- 1 - NC: 2025:KHC-K:2425 WP No. 201115 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.201115 OF 2025 (GM-EC) BETWEEN: ABDUL GAFOOR S/O KHASIM SAB AGE: 50 YEARS, OCC: FAIR PRICE SHOP DEALER, R/O: BUTALADINNI CAMP, BUTALDINNI, 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, SINDAHANUR TALUK, SINDHANUR – 584 128. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2425 WP No. 201115 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-10/2025-26 DATED 09.04.2025 AT ANNEXURE-G 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 the Court to issue a writ in the nature of certiorari quashing the order which was passed by Deputy Director of Food and Civil Supplies, Raichur, vide order No.Aahar/NyaBeAn/CR- 10/2025-26 dated 09.04.2025. - 3 - NC: 2025:KHC-K:2425 WP No. 201115 of 2025 3. Learned counsel for the writ petitioner states that the petitioner is running a Fair Price Shop i.e., shop No.32 at Butaladinni Camp, Sindhanur Taluk and Fair Price Shop No.152 was also attached to the petitioner. A complaint was lodged against the petitioner projecting trivial grounds of violation. Respondent No.2 sent a whatsapp message to respondent No.4 on 04.04.2025 to conduct an enquiry. Basing on the said whatsapp message, respondent No.4 visited shop No.152 and found the stock in order. However, he noticed that Board of intimating the name of Vigilance Member and the Board mentioning stock of food grains were not properly maintained. Respondent No.4 submitted his report to respondent No.2. Respondent No.2 issued a show cause notice to the petitioner on 09.04.2025 directing him to give his reply within 24 hours. Surprisingly on the same day i.e, on 09.04.2025, an order of suspension of licence was passed. Learned counsel states that the petitioner was working honestly. Learned counsel states that the petitioner was not given fair opportunity to submit his - 4 - NC: 2025:KHC-K:2425 WP No. 201115 of 2025 reply and the hasty way of doing things itself reflects the pre-determined mind of the authorities to suspend the licence of the petitioner. Learned counsel also states that the stock which is perishable is lying at the fair price shop and in case the same is not distributed, public would be put to hardship and therefore, the present writ petition is filed. 4. 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. 5. Having considered the submissions thus made and having found justification in the temporary relief - 5 - NC: 2025:KHC-K:2425 WP No. 201115 of 2025 sought for, the writ petition is disposed of with the following: 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-10/2025-26 dated 09.04.2025 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.: 29 CT:NI