- 1 - HC-KAR NC: 2025:KHC:19181 WP No. 9029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9029 OF 2025 (GM-PDS) BETWEEN: 1. THE MILK PRODUCERS CO-OPERATIVE SOCIETY KYADIGUNTE VILLAGE, SIDDESWARANA DURGA POST, PARUSHARAMPURA HOBLI CHALLAKERE TALUK CHITRADURGA DISTRICT - 577 538 REP BY ITS SECRETARY, SRI. PRASHANTHA D. … PETITIONER (BY SRI. PUTTARAJA C P., ADVOCATE) AND: 1. STATE OF KARNATAKA REP-BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GROUND FLOOR VIKAS SOUDHA, BANGALORE-560 001. 2. THE JOINT DIRECTOR DEPARTMENT OF FOOD AND CIVIL SUPPLIES CHITRA DURGA DISTRICT, CHITRA DURGA - 577 501 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19181 WP No. 9029 of 2025 3. THE THASILDAR, CHALLAKERE TALUK, CHALLKERE, CHITRADURGA DISTRICT - 577 538 … RESPONDENTS (BY SMT. YASHODHA K.P., AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CANCELLATION OF GRANT ORDER DTD. 15.02.2025 PASSED BY THE R-2 (ANNEXURE-E) VIDE NO. C.S.D/HO.NYA.ANG/CR/12/2020-21 AND ETC. THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner, it is stated was granted authorization on 07.08.2023. It is further submitted that the petitioner was entitled for grant of priority in terms of the Government Order No.FCS/17/RPR2011(1), Bangalore, dated 10.06.2016 and in specific, in terms of the priority at Clause 6(b)(ii)(c) of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016. The said category reads as "(c) Milk producers Co-operative Societies sponsored by KMF". - 3 - HC-KAR NC: 2025:KHC:19181 WP No. 9029 of 2025 2. It is the case of the petitioner that no license has been given despite grant of authorization. After more than a year of issuance of authorization, as per the order at Annexure-E, the authorisation issued to the petitioner has been cancelled. It is the further case of the petitioner that there was no notice issued for cancellation of the authorisation by virtue of the order dated 15.02.2025. 3. It is necessary to note that once an authorisation is issued, the petitioner is possessed with certain rights including for grant of license. If any order is to be passed by the respondent - Authority which has the effect of revoking the authorisation granted, needless to state, principles of natural justice would require that petitioner be issued with notice. 4. In light of the contentions raised, the order at Annexure-E is set aside as being passed in violation of the principles of natural justice. Needless to state, if material on record and circumstances do warrant, respondent - - 4 - HC-KAR NC: 2025:KHC:19181 WP No. 9029 of 2025 Authority may, if they so desire, may initiate proceedings after issuing notice to the petitioner and eliciting his reply. 5. The contention of the petitioner that the order at Annexure-E was passed solely on the ground that the petitioner is not having priority, though in terms of the notification of 10.06.2016, prima facie petitioner does have priority, is an aspect to be kept in mind by the respondent - Authority before deciding to initiate any action. All contentions of the petitioner are kept open. Needless to state, any action if sought to be taken by the State must be taken within 3 months from today, failing which, the request for issuance of license of the petitioner may be considered. Accordingly, the order at Annexure-E dated 15.02.2025 is set aside. 6. In light of the above, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP