- 1 - HC-KAR NC: 2025:KHC:43124 WP No. 56719 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 56719 OF 2018 (GM-PDS) BETWEEN: J P NAGAR 2ND PHASE CONSUMER CO OPERATIVE SOCIETY LTD., FAIR PRICE SHOP NO. 505 (BLS-141), No.27, 2ND CROSS, 7TH MAIN, J. P. NAGAR 2ND PHASE, BANGALORE - 560 072, REP. BY ITS PRESIDENT, SRI. M.MANJUNATH, S/O. LATE MARIGOWDA, AGED ABOUT 46 YEARS. …PETITIONER (BY SRI. NAGARAJA N. NAIDU, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, BANGALORE - 560 001. 2. THE ADDITIONAL DIRECTOR FOR FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE - 560 054. 3. THE DEPUTY DIRECTOR FOR FOOD AND CIVIL SUPPLIES, SOUTH RANGE, BANGALORE - 560 075. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3) ----- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.03.2010 PASSED BY THE R-2 VIDE ANNEXURE-L AND ALSO ORDER DATED 07.12.2018 PASSED BY THE R-1 VIDE ANNEXURE-S AND ETC. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43124 WP No. 56719 of 2018 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 learned counsel appearing for the parties. 2. The petitioner herein is assailing the order dated 23.03.2010 passed by Respondent No.2 (Annexure-L) and the Order dated 07.12.2018 (Annexure-S) passed by Respondent No.1. 3. Heard Sri.Nagaraja N.Naidu, learned counsel for the petitioner and Sri.Mahantesh Shettar, learned AGA for Respondents No.1 to 3. 4. It is submitted by the learned counsel appearing for the petitioner, by referring to the order sheet at Annexure-N wherein the matter was taken up on 01.04.2016 and adjourned to 22.04.2016 for final arguments. However, matter was not listed on 22.04.2016 and thereafter, the matter was listed on 10.06.2016. It is submitted by the learned counsel for the petitioner that Respondent No.1 did not have a Calendar in his Office to mention the proper date and to call the matter on a - 3 - HC-KAR NC: 2025:KHC:43124 WP No. 56719 of 2018 particular date and therefore, it is contended by the learned counsel for the petitioner that no fair opportunity has been given by the respondent-Authorities to the petitioner to put- forth his case. 5. Per contra, learned AGA sought to justify the impugned orders. 6. In the light of the submission made by the learned counsel for the parties and on careful consideration of the writ papers, it would indicate that the proceedings was taken up before Respondent No.1 as per Annexure-M as well as before the Competent Authority as per the Order Sheet at Annexure-N. On perusal of the same, it would indicate that Respondent No.1 has committed an error in not providing a fair opportunity to the petitioner. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner and accordingly, I pass the following : ORDER i) Writ Petition is allowed; ii) The Order dated 23.03.2010 (Annexure-L) passed by Respondent No.2 and the Order dated 07.12.2018 - 4 - HC-KAR NC: 2025:KHC:43124 WP No. 56719 of 2018 (Annexure-S) passed by Respondent No.1 is set aside and the matter is remitted to Respondent No.1 for fresh consideration and to take appropriate decision in the matter, in accordance with law. With the above observation, Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE rs CT-SG List No.: 1 Sl No.: 31