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2025 DAILYLAW 30889 (KAR)

SRI G S PARAMESHWARAPPA v. THE DEPUTY COMMISSIONER

WP/58134/2016 · 2025-03-04

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:9151 WP No. 58134 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 58134 OF 2016 (GM-EC) BETWEEN: SRI G S PARAMESHWARAPPA S/O LATE G SHIVAPPA, AGED ABOUT 57 YEARS, SWETHA STORES, ASHOKA ROAD, BASAVANAGUDI, SHIMOGA-577201 …PETITIONER (BY SRI. BASAVARAJ T.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER FOOD & CIVIL SUPPLY CONSUMER AFFAIRS, SHIMOGA DISTRICT, SHIMOGA-577201 2. THE DEPUTY DIRECTOR OF FOOD & CIVIL SUPPLY CONSUMER AFFAIRS, SHIMOGA DISTRICT, SHIMOGA-577201 3. THE ASSISTANT DIRECTOR OF FOOD & CIVIL SUPPLY CONSUMER AFFAIRS, SHIMOGA DISTRICT, SHIMOGA-577201 …RESPONDENTS (BY SRI. SRINIVASA KUMAR., HCGP FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT/S ORDER/S, DIRECTION/S TO THE R1 QUASHING THE IMPUGNED ORDER/REVISED FINAL NOTICE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9151 WP No. 58134 of 2016 BEARING NO. FSD/FPS/CR-45/2015-16 DTD 28.9.2016/6.10.2016 VIDE ANNEXURE-H AND CONSEQUENTLY DIRECT THE R-1 TO DROP ALL FURTHER PROCEEDINGS THERE UNDER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of certiorari or any other writ/s, order/s, direction/s to the 1st respondent quashing the impugned order/revised final notice bearing No. FSD/FPS/CR-45/2015-16 dated 28.9.2016- 06.10.2016 vide Annexure-H and consequently direct the 1st respondent to drop all further proceedings there under. ii. And consequently to pass such other order/s as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, to secure the ends of justice. 2. The grievance of the petition is that without issuance of any notice, the impugned order at Annexure-H has been passed. In a similar matter in Smt.H.C. Sakamma Vs. The Deputy Commissioner & others in WP No.47489 of 2016 this Court has allowed the said writ petition, setting aside the - 3 - NC: 2025:KHC:9151 WP No. 58134 of 2016 impugned order therein, reserving liberty to the respondents to issue appropriate notice. 3. The counsel for the petitioner and learned AGA submit that similar orders could be passed. As such, I pass the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, the notice bearing No. FSD/FPS/CR-45/2015-16 dated 28.9.2016- 06.10.2016 at Annexure-H is quashed. iii. Liberty is reserved to the respondents to issue appropriate notice, provide an opportunity to the petitioner for hearing and thereafter proceed with the matter in accordance with law. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 40