- 1 - HC-KAR NC: 2025:KHC-K:2973 WP No. 200101 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200101 OF 2025 (GM-EC) BETWEEN: SHRI. BEERALINGESHWARA GRAMEENA ABHIVRUDDI SANGHA, HAGARAGUND, TQ. MUDDEBIHAL, DIST. VIJAYAPURA. BY ITS SECRETARY, SRI.MOUNESH S/O BASAPPA CHALAWADI, AGED ABOUT 36 YEARS, R/O HAGARGUND, TQ. MUDDEBIHAL, DIST. VIJAYAPURA. …PETITIONER (BY SMT. RATNA N. SHIVAYOGIMATH AND SRI. S. S. HIREMATH, ADVOCATES) AND: 1. THE COMMISSIONER, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND PUBLIC DISTRIBUTION, BENGALURU-01 2. THE DEPUTY COMMISSIONER, (FOOD), VIJAYAPURA, DIST. VIJAYAPURA-586 101. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND PUBLIC DISTRIBUTION, VIJAYAPURA, DIST. VIJAYAPURA-586 101. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2973 WP No. 200101 of 2025 4. THE TAHSILDAR, TALIKOTI, DIST. VIJAYAPURA-586101. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OR DIRECTION OR ORDER WRIT IN THE NATURE OF CERTIORARI, QUASHING THE ORDER DATED 02.08.2024 IN NO. AAHARA.NYABEAM.CR07-2024-25, ISSUED BY RESPONDENT NO. 3, VIDE ANNEXURE-H, B) ISSUE A WRIT OR DIRECTION OR ORDER WRIT IN THE NATURE OF MANDAMUS REVOKE THE ORDER OF SUSPENSION BY CONSIDERING THE REQUEST OF THE CARDHOLDERS/ VILLAGES VIDE ANNEXURE-J. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner is running a fair price shop in Hagargund village, Muddebihal Taluk. On the ground that it violated certain terms and conditions as prescribed in law, the impugned order dated 02.08.2024 is passed under Rule 12(2) of the Karnataka Essential Commodities Public Distribution System (Control) Order Rules, 2016 (for - 3 - HC-KAR NC: 2025:KHC-K:2973 WP No. 200101 of 2025 short, ‘the Rules’), wherein the license of the petitioner has been suspended. Thereafter, the petitioner made a representation to the authorities concerned requesting the revocation of suspension. Nothing has been done so far by the respondent authorities hence, the present writ petition has been filed. 2. The contention of the petitioner is that once an order of suspension is passed under Rule 12 (2) of the Rules, enquiry needs to be completed within 90 days from the date of suspension of the shop. However, no such enquiry has been initiated so far. On the said ground, it is prayed that the impugned order be set aside. 3. The statement of the petitioner that no enquiry has been initiated so far and 90 days since passing of the impugned order has elapsed, is not rebutted by the respondents. - 4 - HC-KAR NC: 2025:KHC-K:2973 WP No. 200101 of 2025 4. Rule 12 of the Karnataka Essential Commodities Public Distribution System (Control) Order Rules, 2016 reads as under: “12. Contravention of Conditions of Authorization: (1) Authorized dealer or agency under this order or his agent or servant or any other person acting on his behalf, shall contravene any of the terms of conditions of the authorization or the provisions of this order and if any such dealer or agency or his agent or servant or any other person acting on his behalf contravenes any of the said terms of conditions or provisions, then without prejudice to any other action that may be taken against him, his authorization may be cancelled by order in writing by the Authorized Authority in respect of one or more of the essential commodities covered by that authorisation: Provided that no order shall be made under this clause unless the authorized dealer or agency has been given a reasonable opportunity of being heard. (2) If the Authorized Authority is satisfied that prima facie the conditions of the authorization or the provisions of this order are contravened, he may, notwithstanding anything in sub-clause (1). suspend the authorization pending enquiry for cancellation of authorization. "Provided that the enquiry shall be completed within 90 days from the date of suspension of the shop and that in case of cancellation of the authorization of the Fair Price Shop, new authorization shall be issued within 60 days of cancellation.” - 5 - HC-KAR NC: 2025:KHC-K:2973 WP No. 200101 of 2025 5. As can been seen from the aforementioned Rules that the enquiry pursuant to the suspension has to be completed within 90 days. In the instant case, the same has not been done. 6. For the aforementioned reasons, the writ petition deserves to be allowed. Hence, the following: ORDER i. Writ petition is allowed. ii. The respondents are directed to permit the petitioner to run the fair price shop. However it is clarified that this order will not come in the way of respondents to initiate appropriate action against the petitioner in accordance with law afresh, if it is found that the petitioner is running fair price shop in violation of the law. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 20 CT:SI