THE PRATMIK KRUSHI PATTIN SAHAKARI SANGHA (NIYAMITH) vs SRI. SADANAND S/O DAREPPA LAJ

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD

TH
DATED THIS THE 30 DAY OF OCTOBER, 2026

PRESENT

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

AND

THE HON'BLE MRS JUSTICE HEMA KULKARNI

WRIT APPEAL NO.100110 OF 2024 (GM-PDS)

BETWEEN:

THE PRATMIK KRUSHI PATTIN SAHAKARI SANGHA
(NIYAMITH), (THE HIREBADDDNUR VEVASAYA SEVA
SAHAKARI SANGH (NIYAMITH),
HIREBADNUR, TQ: SAVADATTI, DIST: BELAGAVI.
…APPELLANT

(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)

AND:

1. SRI. SADANAND S/O. DAREPPA ALAJ,
AGED ABOUT 48 YEARS, OCC: PDS SHOP,
R/AT: MURGOD, TQ: SAVADATTI,
DIST: BELAGAVI – 590 001.

2. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
VIDHANA SOUDHA, AMBEDKAR VEEDHI,
BENGLURU – 01.

Digitally signed
by RAKESH S
HARIHAR
Location: High
Court of
Karnataka,
Dharwad Bench

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3. THE COMMISSIONER,
FOOD AND CIVIL SUPPLIES,
CUNNINGHAM ROAD, BENGALURU – 01.

4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT, BELAGAVI – 590 001.

5. THE TAHASILDAR,
SAVADATTI TALUK, DIST: BELAGAVI – 590 001.
…RESPONDENTS

(BY SRI. RAKESH M. BILKI, GA FOR R2 TO R5;
SRI. SHRIKANT T. PATIL &
SRI. ROHIT S. PATIL, ADVOCATES FOR R1)

THIS WRIT APPEAL IS FILED U/S. 4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED
IN WP NO.106936 OF 2016 DATED 1.3.2024 AND DISMISS THE
WRIT PETITION BY ALLOWING THE PRESENT APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.

THIS WRIT APPEAL, COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
HON'BLE MRS JUSTICE HEMA KULKARNI

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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA )

1. The appellant – the Pratmik Krushi Pattin
Sahakari Sangha (Niyamith) is before this Court, calling in
question the order dated 01.03.2024 passed by the learned
Single Judge in W.P. No.106936 of 2016. It reads as
follows:
“The petitioner has challenged the grant of
licence to run a Fair Price Shop in favour of
respondent No.5.
2. It is submitted that the petitioner was an
aspirant of the same and an order has been passed
granting the same in favor of respondent No.5,
without calling for the necessary applications in
accordance with law.
3. Learned HCGP fairly submits that, an
error has been committed by the government and
the impugned order may be set aside and the State
may be permitted to redo the whole process. Hence
the following:
ORDER

i. Impugned order dated 25.10.2015
bearing No.

AFV:ADA/VW/22/2014-15
( PÀæ:

,
D¥ÀÆ«: CzÀC/«ªÀ-22/2014- 15)
passed by respondent No.3 –

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Deputy Commissioner vide
Annexure-A is hereby set aside.

ii. Respondent - State is directed to
allot the Fair Price Shop in favor of
third persons in accordance with
law, after following the due
process.

iii. Writ petition is disposed of
accordingly.”

2. The learned Single Judge disposes of the petition
on the basis of the submission made by the learned HCGP
that an error has been committed by the Government and
that the impugned order may be set aside and the State be
permitted to redo the whole process.

3. The State has now filed the statement of
objections contrary what was submitted before the learned
Single Judge. The statement of objections reads as follows:
“4. It is respectfully submitted that, the
above Appeal is filed, by challenging the order
passed by the learned Single Judge in Writ Petition
No. 106936/2016 questioning the validity of the
impugned Order dated 25.10.2015 bearing No.
AaPoovi: AaDaAa/ViVa-22/2014-15 dated
25.10.2015, issued by the Respondent No.4 herein.

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It is an admitted facts that, in the year 1997-98, the
Respondent No.1 has applied for a license of Fair
Price shop / Ration Shop, pursuant to which after
verifying the documents license came to be issued
on 27.03.1998. Since from the said date, the
Respondent No.1 is running the shop without any
complaints from the public.
5. It is respectfully submitted that, it is also
admitted fact that, a circular came to be issued by
the State on 23.01.2013, wherein a specific clause
was incorporated which reads as under:
Rural area in case of new Fair Price Shop
allotment. 3 km A new Fair Price Shop
can be opened in any village or urban
area if the number of 800 BPL ration
cards exceeds 800, except for
announcements were there are no Fair
Price Shops in the area. In such a case
save 500 BL ration cards in the old Fair
Price Shop C, excess BPL ration cards
should be attached to the new shop,
BPL. Number of Ration Cards: above
1000 can be distributed equally, BPL,
ration cards can be distributed equally.
As per Annexure-C but the specific contentions taken
by the Respondent No.1 is that in the said
Notification, that the Deputy Commissioner has to
issue Notification for new Fair Price Shop only after
getting permission from the Commissioner Office.
However, it is relevant to state that, in the said
Circular though the direction is issued to the
concerned Deputy Commissioners for calling
regarding establishment of new Fair Price Shop has
to issue Notification but on 08.08.2013 bearing

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No.CFS/ PD/IV/NyaBeAnga/9/2012-13, wherein a
circular came to be issued by the Commissioner of
Food and Civil Supplies, wherein as per clause 6(b) if
any Societies / Associations/VSSSN, PACS, TAPCMS
are interested then the said Association's can
straight away submit applications for authorization of
Fair Price Depot without issuing any such
Notifications. The copy of the Circular dated
08.08.2013 is herewith produced and marked as
Annexure-R1.
6. It is respectfully submitted that, it is the
specific contentions of the Respondent No.1 that, the
authorization having been granted to the appellant,
pursuant to the Application having been submitted
on 29.09.2014, the Respondent No.3 has allotted a
new Fair Price Shop in favour of the Appellant
herein at Hirebudanur as per order dated
25.10.2015 which was questioned by the
Respondent No.1 before the learned Single Judge.
But however in view of the submissions having been
made on instructions before the Hon'ble Court by the
Respondent /State that, the order which has been
issued in favour of the appellant is erroneous and
taking note of the said fact Petition came to be
allowed but however liberty was reserved to the
Respondent /State for issuing a fresh Notification for
establishment of new Fair Price Shop at Hirebudanur,
but however it is relevant to state that, the present
Respondent did not brought to the notice of the
Hon'ble Court that, an amendment came to be
affected with regarding to the clause 4 of the
Karnataka Essential Commodities (Public Distribution
System) Control Order 1992 on 27.08.2014 by way
of Notification bearing No. 17 RPR No.2011 dated

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27.08.2014. The copy of the Notification is herewith
produced and marked Annexure-R2.
7. It is respectfully submitted that, on
going through the said Notification which specifies
that as per clause 4 (1) amendment says that, there
is no necessary for calling /issuing of Notification if
an application is submitted itself is sufficient to
consider the claim of the Applicant. It is respectfully
submitted that, in the light of the said Notification
having been affected the claim of the appellant was
considered and an authorization was issued to run a
Fairs Price Shop at Hirebudanur.
8. It is respectfully submitted that, hence,
the impugned order vide Annexure-A which was
questioned by the Respondent No.1 before the
learned Single Judge which is just and proper and
the same does not requires any interference by this
Hon'ble Court by setting aside the order passed by
the learned Single Judge and confirm the impugned
order by allowing this Writ Appeal.
9. Hence, the writ Appeal filed by the
Appellant is devoid of merits and same may be liable
to be dismissed.
10. All other averments which are not
specifically traversed in this Statement of Objections
may be treated as denied and the Petitioner may be
subjected to strict proof of the same.”

4. The circular is also appended to the objections
filed in the subject appeal. The circular reads as follows:
“¸ÀÄvÉÆÛÃ¯É

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«µÀAiÀÄ: UÁæªÀiÁAvÀgÀ ¥ÀæzÉÃ±ÀUÀ¼À°è £ÁåAiÀÄ¨É¯É CAUÀr
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ªÀiÁqÀ®Ä ¸ÁªÀðd¤PÀjAzÀ CfðUÀ¼À£ÀÄß DºÁé¤¸ÀÄªÀ ªÉÆzÀ®Ä
PÀ£ÁðlPÀ DºÁgÀ ªÀÄvÀÄÛ £ÁUÀjPÀ ¸ÀgÀ§gÁdÄ ¤UÀªÀÄzÀ ªÀw¬ÄAzÀ
¸ÀzÀj ¸ÀÜ¼ÀzÀ°è £ÁåAiÀÄ¨É¯É CAUÀrAiÀÄ£ÀÄß vÉgÉAiÀÄ®Ä PÀæªÀÄªÀ»¸ÀÄªÀÅzÀÄ
CUÀvÀå«gÀÄvÀÛzÉ. MAzÀÄ ªÉÃ¼É PÀ£ÁðlPÀ DºÁgÀ ªÀÄvÀÄÛ £ÁUÀjPÀ
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(VSSSN),
¸ÀAWÀ ¤AiÀÄ«ÄvÀ ¥ÁæxÀ«ÄPÀ ªÀåªÀ¸ÁAiÉÆÃvÀà£Àß ¸ÀºÀPÁgÀ
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(TAPCMS)
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¸ÀAWÀUÀ½UÉ JgÀqÀ£É DzÀåvÉAiÀÄ£ÀÄß ¤ÃqÀÄªÀÅzÀÄ. UÁæªÀiÁAvÀgÀ
¥ÀæzÉÃ±ÀUÀ¼À°è ¤UÀ¢¥Àr¹zÀ ¸ÀÜ¼ÀUÀ¼À°è £ÁåAiÀÄ¨É¯É CAUÀrUÀ¼À£ÀÄß
KFCSC/VSSSN/PACS/TAPCMS
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KFCSC/VSSSN/PACS/TAPCMS

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¸À»/-
DAiÀÄÄPÀÛgÀÄ

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DºÁgÀ, £ÁUÀjPÀ ¸ÀgÀ§gÁdÄ ªÀÄvÀÄÛ UÁæºÀPÀ
ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ, ¨ÉAUÀ¼ÀÆgÀÄ”

5. The learned counsel appearing for the appellant
submits that the circular was not placed before the learned
Single Judge and that an erroneous submission was made
before the learned Single Judge, which is vindicated by the
objections filed by the State before this Court.

6. In that light, since the learned Single Judge was
not apprised of the circular or anything on merits, we, in
the peculiar facts of this case, remit the matter back to the
learned Single Judge by setting aside the order, which was
passed on an erroneous submission made by the learned
HCGP.

7. In that light, the following:
ORDER

(i) The appeal is allowed.

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(ii) The order dated 01.03.2024 passed by the
learned Single Judge in W.P. No.106936 of
2016 stands quashed and set aside.

(iii) The matter is remitted back to the learned
Single Judge for consideration in the light
of the aforesaid observations.

Sd/-
(M.NAGAPRASANNA)
JUDGE

Sd/-
(HEMA KULKARNI)
JUDGE

VNP/CT: ASC
List No.: 1 Sl No.: 7