- 1 - HC-KAR NC: 2025:KHC:50482 WP No. 14819 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 14819 OF 2022 (GM-PDS) BETWEEN: G S PARAMESHWARAPPA S/O G SHIVAPPA AGED ABOUT 62 YEARS PROPRIETOR SHWETHA STORES FAIR PRICE DEPOT NO.188 SHIMOGA TOWN SHIMOGA DISTRICT-577 201 …PETITIONER (BY SRI. BASAVARAJ T., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577201 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS SHIMOGA TALUK SHIMOGA DISTRICT-577201 3. ASSISTANT DIRECTOR OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS SHIMOGA TALUK SHIMOGA DISTRICT-577201 4. THE TAHSILDAR SHIMOGA TALUK SHIMOGA DISTRICT-577201 5. THE FOOD INSPECTOR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:50482 WP No. 14819 of 2022 SHIMOGA TALUK RANGE SHIMOGA DISTRICT-577201 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE IMPUGNED ORDER DTD 30.06.2022 PASSED BY THE R1 IN PROCEEDINGS NO.F.S.D/RPR/CR-22/2020-21 VIE ANNEXURE-A TO THE WRIT PETITION. CONSEQUENTLY DIRECT THE R1 TO RESTORE THE APPEAL FILED BY THE PETITIONER AGAINST THE SUSPENSION ORDER OF THE R2 VIDE ANNEXURE-G DTD 25.9.2020 AND TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW BY GIVING FULL OPPORTUNITY TO THE PETITIONER BY ISSUING A WRIT TO THE R1 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. On careful consideration of the impugned order dated 30.06.2022, (Annexure A) passed by respondent No.1, wherein the order of suspension dated 25.03.2020 (Annexure G) passed by the respondent No.2, it would indicate that the respondent No.2 has passed an order of suspension in the interest of the public and same was challenged before respondent No.1, as per Annexure A, wherein respondent no.1 cancelled the license granted in favour of the petitioner, as per Karnataka Essential - 3 - HC-KAR NC: 2025:KHC:50482 WP No. 14819 of 2022 Commodities (Public Distribution System) Control Order 1992 & 2016, wherein, the respondent No.2 is required to decide the matter on merits. 3. In that view of the matter, taking into consideration the fact that respondent No.1 has no jurisdiction to cancel the order of suspension passed by respondent no.2 at Annexure G, I find force in the submission made by the learned counsel appearing for the petitioner. 4. Accordingly, I proceed to pass the following:- ORDER. (i) The writ petition is allowed. (ii) The order dated 30.06.2022 (Annexure A) passed by respondent No.1 is set aside and the matter is remitted to respondent No.1 to re-hear the matter afresh, after providing opportunity of hearing to the petitioner and take a decision in the matter in accordance with law. Sd/- (E.S.INDIRESH) JUDGE AKV, List No.: 1 Sl No.: 31