Authority: High Court of Karnataka, Dharwad Bench
Order Date: 23 March 2023
Case Overview
- Petition filed by Aranya Siddeshwara Prathamika Krushi Pattina Sahakari Sangha Limited (Yelparati), represented by President Raju Ichalkarangi, challenging the order dated 27‑Oct‑2022 issued by the Joint Director, Food, Civil and Consumer Affairs Department, Belagavi (Respondent No.4).
- The order authorized two other cooperative societies – Basaveshwar Prathamika Krushi Pattina Sahakari Sangha Limited and Malkari Siddeshwar Krushi Pattina Sahakari Sangha Limited – to operate new fair price depots in Yelparati village.
- Petitioner contended that the authorization breaches sub‑clause (2) of clause 11 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016, which governs the bifurcation of ration card‑holders among depots.
- The petitioner asserted that the new depots could divert existing card‑holders, prejudicing its own fair price depot, although it raised no objection to the establishment of the depots if card‑holder allocation complies with the law.
- Respondents argued that the petitioner has an alternative remedy of appeal and that the village has 1,193 card‑holders, justifying the sanction of two additional depots based on topography and distance.
- The High Court Government Pleader emphasized that the petition only challenges the authorization order, not the underlying notification, and that the petitioner’s apprehension is premature.
Final Outcome
- The Court held that the authorization is an administrative act not amenable to judicial review at this stage and that the petition is premature, being based solely on apprehension.
- It directed that the 4th respondent must allocate card‑holders in accordance with sub‑clause (2) of clause 11 of the Control Order, 2016, but granted no relief to the petitioner.
- The writ petition was therefore disposed of without any order of mandamus or certiorari.
Topics: Public Distribution System, Regulatory Compliance