 more

¶36

Court's answer

It was undisputed that petitioner No.1 was authorized to run a fair price shop within Ward Nos.21, 22 and 23 with 858 cards allotted, petitioner No.2 within Ward Nos.19 and 20 with 792 cards allotted, and there was no allegation against the petitioners of violation of any provision of the control order.

¶52

Ratio / Principle

Since the petitioners' fair price shops are situated within Hosadurga Town, an urban area, the minimum number of cards shall not be less than 800 under Clause 11(2) of the Karnataka Essential Commodities (PDS) Control Order, 2016; the proviso permitting relaxation up to 100 cards applies only to a fair price depot in a rural area, and there is no scope for reduction of any cards in the urban area.

¶68

Key takeaways

There was considerable force in the petitioners' submission that the respondent-Authorities, without being mindful of the statutory requirement under Clause 11(2), proceeded to issue the notification calling for applications in respect of the wards in which the petitioners were already running fair price shops with the minimum allotment of cards.ratio¶68
The writ petition was allowed and the impugned notification dated 03.11.2022 (Annexure-B) was quashed.ratio¶79

Detailed headnote1 paragraphs

High Court of Karnataka (M.G.S. Kamal, J.) allowed a writ petition under Article 226 of the Constitution filed by a co-operative society and an individual running authorized fair price shops in Hosadurga Town, Chitradurga District, and quashed a notification dated 03.11.2022 issued by the Joint Director of Food and Civil Supplies (respondent No.2) in No. C.S.D/CR/242/2022-23 (Annexure-B) inviting applications for grant of fresh authorization for fair price shops in the very wards (Nos. 19-23) already served by the petitioners. Petitioner No.1 had 858 ration cards attached (Ward Nos.21, 22 and 23) and petitioner No.2 had 792 cards (Ward Nos.19 and 20), with no allegation of violation of the control order against them. Construing Clause 11 of the Karnataka Essential Commodities (PDS) Control Order, 2016, the Court held that under Clause 11(2) a fair price depot in an urban area must be assigned not less than 800 ration cards, and that the proviso relaxing the limit up to 100 cards applies only to a fair price depot in a rural area, leaving no scope for reduction of cards in an urban area. Since the petitioners' urban shops already carried the minimum statutory allotment, the authorities' notification was issued without being mindful of the statutory requirement and was accordingly quashed.

¶1

¶2

HC-KAR

¶3

NC: 2026:KHC:37140 WP No. 25561 of 2022

¶4

CNR: KAHC010583542022

¶5

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶6

DATED THIS THE 20^TH DAY OF JULY, 2026

¶7

BEFORE

¶8

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25561 OF 2022 (GM-PDS)

¶9

BETWEEN:

¶10

THE SECRETARY CHOWDESHWARI COTTON HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LIMITED

¶11

HOSADURGA TOWN AND TALUK CHITRADURGA DISTRICT-577 527 BY UNDER KARNATAKA CO-OPERATIVE SOCIEITES ACT, 1959

¶12

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

¶13

G. THIPPESH @ GOTHIPPESH S/O LATE GOVINDAPPA AGED ABOUT 58 YEARS R/O SRIRAMA ROAD HOSADURGA TOWN AND TALUK CHITRADURGA DISTIRCT-577 527

¶14

…PETITIONERS

¶15

(BY SRI. KESHAVA CHANDRA S.P, ADVOCATE FOR SRI. H.C. SHIVARAMU, ADVOCATE)

¶16

AND:

¶17

STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD AND CIVIL SUPPLIES VIKAS SOUDHA

¶18

¶19

NC: 2026:KHC:37140 WP No. 25561 of 2022

¶20

HC-KAR

¶21

CNR: KAHC010583542022

¶22

DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001

¶23

THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES CHITRADURGA DISTRICT CHITRADURGA-577 501

¶24

THE THASILDAR HOSADURGA TALUK HOSADURGA CHITRADURGA DISTRICT-577 527

¶25

…RESPONDENTS

¶26

(BY SRI. MAHANTESH SHETTAR, AGA)

¶27

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 03.11.2022 ISSUED BY THE R2 IN NO. C.S.D/CR/242/2022-23 AT ANNEXURE-B AND R2 TO RETAIN 800 RATION CARDS IN EACH OF THE PETITIONERS SHOP AS REQUIRED UNDER CLAUSE 11 OF THE KEC(PDS) CONTROL ORDER, 2016.

¶28

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶29

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

¶30

¶31

HC-KAR

¶32

NC: 2026:KHC:37140 WP No. 25561 of 2022

¶33

CNR: KAHC010583542022

¶34

ORAL ORDER

¶35

1. Petitioners are before this Court seeking following reliefs:

¶36

''(i) issue a writ of certiorari or similar writ or order or direction to quash the notification dated 03.11.2022 issued by the second respondent in No.C.S.D/CR/242/2022-23 at Annexure-B

¶37

(ii) issue a writ of mandamus to second respondent to retain 800 ration cards in each of the petitioners shop as required under Clause 11 of the KEC (PDS) Control Order, 2016; and

¶38

(iii) issue any other appropriate writ or order or direction to the respondents deems fit in the circumstances of the case.''

¶39

2. Sri. Keshava Chandra S.P., learned counsel for the

¶40

petitioners submits that petitioner No.1 had been issued authorization to run the fair price shops within the jurisdiction of Ward Nos.21, 22 and petitioner No.2 had been issued authorization to run the fair price shops within the jurisdiction of Ward Nos.19 and 20 of Hosadurga Town, Chitradurga District. The petitioner No.1 has been attached with 858 cards, while petitioner No.2 has been allotted 792 cards and that the fair price shop being run by the petitioners are situated in the urban area. That in terms of Clause 11(2) of the Karnataka Essential Commodities (PDS) Control Order,

¶41

¶42

HC-KAR

¶43

NC: 2026:KHC:37140 WP No. 25561 of 2022

¶44

CNR: KAHC010583542022

¶45

2016, the ration cards assigned to a rural fair price depot shall not be less than 500 cards and for a urban fair price shop depot not less than 800 cards. That number of cards which were allotted to petitioners Nos.1 and 2 meets the said statutory requirement and there is no scope for further reduction of the said numbers. Things being thus, the respondent-Authorities have issued a notification at Annexure-B dated 03.11.2022, calling for application for grant of authorization in the very same wards. Hence, he seeks for quashing of the said notification.

¶46

4. Learned AGA, on the other hand submits that the aggregate of the cards attached to the petitioner Nos.1 and 2 would exceed the minimum numbers of the card as contemplated under the Clause 11(2) of the Karnataka Essential Commodities (PDS) Control Order, 2016. Therefore, the respondent-Authorities have found it appropriate to open up another fair price shop, resultant in issuance of the impugned notification. Hence, seeks for dismissal of the petition.

¶47

¶48

HC-KAR

¶49

NC: 2026:KHC:37140 WP No. 25561 of 2022

¶50

CNR: KAHC010583542022

¶51

5. Heard and perused the records.

¶52

6. There is no dispute of the fact that the petitioner No.1 herein has been authorized to run a fair price shop within Ward Nos.21, 22 and 23 with total number of cards allotted being 858. While petitioner No.2 has been issued authorization to run the fair price shop within Ward Nos.19 and 20 with total number of cards allotted being at 792. There is also no allegation against the petitioners of violation of any provision of control order.

¶53

7. Clause 11 of the Karnataka Essential Commodities (PDS)

¶54

Control Order, 2016, read as under:

¶55

'' 11. Assignment of Ration Card: (1) After sanctioning an authorization to run a fair price depot, the Authorized Authority shall assign to the fair price depot a certain number of ration cards belonging to persons residing near the fair price depot.

¶56

(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:

¶57

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 tribunal hadis/tandas/gollarahatti etc.

¶58

¶59

HC-KAR

¶60

NC: 2026:KHC:37140 WP No. 25561 of 2022

¶61

CNR: KAHC010583542022

¶62

(3) The Authorized Authority may, if he considers it necessary, transfer ration cards from one fair price shop to another:-

¶63

(a) on the request of ration cardholders.

¶64

(b) as a result of reorganization of the jurisdictional area of the shop with permission of commissioner as a part of well defined parameters.

¶65

(c) if the number of ration cards in a shop, fall below 75% of the number specified under Clause 11(2), thereby making the shop as economically unviable.''

¶66

8. Since admittedly the fair price shop being run by the

¶67

petitioners are situated within Hosadurga Town, which is an urban area, the minimum number of cards shall not be

¶68

less than 800 as per the provision of the Clause 11(2) of the Karnataka Essential Commodities (PDS) Control Order, 2016. Though, proviso provides that for the reasons to be recorded in writing, the said minimum requirement can be relaxed upto 100 cards for the fair price shop depot in the rural area, there is no scope for reduction of any cards in the urban area. Therefore, there is considerable force in the submissions being made by the learned counsel for the petitioners that the respondent-Authorities without being mindful of the aforesaid statutory requirement have proceeded to issue the notification calling for the applications in respect of

¶69

the wards in which the petitioners have already been

¶70

¶71

NC: 2026:KHC:37140 WP No. 25561 of 2022

¶72

HC-KAR

¶73

CNR: KAHC010583542022

¶74

running the fair price shops with the minimum allotment

¶75