SANDHYA vs THE COMMISSIONER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11431
WP No. 204325 of 2026
CNR: KAHC030113872026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204325 OF 2026 (GM-PDS)
BETWEEN:
SANDHYA W/O NAGARAJ
AGED ABOUT 35 YEARS
OCC: AGRICULTURIST AND LICENSE HOLDER
OF PDS, R/O #601,
NEAR WATER TANK
GUDADANAL MEDINAPUR,
TALUK: LINGASUGUR DIST: RAICHUR-584115
…PETITIONER
(BY SRI. MAHANTESH PATIL., ADVOCATE)
AND:
1. THE COMMISSIONER
FOOD AND CIVIL SUPPLIES AND CONSUMER
AFFAIRS DEPARTMENT
NO.8 CUNNINGHAM ROAD
BENGALURU-560052
2. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPPLIES AND CONSUMER
AFFAIRS DEPARTMENT
RAICHUR DIST:
RAICHUR-584101
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC-K:11431
WP No. 204325 of 2026
CNR: KAHC030113872026
3. THE DEPUTY COMMISSIONER
RAICHUR DIST:
RAICHUR-584101
4. THE TAHSILDAR
LINGASUGUR,
TALUK: LINGASUGUR
DIST: RAICHUR-584115
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.2 TO RENEW THE LICENSE/AUTHORIZATION
OF PETITIONER FAIR PRICE SHOP (SHOP ID NO.15526-30)
(NO.CSD-2/FPD/09/2016-17) BY CONSIDERING THE
REPRESENTATION DATED 05-10-2026 VIDE ANNEXURE-E; B)
PASS SUCH OTHER ORDERS OR DIRECTIONS AS THIS
HONOURABLE COURT DEEMS JUST AND PROPER UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS
WRIT PETITION, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-K:11431
WP No. 204325 of 2026
CNR: KAHC030113872026
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ petition is filed seeking the following
prayers:
“ (a) Issue a WRIT in the nature of Mandamus
directing the respondent No.2 to renew the
license/authorization of petitioner Fair Price Shop (Shop
ID No 5526-30.) (No.CSD-2/FPD/09/2016-17) by
considering representation dated: 05-10-2026 vide
Annexure-E, in the interest of justice. the
(c) PASS such other orders or directions as this
Hon'ble Court deems just and proper under the facts and
circumstances of the case and allow this Writ Petition, in
the interest of justice.
”
2. Heard the learned counsel appearing for the
petitioner, learned Additional Government Advocate
appearing for the respondents and meticulously perused
the material on record.
3. The material on record indicates that respondent
No.4 issued a license to run a fair price shop in favour of
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HC-KAR
NC: 2026:KHC-K:11431
WP No. 204325 of 2026
CNR: KAHC030113872026
the petitioner’s father-in-law on 21.07.1995. After his
demise, the license of the fair price shop in question was
transferred in favour of the petitioner’s husband, Sri.
Nagaraj, vide order dated 24.06.2015, as evidenced in
Annexure-A.
4. The material on record further indicates that the
petitioner's husband, Sri. Nagaraj, died on 24.11.2015.
Thereafter, the license of the fair price shop was
transferred in favour of the petitioner, vide order dated
17.08.2016 at Annexure-B. Subsequently, the petitioner
approached the respondent - authorities seeking to renew
the license. The license was renewed for some time,
however, the respondent – authorities have now declined
to renew the license without assigning any reasons.
5. It is to be noticed that the petitioner has
submitted a representation dated 05.10.2026 to
respondent No.2 seeking renewal of the license, as
evidenced by Annexure-E to the writ petition.
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NC: 2026:KHC-K:11431
WP No. 204325 of 2026
CNR: KAHC030113872026
6. Sri. Mahantesh Patil, learned counsel appearing
for the petitioner, placed reliance on the decision of this
NAGARATNA Vs. THE
Court in the case of
1
COMMISSIONER AND OTHERS
and contended that the
respondent - authorities cannot decline to renew the
license on any grounds, as this Court, in the aforesaid
decision, has held that the subsequent amendment to the
Karnataka Essential Commodities (Public Distribution
System) Control Order, 1992, would apply prospectively to
fresh licenses and not to the existing license. Hence, he
seeks to allow the writ petition by issuing a direction to the
respondent – authorities to renew the license.
7. Learned Additional Government Advocate
appearing for respondents submits that the respondent -
authorities would consider the petitioner’s representation
in accordance with law and take an appropriate decision
thereon.
1
WP.No.202885/2023 dt. 27.01.2025.
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8. Having heard the learned counsel appearing for
the petitioner, learned Additional Government Advocate
appearing for the respondents and on perusal of the
material placed before this Court as well as considering
NAGARATNA
the decision of this Court in the case of
referred supra , I am of the considered view that the
respondent - authorities cannot decline to renew the
petitioner’s license on the ground that the licensee cannot
seek for extension of license for more than 10 years, as
the license was transferred in favour of the petitioner on
compassionate grounds. Hence, I proceed to pass the
following:
ORDER
allowed
i) The writ petition is .
ii) Respondent No.2 is directed to consider the
petitioner's representation dated
05.10.2026 at Annexure-E, seeking renewal
of the license of the fair price shop, keeping
in mind the order passed by this Court in
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NAGARATNA
the case of referred supra ,
within a period of six(6) weeks from the
date of receipt of a copy of this order.
iii) Until respondent No.2 considers the
representation of the petitioner in
accordance with law, as observed supra ,
the card assigned to the petitioner shall not
be withdrawn and assigned to any other fair
price shop.
iv) The petitioner is permitted to distribute the
food grains.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PHM
List No.: 1 Sl No.: 9