SMT. H C SAKAMMA v. THE DEPUTY COMMISSIONER AND APPELLATE AUTHORITY
WP/18645/2025 · 2025-07-03
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29403 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29403 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24027 WP No. 18645 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18645 OF 2025 (GM-PDS)
BETWEEN:
SMT. H.C. SAKAMMA, AGED ABOUT 66 YEARS, W/O.LATE B.G.RAJASHEKARAPPA, OWNER OF FAIR PRICE DEPOT, SHOP NO.100, RESIDING AT AMMA NILAYA, NEAR ANNAPOORNESHWARI TEMPLE, 'G' BLOCK, ASHRAYA LAYOUT, BOMMANAKATTE, SHIMOGA TOWN, SHIMOGA TALUK AND DISTRICT-577 204. …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER AND APPELLATE AUTHORITY, SHIMOGA DISTRICT, SHIMOGA - 577 201.
2.
THE JOINT DIRECTOR FOR FOOD AND CIVIL SUPPLIES, SHIMOGA DISTRICT, SHIMOGA 577 201. …RESPONDENTS (BY SMT.K.P.YASHODHA., LEARNED AGA)
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24027 WP No. 18645 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.05.2025 PASSED BY THE SECOND RESPONDENT IN NO. RPR/CR-31/2020-21 AT ANNEXURE - H1 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioner submits that, the benefit of stay of the
order of suspension till the date on which the order at Annexure - G has been passed.
2. It is submitted that the matter is remitted for reconsideration and till such time as the final decision is still to be taken, the interim order is required to be in operation till the disposal of the proceedings as envisaged by the order at Annexure - G.
3. The petitioner has called in question the validity of the order at Annexure - H1. It is the case of the petitioner that though the appeal lies under Order 17 of the Karnataka
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HC-KAR NC: 2025:KHC:24027 WP No. 18645 of 2025
Essential Commodities (Public Distribution System) Control
Order, 1992 (for short 'The Act'), the Deputy Commissioner has not been entertaining the appeals and considering the interim relief expeditiously.
4. Taking note of the said submission, petition is
disposed off, relegating the petitioner to avail of remedy of appeal under Order 17 of the Act before the Deputy Commissioner as against the order at Annexure - H1. In the event, petitioner has to file an appeal within a period of four weeks from the date of receipt of the order. The appeal to be entertained and the order at Annexure - H1 would remain stayed, till the Deputy Commissioner considers the plea for interim relief that would be sought by the petitioner.
Accordingly, petition is disposed off.
Sd/- (S SUNIL DUTT YADAV) JUDGE
SHS List No.: 1 Sl No.: 17