- 1 - NC: 2025:KHC:3371 WP No. 8831 of 2021 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. 8831 OF 2021 (GM-PDS) BETWEEN: SRI. H.C.JAYADEVAPPA AGED ABOUT 63 YEARS, S/O LATE CHANNAVEERAPPA, R/A NO.297, JANATHA COLONY, MALAGALA, BENGALURU-56 0072. …PETITIONER (BY SRI. H.C.SHIVARAMU., ADVOCATE) AND: 1. THE ADDL/ JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BENGALURU-560 052. 2. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, WEST RANGE, RAJAJINAGAR, BENGALURU. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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 THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3371 WP No. 8831 of 2021 ORAL ORDER Sri.H.C.Shivaramu., counsel for the petitioner and Sri.Mahantesh Shettar., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ of Certiorari to quash the order dated 25.10.2016 passed by the first respondent in No.INR:DRA(West)53/2013-14 vide Annexure-B. (b) Issue a Writ of Mandamus to the first respondent to consider the representation dated 12.03.2020 produced at Annexure-C in terms of the order dated 03.07.2018 passed by the first respondent in No.INR/DRA/West/02/2018-19 vide Annexure-D and E dated 23.07.2018 issued by the second respondent in No.DD(West)DRA:MP- 20/2010-11 issued by the second respondent at Annexure-E. 3. Sri.H.C.Shivaramu., counsel for the petitioner in presenting his arguments strenuously urged that Government - 3 - NC: 2025:KHC:3371 WP No. 8831 of 2021 has passed the order on 03.07.2018 and has restored the authorization in favor of those who have paid the penalty. Counsel submits that in the present case also, the petitioner has paid the penalty and has made a representation seeking restoration of authorization. Counsel therefore, submits that an appropriate order may be passed. AGA urged several contentions and submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with care. 5. The Joint Director/ competent authority vide order dated 25.10.2016 imposed penalty of Rs.1,55,026/- on the petitioner. The petitioner contends that he has paid the penalty. It is pivotal to note that the Government has restored authorization in respect of those who have paid the penalty. Hence, there is no impediment for this Court to direct the respondents to restore the authorization in favor of the petitioner because of the penalty paid by the petitioner. - 4 - NC: 2025:KHC:3371 WP No. 8831 of 2021 6. The Writ of Certiorari is ordered. The order dated 25.10.2016 passed by the first respondent in No.INR:DRA(West)53/2013-14 vide Annexure-B is quashed. A Mandamus is ordered directing the respondents to consider the representation and restore the authorization as has been done in respect of others vide Annexure-D in accordance with the law within four weeks from the receipt of certified copy of this order and see that the food grains are allotted to the petitioner. 7. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 24