- 1 - NC: 2025:KHC:3369 WP No. 51477 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 51477 OF 2017 (GM-PDS) BETWEEN: SRI. T.M.RAKESH AGED ABOUT 35 YEARS, S/O T.M.MUNIYAPPA, MADDERI VILLAGE, THAYALUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT. …PETITIONER (BY SRI. PRAMOD.M.N., ADVOCATE FOR SRI. VINOD REDDY.V., ADVOCATE) AND: THE DEPUTY COMMISSIONER, & THE AUTHORIZED AUTHORITY OF KARNATAKA ESSENTIAL COMMIDITIES, (PDS) CONTROL ORDER 2016, KOLAR DISTRICT, KOLAR. …RESPONDENT (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3369 WP No. 51477 of 2017 ORAL ORDER Sri.Pramod.M.N., counsel on behalf of Sri.Vinod Reddy.V., for the petitioner and Sri.Mahantesh Shettar., AGA for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:28.06.2017 passed by the Deputy Commissioner in No.DRA/CR/10/2017-18 vide Annexure-E. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Counsel for the petitioner in presenting his arguments submits that the Deputy Commissioner has no power to pass the impugned order. He argued by saying that as per the second amendment dated 05.06.2017, it's only the Deputy Director of the Food, Civil Supplies and Consumer Affairs Department of Revenue has power to pass the order. Counsel therefore, submits that an appropriate order may be passed. - 3 - NC: 2025:KHC:3369 WP No. 51477 of 2017 AGA urged several contentions and submits that an appropriate order may be passed. 5. Heard the arguments and perused the writ papers with care. 6. The impugned order is furnished along with the Writ Petition and the same is marked as Annexure-E. A perusal of the same reflects that the Deputy Commissioner has passed the order. Because of the amendment to the Act, the power vests with the Deputy Director of the Food, Civil Supplies and Consumer Affairs Department of Revenue. Hence, the order passed by the Deputy Commissioner is liable to be set-aside and so, it is set-aside. 7. The Writ of Certiorari is ordered. The order dated:28.06.2017 passed by the Deputy Commissioner in No.DRA/CR/10/2017-18 vide Annexure-E is quashed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 18