THE SECRETARY v. THE DEPUTY COMMISSIONER AND APPELLATE AUTHORITY
WP/19498/2025 · 2025-07-08
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29912 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29912 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24817 WP No. 19498 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19498 OF 2025 (GM-PDS) BETWEEN:
THE SECRETARY, DISTRICT WOMEN'S MULTIPURPOSE CO-OPERATIVE SOCIETY, KALLAHALLI II STAGE, VINOBA NAGAR, SHIMOGA - 577 204. …PETITIONER (BY SRI. H.C. SHIVARAMU, 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.
3.
THE DEPUTY DIRECTOR FOR FOOD AND CIVIL SUPPLIES, SHIMOGA DISTRICT, SHIMOGA - 577 201. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24817 WP No. 19498 of 2025
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT ORDER OR DIRECTION TO QUASH THE IMPUGNED FINAL ORDER DATED 31.05.2025 PASSED BY THE THIRD RESPONDENT IN HIS
ORDER NO.RPR/CR-31/2020-21 PRODUCED AT ANNEXURE-H 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
Learned Additional Government Advocate accepts notice for the respondents.
2. The petitioner has sought for setting aside the order at Annexure-H.
3. Learned AGA appearing for the respondents, who accepts notice, submits that against the order at Annexure-H passed by the Deputy Director, there is a provision of appeal under Regulation 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016.
4.
Learned counsel for the petitioner submits that appeals filed are not taken up in time and accordingly, they are constrained to file the writ petition.
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HC-KAR NC: 2025:KHC:24817 WP No. 19498 of 2025
5. Taking note of the said submission, the petitioner is relegated to avail of the substantive remedy under Regulation 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. If appeal is filed within a period of four weeks from the date of receipt of copy of the order, the same would be taken and appropriate orders be passed. The
order at Annexure-H would remain stayed till the application for interim stay that would be filed in that appeal is considered and orders passed.
If the appeal is filed within a period of two weeks from the date of receipt of copy of the order, the Authority may condone the delay by passing appropriate order taking note of the pendency of proceedings before this Court. All contentions are kept open.
Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VM List No.: 1 Sl No.: 16 CT: BHK