Karnataka High Court
Sri Basavaraj Prabhu Yaragudari vs The State Of Karnataka on 20 August, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2025:KHC-D:10501-DB
WA No. 100021 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO.100021 OF 2024 (GM-PDS)
BETWEEN:
SRI BASAVARAJ PRABHU YARAGUDARI
AGE. 51 YEARS, OCC. FAIR PRICE SHOP,
R/O. NO.3, GOLABHAVI VILLAGE,
TALUK. JAMAKHANDI, DIST. BAGALKOT-587301
...APPELLANT
(BY SRI. H.M. DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY UNDER SECRETARY,
FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS
AND LEGAL METROLOGY DEPARTMENT,
M.S. BUILDING, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER (FOOD SECTION),
FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS,
BAGALKOT DISTRICT, BAGALKOT-587101.
3. THE DEPUTY DIRECTOR,
Digitally signed by
MALLIKARJUN
FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS,
RUDRAYYA
KALMATH BAGALKOT DISTRICT, BAGALKOT-587101.
Location: High
Court of
Karnataka,
Dharwad Bench 4. THE JOINT DIRECTOR,
FOOD, CIVIL SUPPLIES AND CONSUMER
AFFAIRS DEPARTMENT,
BAGALKOT DISTRICT, BAGALKOT-587101.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT 1961, PRAYING TO ALLOW THE
APPEAL AND SET-ASIDE THE ORDER DATED 21.11.2023 PASSED IN
WRIT PETITION IN W.P.NO.100986/2023 PASSED BY THE LEARNED
SINGLE JUDGE AND ALLOWS THE WRIT PETITION FILED BY THE
APPELLANT HEREIN IN ENTIRETY, IN THE INTEREST OF JUSTICE AND
EQUITY.
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NC: 2025:KHC-D:10501-DB
WA No. 100021 of 2024
HC-KAR
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
The present appeal is filed by the petitioner in the writ
proceedings calling in question the correctness of the order
passed by the learned Single Judge whereby the learned Single
Judge dismissed the writ petition.
2. Learned Single Judge had rejected the challenge
made to the action of the respondent authorities in removing
the cards from the appellant society. The contention raised by
the petitioner in the writ proceedings was that the order
removing the cards was one without jurisdiction as it was not
passed by the appropriate authority and that the action was
also in violation of Clause 11(2) of the Karnataka Essential
Commodities (Public Distribution System) Control Order, 2016
(hereinafter referred to as 'PDS Control Order' for short).
NC: 2025:KHC-D:10501-DB
HC-KAR
3. Learned AGA submits that the impugned order that
was challenged in the writ petition was passed by the Joint
Director to whom the power was delegated by the appropriate
authority. Such assertion is not controverted by the learned
counsel for the petitioner, who is the appellant herein.
4. Insofar as the contention of non-maintaining of
minimum cards in terms of Clause 11(2) of the PDS Control
Order, it is to be noticed that admittedly the petitioner had
1,272 cards out of which, 500 cards were transferred to
another Depot. If that were to be so, the minimum cards to be
maintained in terms of 11(2) are 500 accordingly the regulation
is not contravened. Accordingly, we find no grounds to interfere
with the order of the learned Single Judge. Hence, the appeal
is rejected.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
PJ, CT:VP
