- 1 - HC-KAR NC: 2025:KHC-D:12695 WP No. 107006 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107006 OF 2025 (GM-EC) BETWEEN: 1. SHRI VIJAYNAGAR MAHILA SANGHA ILKAL, R/BY ITS PRESIDENT, SMT. DEVIKA W/O. SHIVANANDAPPA, AGE. 79 YEARS, R/O. ILKAL, TQ. ILKAL, DIST. BAGALKOT-587101. 2. SHRI. VIJAYNAGAR MAHILA SANGHA ILKAL, R/BY. ITS SECRETARY, SMT. MANJULA W/O. PRABHULINGAYYA BANNIGOLMATH, AGE. 61 YEARS, R/O. ILKAL, TQ. ILKAL, DIST. BAGALKOT-587101. …PETITIONERS (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLY, R/BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER AND ORS (FOOD) BAGALKOT-587101. 3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12695 WP No. 107006 of 2025 BAGALKOT-587101. 4. THE ASSISTANT DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS, BAGALKOT-587101. 5. THE TAHASILDHAR ILKAL-587118. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A) WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED. 21.08.2023 BEARING NO. K PÀæ.¸ÀA:D£Á¸À/£Áå.¨É.CA/«ªÀ-36/2023-24 PASSED BY THE JOINT DIRECTOR/RESPONDENT NO. 3 VIDE ANNEXURE-C IN RESPECT OF PETITIONERS FAIR PRICE SHOP BEARING AURHORIZATION 154/2021-22 OF ILKAL, BAGALKOTE DIST IN THE INTEREST OF JUSTICE AND EQUITY. B) WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED NOTICE DATED. 30.05.2025 BEARING NO. PÀæ.¸ÀA:D£Á¸À/£Áå.¨É.CA/«ªÀ/2025-26/90 PASSED BY THE JOINT DIRECTOR/RESPONDENT NO. 4 VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. C) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED. 14.02.2024 AND FURTHER DIRECT THE RESPONDENTS TO - 3 - HC-KAR NC: 2025:KHC-D:12695 WP No. 107006 of 2025 PERMIT THE PETITIONER FOR RUNNING THE FAIR PRICE SHOP, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. The petitioners are before this Court seeking for the following reliefs: a. Writ in the nature of certiorari or any other writ or order or direction, quashing the impugned order dated. 21.08.2023 bearing no. k PÀæ.¸ÀA:D£Á¸À/£Áå.¨É.CA/«ªÀ-36/2023-24 passed by the Joint Director/Respondent No. 3 vide Annexure-C in respect of petitioners fair price shop bearing authorization 154/2021-22 of Ilkal, Bagalkote Dist in the interest of justice and equity. b. Writ in the nature of certiorari or any other writ or order or direction, quashing the impugned notice dated. 30.05.2025 bearing no. PÀæ.¸ÀA:D£Á¸À/£Áå.¨É.CA/«ªÀ/2025-26/90 passed by the Joint Director/Respondent No. 4 vide Annexure-E in the interest of justice and equity. c. Issue writ in the nature of Mandamus directing the respondent to consider the representation dated. 14.02.2024 and further direct the respondents to - 4 - HC-KAR NC: 2025:KHC-D:12695 WP No. 107006 of 2025 permit the petitioner for running the fair price shop, in the interest of justice and equity. d. Such other writ or orders or direction may deem fit under the facts and circumstances of the case, be issued in the interest of justice. 3. The short grievance of the petitioners are that though the authorization in favour of the petitioners had been suspended on 21.08.2023, an enquiry is now proposed to be initiated by notice dated 30.05.2025 by the Assistant Director. 4. The submission of Sri Gnanayyaswami, learned counsel for the petitioners, is that in terms of Rule 12 of the Karnataka Essential Commodities Public Distribution System Control Order, 1992 (for short the Control Order, 1992) enquiry is to be completed within 90 days from the date of suspension of the shop. As such, in the present case, the notice, having been issued nearly two years after the date of suspension, is not sustainable. - 5 - HC-KAR NC: 2025:KHC-D:12695 WP No. 107006 of 2025 5. A perusal of the proviso to sub-rule (2) of Rule 12 of the Control Order, 1992 clearly provides that the enquiry shall be completed within 90 days from the date of suspension. In the present case, the enquiry having not been completed, and indeed not even initiated within the said time, the same is not sustainable. 6. Accordingly, I pass the following: ORDER i) Writ petition is allowed. ii) The notice dated 30.05.2025 issued by the Assistant Director is quashed. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb Ct:pa List No.: 1 Sl No.: 36