- 1 - NC: 2025:KHC-K:2424 WP No. 201116 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201116 OF 2025 (GM-EC) BETWEEN: BASAVARAJ S/O LINGANNA, AGE: 65 YEARS, OCC: FAIR PRICE SHOP DEALER, R/O: PAGADADINNI CAMP, PAGADADINNI, TQ: SINDHANUR, DIST: RAICHUR - 584 128. …PETITIONER (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER FOOD & CIVIL SUPPLIES, RAICHUR – 584 101. 2. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, RAICHUR DISTRICT, RAICHUR – 584 101. 3. THE TAHASILDAR SINDHANUR TALUK, SINDHANUR – 584 128. 4. THE FOOD INSPECTOR SINDHANUR TALUK, SINDHANUR – 584 128. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2424 WP No. 201116 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER ¸ÀASÉå:DºÁgÀ/£Áå¨ÉCA/¹Dgï-02/2025-26 DATED 04.04.2025 AT ANNEXURE-C PASSED BY THE RESPONDENT NO.2 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Basavaraj R.Math, learned counsel for the writ petitioner as well as Sri.Mallikarjun Sahukar, learned Additional Government Advocate who represents all the respondents. 2. This writ petition is filed seeking a writ in the nature of certiorari quashing the order that was passed by respondent No.2 - Deputy Director of Food and Civil - 3 - NC: 2025:KHC-K:2424 WP No. 201116 of 2025 Supplies, Raichur, vide order No.Aahar/NyaBeAn/CR- 02/2025-26 dated 04.04.2025. 3. Learned counsel for the writ petitioner states that the petitioner is running a Fair Price Shop i.e., shop No.1278 at Mullur E.J.Camp, Sindhanur Taluk. A complaint was lodged against the petitioner projecting trivial grounds of violation. Respondent No.2 issued a show cause notice to the petitioner on 04.04.2025 stating that the petitioner distributed 10kgs of food grains instead of 15 kgs in the month of March-2025. Learned counsel also states that initially government ordered distribution of 10kgs food grains only and later an order was passed to distribute 5kgs more and the petitioner was indeed implementing the same and in the meantime, he was suspended. Learned counsel also stated that no time was given for the petitioner to respond and reply to the show cause notice. On the same day, show cause notice was issued and petitioner was put under suspension. - 4 - NC: 2025:KHC-K:2424 WP No. 201116 of 2025 4. Learned counsel states that the petitioner is required to distribute the stock lying in his shop and the suspension order indeed affected the public distribution and therefore, the present writ petition is filed. 5. Learned Additional Government Advocate states that there is provision of appeal under Rule 17 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 and the petitioner has to avail the appeal remedy. In reply to the said submission, learned counsel for the writ petitioner states that he would prefer an appeal, but, having regard to the urgency and as the principles of natural justice are violated, the interest of the petitioner and public may be protected. 6. Having considered the submissions thus made and having found justification in the temporary relief sought for, the writ petition is disposed of with the following: - 5 - NC: 2025:KHC-K:2424 WP No. 201116 of 2025 ORDER i. Petitioner is at liberty to approach the appellate authority and vindicate his grievance. ii. In the light of the circumstances projected by the learned counsel for the writ petitioner, the operation of the impugned order passed by the respondent No.2 vide order No.Aahar/NyaBeAn/CR-02/2025-26 dated 04.04.2025 stands suspended for a period of four weeks from today. iii. On submission of appeal, the appellate authority to decide the appeal on merits without being influenced by any of the observations that were made by this Court in this order. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 30 CT:NI