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2025 DAILYLAW 34281 (KAR)

JAYAPRAKASH GIRI B K v. THE STATE OF KARNATAKA

WP/26387/2023 · 2025-03-05

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:9544 WP No. 26387 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26387 OF 2023 (GM-PDS) BETWEEN: JAYAPRAKASH GIRI B.K, S/O LATE KARIBASAPPA, AGED ABOUT 43 YEARS, R/O NEAR ANJANEYA TEMPLE, HARALAHALLI, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. …PETITIONER (BY SRI. B.M. SIDDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER THE DEPARTMENT OF FOOD AND CIVIL SUPPLIES, CUNNING HAN ROAD, BANGALORE - 560 052. 3. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT DAVANAGERE DISTRICT, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9544 WP No. 26387 of 2023 DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT NO. AA.NA.SA.5 C.R 02/2020-21 DATED 04.11.2023 ISSUED BY THE RESPONDENT NO.3 PRODUCED AS ANNEXURE-B TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri. B.M. Siddappa, appearing for the petitioner and Sri. H.K. Kenchegowda, learned AGA appearing for the respondents and have perused the material on record. 2. The petitioner is before this Court, seeking for the following prayer: "a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the endorsement No. Aa.Na.Sa.5: C.R: 02/2020-21 Dated 04.11.2023 - 3 - NC: 2025:KHC:9544 WP No. 26387 of 2023 issued by the respondent No.3 produced as ANNEXURE-B to the writ petition. b) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity." 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.24320/2023 disposed on 15.11.2023, wherein it has held as follows: “The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to renew the authorization of the petitioner for a further period from 30.09.2023 in terms of Notification dated 16.01.2021. 2. Heard Sri. Siddappa B.M., learned counsel appearing for the petitioner and Smt. Navya Shekhar, learned AGA appearing for the respondents. 3. Learned counsel appearing for the petitioner submits that the present policy of the State is to accord renewal of the valid license of a fair price shop from 3 years to 10 years. The license of the petitioner was granted at the time when the said policy was not yet notified by the State. The authorization is granted on 05.11.2020 for a period of 3 years. In the light of the present policy, the license of the petitioner will have to be extended for a period of 10 years in terms of Notification dated 16.01.2021. 4. This Court in W.P.No.21478/2022 disposed on 03.11.2022 has considered the Notification and directed extension of license for a period of 10 years from the date of initial issuance of license. 5. Therefore, the petition deserves to succeed. A mandamus is issued to respondent No.3 to renew the authorization of the petitioner in terms of the Notification - 4 - NC: 2025:KHC:9544 WP No. 26387 of 2023 dated 16.01.2021 by passing appropriate orders within 4 weeks from the date of receipt of a copy of this order." 4. In the light of the issue standing covered by judgment rendered by this Court supra, the petition stands disposed on the same terms. Sd/- ______________________ JUSTICE M.NAGAPRASANNA SJK List No.: 1 Sl No.: 95 CT: BHK