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2025 DAILYLAW 11168 (KAR)

BASAVARAJGOUDA v. THE STATE OF KARNATAKA AND ORS

WP/202047/2024 · 2025-06-20

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3262 WP No. 202047 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.202047 OF 2024 (GM-EC) BETWEEN: BASAVARAJGOUDA S/O REVANASIDDAPPA PATIL, AGE: 59 YEARS, OCC: NIL, R/O KUKANOOR VILLAGE, TQ. JEWARGI, DIST. KALABURAGI. …PETITIONER (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPT. OF FOOD CIVIL SUPPLY AND CONSUMER AFFAIRS, VIDHANA SOUDHA, BENGALURU-560001. BY ITS SECRETARY AND APPELLATE AUTHORITY. 2. THE COMMISSIONER, FOOD AND CIVIL SUPPLY, CUNNINGHAM ROAD, BENGALURU-560052. 3. THE DEPUTY COMMISSIONER, KALABURAGI-585101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3262 WP No. 202047 of 2024 4. THE JOINT DIRECTOR, FOOD AND CIVIL SUPPLY, KALABURAGI-585101. 5. THE TAHASILDAR, JEWARGI, DIST. KALABURAGI-585101. 6. HANUMANTHRAYA S/O SHIVASHARANAPPA, AGE: 33 YEARS, OCC: NIL, R/O KUKANOOR VILLAGE, TQ. JEWARGI, DIST. KALABURAGI-585310. 7. BHIMARAYA S/O GURAPPA, AGE: 53 YEARS, OCC: NIL, R/O KUKANOOR VILLAGE, TQ. JEWARGI, DIST. KALABURAGI-585310. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R5; SRI. BRIJESH PATIL, AND SRI. A. M. NAGRAL, ADVOCATES FOR R7(VC); NOTICE TO R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING To ALLOW THIS WRIT PETITION AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 02.02.2024 IN APPEAL NO. AA.NA.SA.11 ECA 2020(30480) PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC-K:3262 WP No. 202047 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner is running a fair price shop in Kukanoor village, Jewargi Taluka, District Kalaburagi. Complaints were made against him regarding the manner in which he was running the fair price shop, which culminated in Appeal No.Aa.Na.Sa. 11 ECA 2020 (30480) before respondent No1. The respondent No.1 after hearing the parties had passed the impugned order dated 02.02.2024 at Annexure-F to the writ petition, wherein the order passed by the respondent No.2 has been set aside and the order passed by the respondent No.3, wherein the licence granted in favour of the petitioner, has been cancelled is upheld. The order of the respondent No.1 is challenged by the petitioner on the ground it is not a speaking order and no reasons are assigned. For the said reason, it is prayed that the said order be set aside. 2. Per contra, the respondent Nos.6 and 7, at whose instance proceedings has been initiated against the - 4 - HC-KAR NC: 2025:KHC-K:3262 WP No. 202047 of 2024 petitioner justifies the order passed by respondent No.1 and prays for dismissal of the writ petition. 3. Perusal of the impugned order shows that respondent No.1 has not applied his mind to the facts of the case and has not given any reason whatsoever for setting aside the order passed by the respondent No.2 and upholding the order passed by respondent No.3. The impugned order is not a speaking order. 4. The learned counsel for respondent Nos.6 and 7 or learned Additional Government Advocate representing the respondent Nos.1 to 5 are not in a position to dispute the same. 5. For the reasons, that the impugned order is not a speaking order, the same is hereby set aside and the matter is remanded back to the respondent No.1 to pass a speaking order after hearing all the parties are concerned. 6. The writ petition is disposed of. - 5 - HC-KAR NC: 2025:KHC-K:3262 WP No. 202047 of 2024 Respondent No.1 shall decide the matter as expeditiously as possible. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 18 CT:SI